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| This is part of an archived statute consolidation that is current to August 17, 2004 and includes changes enacted and in force by that date. |
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| SECTION | EFFECTIVE DATE | ||
| title | May 13, 2004 | ||
| 1 | June 21, 2002 | ||
| May 13, 2004 | |||
| 2 | May 13, 2004 | ||
| 3 | May 13, 2004 | ||
| 4 | May 13, 2004 | ||
| 5 | May 13, 2004 | ||
| 6 | April 1, 2004 | ||
| May 13, 2004 | |||
| 6.1 | April 1, 2004 | ||
| May 13, 2004 | |||
| 9 | May 13, 2004 | ||
| 11 | May 13, 2004 | ||
| 13 | May 13, 2004 | ||
| 14 | May 13, 2004 | ||
| 15 | May 13, 2004 | ||
| 16 | May 13, 2004 | ||
| 17 | May 13, 2004 | ||
| 20 | May 13, 2004 | ||
| 21 | May 13, 2004 | ||
| 23 | May 13, 2004 | ||
| 24 | May 13, 2004 | ||
| 25 | May 13, 2004 | ||
| 26 | May 13, 2004 | ||
| 27 | May 13, 2004 | ||
| 28 | May 13, 2004 | ||
| 29 | May 13, 2004 | ||
Title BEFORE amended by 2004-37-1 effective May 13, 2004 (Royal Assent).
Section 1 definition of "motor vehicle" BEFORE amended by 2000-16-6 effective June 21, 2002 (BC Reg 150/02).
"motor vehicle" includes all vehicles propelled other than by muscular power, except the cars of electric and steam railways and other motor vehicles running only on rails or tracks;
Section 1 definition "highway" was added by 2004-37-2(a) effective May 13, 2004 (Royal Assent).
Section 1 definition "company" BEFORE substituted by 2004-37-2(b) effective May 13, 2004 (Royal Assent).
“company” means a natural person, a partnership of persons having a joint or common interest or a corporation which constructs, owns or operates an industrial road;
Section 1 definition "industrial road" BEFORE substituted by 2004-37-2(b) effective May 13, 2004 (Royal Assent).
“industrial road” means a road constructed or existing for transportation by motor vehicle of
(a) natural resources, raw or manufactured, or
(b) machinery, materials or personnel,
and includes all bridges, wharves, log dumps and works forming a part of the road, but does not include
(c) a public road, street, lane or other public communication,
(d) a privately owned road used by a farmer or resident for the person's own purposes,
(e) a road used exclusively for the construction and maintenance of electric power lines, telephone lines or pipe lines, or
(f) roads and yards within manufacturing plants, industrial sites, storage yards, airports and construction sites; tote roads, cat roads and access roads;
Section 1 definitions "minister" and "ministry" BEFORE repealed by 2004-37-2(c) effective May 13, 2004 (Royal Assent).
“minister” includes a person designated in writing by the minister;
“ministry” means the Ministry of Transportation and Highways;
Section 1 definition "motor vehicle" BEFORE amended by 2004-37-2(d) effective May 13, 2004 (Royal Assent).
“motor vehicle” includes all vehicles propelled other than by muscular power, but does not include
(a) the cars of electric and steam railways,
(b) other motor vehicles running only on rails or tracks, or
(c) motor assisted cycles within the meaning of the Motor Vehicle Act;
Section 1 definition "road" BEFORE amended by 2004-37-2(e) effective May 13, 2004 (Royal Assent).
“road” means a graded strip of ground, appropriated for travel by motor vehicle, which is not on the right of way of a public highway;
Section 2 BEFORE repealed by 2004-37-3 effective May 13, 2004 (Royal Assent).
2 This Act is administered by the minister, subject to the control and direction of the Lieutenant Governor in Council.
Section 3 BEFORE repealed by 2004-37-3 effective May 13, 2004 (Royal Assent).
3 A company must not operate an industrial road except in accordance with the regulations under this Act.
Section 4 BEFORE amended by 2004-37-4 effective May 13, 2004 (Royal Assent).
4 Unless authorized by the minister, a company must not locate or construct its proposed industrial road so as to obstruct, interfere with, or injuriously affect the working of or the access or entrance to any mine then open, or for the opening of which preparations are being lawfully and openly made.
Section 5 BEFORE re-enacted by 2004-37-5 effective May 13, 2004 (Royal Assent).
5 (1) The industrial road of a company must not cross or join, or be crossed or joined, by a public road or highway until the minister gives permission.
(2) On application for permission, the applicant must
(a) submit to the minister a plan and profile of the crossing or junction, and other plans, drawings and specifications the minister may require, and
(b) obtain the consent of the minister to the proposed crossing or junction.
(3) The minister may, by certificate, do one or more of the following:
(a) grant an application on terms as to public protection and safety the minister considers expedient;
(b) change the plan and profile, drawings and specifications submitted, and fix the place and mode of crossing or junction;
(c) direct that the industrial road be carried over or under the public highway;
(d) direct that
(i) the works, structure, equipment, appliances and materials be constructed, provided, installed, maintained, used or operated,
(ii) guards or other persons be employed, and
(iii) measures be taken,
as appear to the minister best adapted to remove and prevent all danger of accident, injury or damage;
(e) direct that stop signs and other warning signs and devices the minister considers expedient be placed on the industrial road;
(f) require that detail plans, drawings and specifications of existing highway crossings and junctions be submitted to the minister for approval.
