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"Point in Time" Regulation Content

Motor Vehicle Act

Use of Electronic Devices While Driving Regulation

B.C. Reg. 308/2009

NOTE: Links below go to regulation content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to "current to" date of the regulation.)
SECTIONEFFECTIVE DATE
Section 1 October 18, 2021
February 13, 2023
August 1, 2023
Section 3 February 13, 2023
Section 5 June 7, 2021
August 7, 2024
Section 5.1 February 13, 2023
August 1, 2023
Section 6 October 18, 2021
Section 7 October 18, 2021
Section 8 October 18, 2021
Section 9 October 18, 2021
Section 10 October 18, 2021
Section 11 October 18, 2021

 Section 1 BEFORE re-enacted by BC Reg 235/2021, effective October 18, 2021.

Definition

1   In this regulation, "Act" means the Motor Vehicle Act.

 Section 1 definitions "commercial motor vehicle", "driving time", "electronic logging device" and "record of duty status" were added by BC Reg 39/2023, effective February 13, 2023.

 Section 1 definition of "electronic logging device" or "ELD" BEFORE amended by BC Reg 39/2023, effective August 1, 2023.

"electronic logging device" or "ELD" means a device or technology that

(a) automatically records a driver's driving time,

(b) facilitates the recording of the driver's record of duty status, and

(c) is certified by an accredited certification body under section 79.1 of the Commercial Vehicle Drivers Hours of Service Regulations (Canada);

 Section 1 definitions of "driving time" and "record of duty status" BEFORE repealed by BC Reg 39/2023, effective August 1, 2023.

"driving time" has the same meaning as in section 37.01 of the Motor Vehicle Act Regulations, B.C. Reg. 26/58;

"record of duty status" means a record in which a driver records the information required under section 77 or 82 of the Commercial Vehicle Drivers Hours of Service Regulations (Canada).

 Section 3 (1) (a.1) was added by BC Reg 39/2023, effective February 13, 2023.

 Section 5 (c) was added by BC Reg 145/2021, effective June 7, 2021.

 Section 5 (c) BEFORE amended by BC Reg 144/2024, effective August 7, 2024.

(c) a sheriff, in the discharge of the sheriff's duties under the Sheriff Act, while transporting a person in the lawful custody of a sheriff.

 Section 5.1 was enacted by BC Reg 39/2023, effective February 13, 2023.

 Section 5.1 BEFORE re-enacted by BC Reg 39/2023, effective August 1, 2023.

Persons engaged in prescribed activity — commercial motor vehicle with ELD

5.1   For the purposes of section 214.5 (b) of the Act, a person who is driving or operating a commercial motor vehicle, if the commercial motor vehicle is equipped with an electronic logging device that is mounted in a fixed position during the operation of the commercial motor vehicle and is visible to the driver when the driver is in the normal driving position, is engaged in a prescribed activity and the person is exempt from the prohibition in section 214.2 of the Act in respect of the use of the electronic logging device.

[en. B.C. Reg. 39/2023, Sch. 1, s. 3.]

 Section 6 BEFORE re-enacted by BC Reg 235/2021, effective October 18, 2021.

New drivers exempt from section 214.2 of the Act

6   Section 214.2 of the Act does not apply to a person to whom a Class 7 or 7L licence is issued.

 Section 7 (1) (part) BEFORE amended by BC Reg 235/2021, effective October 18, 2021.

(1) Subject to subsection (2), a person may use an electronic device in a hands-free telephone function while driving or operating a motor vehicle on a highway, if the device

 Section 8 (1) (part) BEFORE amended by BC Reg 235/2021, effective October 18, 2021.

(1) Subject to subsection (3), a person may use a global positioning system for navigation purposes while driving or operating a motor vehicle on a highway, if the system is

 Section 9 (part) BEFORE amended by BC Reg 235/2021, effective October 18, 2021.

Hand microphone

9   A person may use a hand microphone while driving or operating a motor vehicle on a highway if

 Section 10 (part) BEFORE amended by BC Reg 235/2021, effective October 18, 2021.

Hand-held audio player

10   A person may use a hand-held audio player while driving or operating a motor vehicle on a highway if

 Section 11 (3) was added by BC Reg 235/2021, effective October 18, 2021.