Definitions

1  In this regulation:

"Act" means the Motor Carrier Act;

"applicant" means a person who files an application and includes a licensee;

"application" means an application for

(a) a new licence,

(b) an amendment to the terms and conditions of an existing licence,

(c) an amendment to the number of certificates issued to a licensee, or

(d) the transfer of a licence;

"certificate year" means March 1 to the last day of February;

"charitable association" means a charity registered with the Canada Customs and Revenue Agency;

"objector" means a person who has filed an objection under section 46;

"passenger vehicle" means a scheduled bus or a commercial passenger vehicle;

"passenger transportation pool vehicle" means a motor vehicle that is operated on a highway

(a) if

(i)  the transportation of passengers is from the vehicle owner's or operator's residence or the residence of a passenger, to a place of employment or to a common destination, or

(ii)  the vehicle is employer owned or operated, the transportation of that employer's employees to and from a place of employment,

(b) under a transportation pooling arrangement sponsored and coordinated by an organization working with the government of Canada, the government of British Columbia, a local government body or any combination of these government bodies, and

(c) if the sum of the fees charged to passengers is not more than the vehicle owner or operator requires to pay operating costs and capital costs of the vehicle;

"tariff" means a schedule of rates, including the rules and regulations governing the charging of those rates;

"volunteer driver" means a person, other than a licensee, who

(a) drives a motor vehicle for a charitable association, and

(b) receives no compensation for the services described in paragraph (a) other than reimbursement for operating costs, such as the cost of gasoline, tolls, ferry fares, incidental wear and tear, insurance and maintenance, but not depreciation.

 Types of exemption

2  (1)  A licensee must not operate a passenger vehicle under the exemptions contained in subsection (2) without the prior written consent of the commission.

(2)  The provisions of the Act and this regulation do not apply to the following:

(a) a passenger vehicle owned and operated by Canada Post Corporation or employed by or under contract with Canada Post Corporation while operated for the purpose of carrying mail only;

(b) a passenger vehicle owned and operated by the government or the government of the United States of America;

(c) a passenger vehicle owned by any British Columbia municipality or regional district, while being operated within the boundaries of the municipality or regional district;

(d) a passenger vehicle providing public transit service that is funded jointly by the government and a municipality or regional district;

(e) the transportation of persons by a passenger vehicle under contract to the federal government, the government or the government of the United States of America;

(f) an ambulance;

(g) a hearse or funeral coach or other passenger vehicle operated for the purpose of a funeral;

(h) a passenger vehicle operated in the area comprising Yoho National Park or Kootenay National Park;

(i) a passenger vehicle operated as a passenger transportation pool vehicle;

(j) a passenger vehicle operated by a volunteer driver for the transportation of a passenger to and from a place at which the passenger seeks health care treatment.

 Exemption for the Greater Vancouver Transportation Authority

2.1  (1)  In this section:

"Authority" means the Greater Vancouver Transportation Authority established under the Greater Vancouver Transportation Authority Act;

"transportation service region" means a transportation service region as defined in the Greater Vancouver Transportation Authority Act.

(2)  The provisions of the Act and this regulation do not apply to the following:

(a) a passenger vehicle owned by the Authority while being operated within the boundaries of the transportation service region;

(b) a passenger vehicle providing public transit service that is funded in whole or in part by the Authority, including a vehicle operating under contract to the Authority.

[en. B.C. Reg. 381/2003, s. 2 (a).]

 Exemption for vehicle used by care facility

3  (1)  In this section:

"assisted living residence" means an assisted living facility as defined in the Community Care and Assisted Living Act;

"community care facility" means a community care facility as defined in the Community Care and Assisted Living Act;

"person in care" means a person in care as defined in the Community Care and Assisted Living Act; and

"resident" means a resident as defined in the Community Care and Assisted Living Act.

(2)  A passenger vehicle is exempt from the application of the Motor Carrier Act if used only for the purpose of transporting persons in care in a community care facility or residents of an assisted living residence to or from the facility or residence, as the case may be.

 Extra-Provincial bus undertakings

4  If a passenger vehicle is operated on a highway in the Province under an extra-provincial bus undertaking within the legislative jurisdiction of the government of Canada, the vehicle is exempt from the provisions of the Act other than those relating to licence fees, the promotion of safety on the highway, and the regulation of traffic over the highway.

 Licence consolidation

5  If a licence is required under the Motor Vehicle Transport Act (Canada) and the commission, pursuant to powers granted to it in that Act, has decided to issue such a licence, it may consolidate with it the licence issued under the Motor Carrier Act for Provincial purposes.

 Combinations of licence authority

6  A licence may be issued for the following vehicle combinations:

(a) a scheduled bus and commercial passenger vehicle;

(b) any other combination of vehicles that the commission may approve.

 Issue date of licence

7  Licences must state the date of issue.

 Carrying of registration and licence

8  Except as otherwise ordered by the commission, a licensee must ensure that each passenger vehicle owned or operated by the licensee

(a) contains the licensee's vehicle registration that states the licensee's licence number and the licensee's National Safety Code number, and

(b) contains a copy of the licence.

 Commencement of service

9  (1)  Unless otherwise ordered by the commission, a licensee must commence service within 60 days of being granted a licence or an amendment to a licence.

(2)  The commission may suspend or cancel a licence if the licensee fails to commence service within the time stated in subsection (1).

 Certificate requirements

10  (1)  Certificates must state

(a) the licensee's name,

(b) the date of issue and the expiry date,

(c) the licensee's licence number, and

(d) the licence plate decal number.

(2)  The certificate must show the licence plate decal number issued by the commission for the certificate year.

 Carrying of certificate

11  A licensee must ensure that each licensed vehicle owned or operated by the licensee contains the certificate that corresponds to the licence plate and licence plate decal displayed on the licensed vehicle.

 Renewal of certificate

12  (1)  A licensee may apply to the commission to renew a certificate.

(2)  Before renewing an expired certificate, the commission may require a licensee to provide information in respect of the service rendered by the licensee under the certificate.

(3)  The commission may refuse to renew a certificate if

(a) in the commission's opinion any of the circumstances under section 8 (1) or 10 (2) of the Act exist, or

(b) the licensee fails to apply to renew a certificate within a reasonable time before or after the licensee's certificate expires.

 Display of licence plate and licence plate decal

13  (1)  A licensee must attach and display in a conspicuous position on the outside front of each vehicle it operates the licence plate and licence plate decal issued for the certificate year.

(2)  A licensee may display, during the months of January and February, a licence plate and licence plate decal issued by the commission for the following certificate year.

 If licence plate is lost

14  If a licence plate is lost, the licensee must immediately report the loss in writing to the commission and may apply for a replacement.

 Duplicate or substitute licences, certificates, plates and decals

15  (1)  The commission may, at a licensee's request, issue to the licensee a duplicate of the licence or certificate or a substitute licence plate or licence plate decal.

(2)  In the case of loss, non-receipt, mutilation or destruction of a licence, certificate, licence plate or licence plate decal, the licensee must

(a) provide a declaration to the commission describing the loss, non-receipt, mutilation or destruction,

(b) surrender to the commission, if applicable, the licence, certificate, licence plate or licence plate decal, and

(c) pay the fee prescribed in Schedule 1.

(3)  Despite subsection (2) (c), no fee is required if a licensee voluntarily surrenders a mutilated licence plate, accompanied by the original certificate.

 Commission may issue permits

16  (1)  The commission may, on payment of the fee indicated in Schedule 1, issue permits for the seasonal, occasional or emergency operation of a vehicle and may attach terms and conditions to the permit.

(2)  The commission may waive the fee required under subsection (1).

(3)  The commission may set a date on which the permit expires.

(4)  The commission may cancel a permit if the permit holder fails to comply with the Act, regulations, orders of the commission or any terms and conditions of the permit.

 Permit must be carried in vehicle

17  A permit holder must ensure that the permit is contained in the vehicle being operated under the permit and must make the permit available for inspection on request by an authorized person.

 Delegation

18  The commission may delegate in writing the power to issue permits to any member or officer of the commission.

 Tariff requirements

19  All licensees must ensure that their passenger vehicle tariffs state clearly and legibly all

(a) rates for transportation service, including any discount fares, deadhead charges, round trip fares, point-to-point fares, minimum charges, and any other fees or charges, and

(b) rules or regulations for transportation service, including how rates are defined, refund policies, coupons, commissions, stopovers and any other information that in any way affects either the rates charged or the conditions in which passengers and their baggage may be transported.

 Publication of tariffs

20  All passenger vehicle tariffs, including rules and regulations, must be published in a manner readily accessible to the public and made available to passengers or potential passengers on request.

 Tariffs to be filed with commission

21  (1)  Licensees must file 2 copies of their tariffs, and any amendments to their tariffs, with the commission.

(2)  The commission may, if amendments are too numerous or confusing, require a carrier to file a new tariff.

(3)  Tariffs and amendments are effective on the date specified by the commission.

 Notice of tariff amendment

22  (1)  In addition to the requirements under subsections (2) and (3), the commission may require that a licensee provide notice of a tariff amendment and may specify details of such notice.

(2)  A scheduled bus operator who files a tariff amendment must, for 14 days after publication of the filed amendment, post notice, in accordance with subsection (3), of the proposed amendment in the operator's depots and termini in a manner clearly visible to the public.

(3)  A notice posted under subsection (2) must state

(a) the date the notice was first posted,

(b) the proposed implementation date of the tariff amendment, and

(c) that protests may be filed with the commission for 21 days following the date on which the notice was first posted.

(4)  The commission may waive the notice requirements for scheduled operators under this section if the commission determines that the proposed amendment is a minor amendment to the tariff.

 Time schedules

23  (1)  Scheduled bus operators must file with the commission time schedules and amendments that specify arrival and departure times at intermediate points on their routes.

(2)  Time schedules and amendments are effective on the date specified by the commission.

 Notice of discontinuance or reduction of service

24  If a filed time schedule amendment reflects a discontinuance or major reduction in service, the commission may require that notice to the public be provided and may specify the contents of the notice and the place and manner in which the notice must be displayed.

 Time schedules must be readily available to public and passengers

25  Licensees must ensure that scheduled bus time schedules are clear and legible, published in a manner readily accessible to the public and made available to passengers or potential passengers on request.

 Motor carrier inspectors

26  Motor carrier inspectors employed by the Ministry of Transportation are authorized to exercise the powers and perform the duties of a constable or peace officer for the purpose of enforcing the provisions of the Motor Carrier Act and regulations.

 No fee for carriage of peace officers or inspectors

27  A licensee must carry free of charge any on duty

(a) uniformed peace officer authorized to enforce the Motor Carrier Act and regulations, and

(b) inspector of motor carriers employed by or for the commission.

 Retention of records

28  A licensee must

(a) retain business records for 2 years and, on request, produce them for inspection by the commission, and

(b) maintain a daily record of revenue and expense.

 Repair and inspection of vehicles

29  A licensee must ensure that its vehicles

(a) are in clean condition,

(b) are in good interior and exterior repair,

(c) are in a safe operating condition, and

(d) are regularly inspected by a competent inspector or mechanic.

 Operator must report defects to employer

30  An operator employed by a licensee must, at the end of the operator's work day or shift, report to his or her employer, in writing, any defect or deficiency in a licensed vehicle discovered during the work day or shift that would be likely to affect the safe operation of that vehicle.

 Fuelling

31  (1)  The operator of a licensed vehicle must ensure that

(a) the vehicle is not fuelled while the engine is running or in the presence of an open flame, and

(b) while the vehicle is being fuelled, the nozzle of the fuel hose remains in contact with the intake of the fuel tank throughout the fuelling process.

(2)  The licensee must ensure that the opening through which the tank of a passenger vehicle is filled is ventilated and located outside the body of the vehicle.

 Emergency and spare equipment

32  Licensees must furnish their vehicles with emergency equipment, and operators of licensed vehicles must ensure that all such equipment is in place and properly secured.

 Display of carrying capacity

33  (1)  Licensees must ensure that each of their vehicles displays the vehicle's carrying capacity as follows:

(a) a vehicle with a seating capacity of 10 persons or fewer must display within the vehicle, in full view of the passengers, in letters not less than 2 centimetres high, the statement "LICENSED TO CARRY .......... PERSONS AND DRIVER";

(b) unless otherwise ordered by the commission, a vehicle with a seating capacity of more than 10 persons must have displayed on both sides of the vehicle, in letters and figures not less than 5 centimetres high, the name of the licensee and the maximum number of passengers authorized in the licence to be carried.

(2)  In respect of a vehicle described under subsection (1) (b), the abbreviation "MAX. C. CAP. .......... PASS" may be used to show the maximum number of passengers.

 No passenger overloads

34  The driver or operator of a passenger vehicle must refuse additional passengers if the vehicle is filled to capacity.

 Scheduled bus must display destination

35  The licensee of a scheduled bus must ensure that

(a) every scheduled bus having a carrying capacity of more than 10 persons has, while being operated over its route, displayed on the front of the vehicle a sign not less than 7.5 centimetres in height indicating the route on which, or the destination to which, the vehicle is being operated, and

(b) a sign described in subsection (1) is illuminated if the scheduled bus is operating at night.

 Scheduled bus must adhere to time schedule

36  The licensee of a scheduled bus must not permit the licensed vehicle to leave the point or place from which it is scheduled to start until the time fixed in the time schedule, nor to pass any intermediate point before the scheduled time.

 Individual fares — commercial passenger vehicles

37  A licensee or the licensee's agent must not advertise or charge individual fares for the transportation of passengers on a commercial passenger vehicle unless the licensee is expressly authorized to do so in its licence.

 Operator must not be intoxicated on duty or smoke in vehicle

38  The operator of a passenger vehicle must not

(a) ingest, or be under the influence of, any intoxicant or narcotic while on duty, or

(b) smoke any substance in a passenger vehicle in which there is a passenger.

 Safety precautions while vehicle in motion

39  While the passenger vehicle is in motion, the operator of a passenger vehicle must not

(a) collect fares or discharge any passenger, or

(b) engage in unnecessary conversation with a passenger.

 Passenger entry, exit and seating

40  (1)  A passenger must enter and leave a passenger vehicle only from the curb side of the vehicle and only after the vehicle has been brought to a complete stop.

(2)  The operator of a passenger vehicle must not take on or discharge a passenger unless a clear and unobstructed width of at least 3 metres of the traveled portion of the highway is left free for the passage of other vehicles, or the licensed vehicle may be seen clearly from a distance of 61 metres in either direction on the highway on which the vehicle is travelling.

(3)  While the passenger vehicle is in motion, the operator must not permit a passenger

(a) to ride on any part of the vehicle other than the seats provided for passengers, or

(b) to stand, unless the carrying of standing passengers is authorized in the licence and the number of standing passengers does not exceed the number stated in the licence.

(4)  A passenger must not stand in a passenger vehicle in a position that impairs the vision or movement of the driver in any way.

 Driver or operator may refuse to transport

41  (1)  The driver or operator of a passenger vehicle may refuse transportation to persons who are smoking, conducting themselves in a disorderly manner, using profane or offensive language or are acting in such a manner as to be offensive to other passengers.

(2)  If an operator requires a passenger to disembark for the reasons described in subsection (1), the operator must ensure that the passenger is not discharged unless the passenger can disembark safely and in a location where the passenger can be reasonably expected to find alternative transportation.

 Vehicle unable to make or continue trip

42  (1)  If any part of a passenger vehicle becomes so defective that continuing the trip would endanger the safety or comfort of any passenger, the vehicle must be brought to a stop and must not proceed to carry passengers until the defect is remedied or the danger is removed.

(2)  If a passenger vehicle is unable to proceed because of an accident, disablement or breakdown, the licensee must make immediate arrangements so that the passengers who are being carried by the vehicle can be transported to their destination with as little delay as possible.

(3)  If there is an interruption of scheduled service due to the failure or breakdown of a licensed vehicle, the licensee must promptly make arrangements to obtain a substitute vehicle.

 Application form

43  (1)  An application must be signed by the applicant, or, if the applicant is a registered company or a partnership, by an authorized official of the company or by all of the partners in the partnership, as applicable.

(2)  The application showing the original signature must be submitted to the commission at the address specified on the application.

(3)  The commission may refuse any application which is incomplete or illegible or which does not comply with this regulation.

 Additional information

44  The commission may require the applicant to supply additional information respecting an application for a proposed service.

 Who may make an objection

45  (1)  A licensee or any other transport provider who provides a transportation service on the routes or between the places an applicant serves or intends to serve may make an objection to an application based on the grounds stated in section 5 (2) (a) of the Act.

(2)  Any person may make an objection to an application based on the grounds stated in section 5 (2) (b) or (c) of the Act.

 Process of objection

46  (1)  An objector must provide

(a) in writing, the ground of objection on which the objector is relying,

(b) in writing, the reasons for the objection and the arguments that support the objection, and

(c) any evidence that supports the reasons and arguments provided under paragraph (b).

(2)  All objections must be filed

(a) within a time period specified by the commission following publication of the notice of application under section 56, or

(b) within 21 days following publication of the notice of hearing under section 56.

 Pre-hearing disclosure to objector

47  (1)  Subject to subsection (2), prior to publication of a notice of hearing under section 56, a person who filed an objection under section 46 (2) (a) is entitled to disclosure of the application form submitted under section 43.

(2)  The commission may disclose further information in respect of an application to an objector described in subsection (1).

 Security deposit from applicant

48  (1)  If the commission decides that an application requires further investigation by way of a public hearing, the commission must notify the applicant of the requirement for a public hearing.

(2)  The applicant must deposit security for costs of the hearing according to Schedule 2 in the form and by the date directed by the commission.

(3)  After the applicant has deposited a security in accordance with subsection (2), the commission must notify the applicant and any person who filed an objection under section 46 (2) (a) of the date, time and place of the hearing.

(4)  If the applicant fails to deposit the security in accordance with subsection (2), the commission may deem the application to be abandoned.

[am. B.C. Reg. 381/2003, s. 2 (b).]

 Security deposit and disclosure of materials from objector

49  (1)  An objector must, within 21 days following publication of a notice of hearing under section 56, give security for costs according to Schedule 2 in the form determined by the commission.

(2)  An objector must, at least 21 days before the date of the hearing,

(a) provide to the applicant a copy of the objection filed with the commission under section 46,

(b) provide to both the applicant and the commission any further information as described in section 46 (1) that was not initially provided under that section, and

(c) provide to both the applicant and the commission a summary of any evidence or argument that the objector intends to present at the hearing.

(3)  An objector must, at the request of the commission, provide proof of service of the documents required under subsection (2) (a) and (b) to the satisfaction of the commission.

[am. B.C. Reg. 381/2003, s. 2 (c).]

 Applicant's evidence and argument

50  (1)  If requested by the commission, the applicant must provide to the commission a summary of any evidence or argument that the applicant intends to submit at the hearing.

(2)  The commission may set a date by which the information required under subsection (1) is to be disclosed.

(3)  If an applicant fails to comply with subsection (1) within the time set by the commission, the commission may deem the application to be abandoned or may make any other order.

 Pre-hearing conference

51  (1)  The commission may hold a pre-hearing conference.

(2)  The chair of the commission may designate a commissioner or any other person to preside at the pre-hearing conference.

(3)  A person who presides at a pre-hearing conference may

(a) determine the date and time of the pre-hearing conference and the manner in which it is to be conducted,

(b) make orders respecting who should attend the pre-hearing conference,

(c) make orders respecting the conduct of the proceeding,

(d) make orders respecting

(i)  the identification of the issues,

(ii)  the resolution of any or all of the issues,

(iii)  agreed facts or evidence,

(iv)  the estimated duration of the hearing,

(v)  the disclosure of documents and witness lists, in addition to the disclosure requirements under sections 49 and 50, and

(vi)  any other matter that may assist in the just and expeditious disposition of the proceeding,

(e) make orders respecting the dates by which any steps in the proceeding are to be taken or begun, including extending the time for disclosure and for providing proof of service of documents under section 49 (2) or 50 (2), and

(f) make orders consolidating objections and appointing a representative objector if two or more objections are similar in content.

(4)  A person who presides at a pre-hearing conference may also be a panel member in the subsequent hearing.

 What objectors may do

52  Subject to any order made under section 51 (3) (f), an objector who, in the opinion of the commission, meets the requirements of sections 46 and 49, may, at a hearing before the commission,

(a) make submissions,

(b) call witnesses,

(c) submit documentary evidence, and

(d) cross-examine an applicant's witnesses, subject to any limits imposed by the commission.

 What persons may do

53  (1)  At a hearing before the commission, the commission may permit a person to do anything listed in section 52 if, in the opinion of the commission, the person's participation in the hearing is necessary to make a determination on the application.

(2)  If the commission permits a person to participate in a hearing under subsection (1), the commission may require the person to comply with any requirement under section 46 (1) and this Division that an objector would be subject to.

 Costs

54  (1)  In this section, "costs" includes fees, counsel fees, expenses and costs incurred by the commission for the services of consultants and experts engaged in connection with a proceeding.

(2)  The commission may order that costs of the commission incidental to a proceeding before it are to be paid by one or more of the participants in the proceeding in such amounts and proportions as the commission may, in its discretion, determine.

(3)  The commission may order a participant in a proceeding before the commission to pay all or part of the costs of another participant in the proceeding.

(4)  If costs charged to the applicant, an objector or a person in any hearing are less than the amount deposited with the commission as security for costs, the costs must be taken from the deposit and the balance must be returned to the applicant, objector or person, as the case may be.

(5)  If the costs charged to the applicant, an objector or person exceed the sum deposited with the commission as security for costs, the whole of the deposit must be taken as payment on account and the balance must be paid by the applicant, objector or person, as the case may be, within the time ordered by the commission.

 Form of request for reconsideration

55  A request for reconsideration must

(a) be made on a form supplied by the commission and be submitted to the commission at the address indicated on the form,

(b) supply all of the information requested by the commission,

(c) clearly state the grounds under section 54 (1) (a) or (b) of the Act on which the reconsideration will be based,

(d) describe in detail the reasons that support the grounds for reconsideration, and

(e) be accompanied by the applicable fee set out in Schedule 2 as security for costs.

 Publication

56  The commission must publish, electronically or by any other means that is readily accessible to the public, notice of applications, investigation hearings and reconsiderations, and its decisions relating to the granting or refusal of a licence or an alteration to a licence, including licences for additional vehicles.

 Application fee

57  (1)  A person who makes an application must submit with the application the application fee prescribed in Schedule 1.

(2)  The commission may waive or refund an application fee.

 Certificate fee

58  (1)  Each licensee must, for each certificate year, pay the certificate fee.

(2)  The certificate fee is payable in respect of each certificate issued to a licensee.

 Copy fee

59  A person who requests a copy of a document, a licence district map or the certification of any document must pay the applicable fee described in Schedule 1.

 No fee for minor licence alteration

60  (1)  The commission may waive the fee when making minor alterations to a licence, including the correction of errors and the deletion of obsolete authorities, if the privileges offered by the licence remain substantially the same.

(2)  The commission must not charge a fee if a licence is altered by the commission on its own motion.

1  The following fees are payable to the commission:

1  The following security costs are payable to the commission