(4) A person must not operate a motor vehicle on a highway crossing or junction until the minister grants an order authorizing the operation.
(5) The minister may not grant an order until satisfied that the orders and directions in the certificate have been carried out and this section complied with.
Section 6 BEFORE re-enacted by 2004-8-25 effective April 1, 2004.
6 (1) Part 15 of the Railway Act applies for the crossing of a railway by an industrial road or vice versa, and the word "highway" in that Part means "industrial road".
(2) Part 16 of the Railway Act applies and the word "railway" in that Part means "industrial road".
(3) Part 17 of the Railway Act applies to an industrial road, and the word "railway" in that Part means "industrial road".
Section 6 BEFORE repealed by 2004-37-5 effective May 13, 2004 (Royal Assent).
6 (1) Lines or wires for telegraphs, telephones or the conveyance of current to provide light, heat, power or electricity must not be erected, placed or maintained across an industrial road without permission from the minister.
(2) On any application for permission, the applicant must submit to the minister a plan and profile of the part of the industrial road proposed to be affected, showing the proposed location of the lines and wires and the works contemplated in connection with them.
(3) The minister may grant the application, and may order by whom, how, when and on what terms and conditions and under what supervision the work must be executed.
(4) On the order being made, the lines and wires may be erected, placed and maintained across the industrial road subject to and in accordance with the order.
(5) An order of the minister is not required if wires or other conductors for the transmission of electrical energy are to be erected or maintained over or under an industrial road, or over or under wires or other conductors for the transmission of electrical energy with the consent of the company or the person owning or controlling the last mentioned wires or conductors, in accordance with any general regulations or the code or with any plans or specifications adopted or approved by the minister for those purposes.
Section 6.1 was added by 2004-8-25 effective April 1, 2004.
Section 6.1(1) BEFORE amended by 2004-37-4 effective May 13, 2004 (Royal Assent).
(1) In constructing an industrial road, a company must make and maintain suitable ditches and drains along each side of and across and under the industrial road to connect with ditches, drains, drainage works and watercourses on the land through which the industrial road runs, so as to provide sufficient outlet to drain and carry off the water, and so that the then natural, artificial or existing drainage of that land is not obstructed or impeded by the industrial road.
Section 6.1(2) BEFORE amended by 2004-37-6 effective May 13, 2004 (Royal Assent).
(2) If
(a) any land is injuriously affected because of the drainage on, along, across or under the industrial road being insufficient to drain and carry off the water from the land, or
(b) a municipality or land owner or occupant of land wants to obtain means of drainage, or the right to lay water pipes or other pipes, whether for drainage purposes or for purposes of transportation of gas or oil or any other substance or material, temporarily or permanently, through, along, on, across or under the industrial road or any works or land of the company,
the minister may, on the application or complaint of the municipality or land owner or occupant of land, by certificate, order the company to construct the drainage or lay the pipes.
Section 9 BEFORE amended by 2004-37-4 effective May 13, 2004 (Royal Assent).
9 If ordered by the minister, a company abandoning an industrial road must remove every bridge, structure or other thing that in the opinion of the minister is likely to menace public safety, create a fire hazard or obstruct a stream.
Section 11(1) BEFORE amended by 2004-37-4 effective May 13, 2004 (Royal Assent).
(1) On receiving a report of the inspecting engineer, the minister may, by a certificate, order repairs, renewal, reconstruction, alteration or new work, materials or equipment to be made, done or provided by a company on, in addition to or substitution for a portion of an industrial road that may from the report appear to the minister necessary or proper.
Section 13 BEFORE repealed by 2004-37-7 effective May 13, 2004 (Royal Assent).
13 (1) Motor vehicles used on an industrial road and equipped to haul trailers and semitrailers, as well as all trailers hauled or intended to be hauled, must be equipped and maintained with air brakes or a type of power brake approved by the minister in the regulations under this Act.
(2) Trailers, semitrailers and motor vehicles other than logging trucks, that are licensed under the Commercial Transport Act and that comply with the Motor Vehicle Act, are not subject to subsection (1) as long as they are not principally used on industrial roads.
Section 14 BEFORE repealed by 2004-37-7 effective May 13, 2004 (Royal Assent).
14 The minister may direct that a safety appliance considered expedient for the safety of workers be installed and maintained on an industrial road or motor vehicle used on the industrial road.
Section 15 BEFORE repealed by 2004-37-7 effective May 13, 2004 (Royal Assent).
15 Motor vehicles operating on an industrial road during darkness must be equipped with headlights, tail lights, stoplights and clearance lights in accordance with the regulations.
Section 16 BEFORE amended by 2004-37-4 effective May 13, 2004 (Royal Assent).
Subject to this Act and the Forest Act, a company may make regulations in respect of one or more of the following:
Section 16(e) BEFORE amended by 2004-37-6 effective May 13, 2004 (Royal Assent).
(e) special rules of the road required by the company in the operation of the company's industrial road;
Section 16 BEFORE amended by 2004-37-8 effective May 13, 2004 (Royal Assent).
16 Subject to this Act and the Forest Act, an industrial road administrator may make regulations in respect of one or more of the following:
(a) the mode by which and the speed at which a vehicle operating on the company's industrial road may be moved;
(b) weights vehicles may carry on the company's industrial roads;
(c) the overall width, size and weight of vehicles used on the company's roads;
(d) travelling on or using of the company's road;
(e) special rules of the road required by the industrial road administrator in the operation of the company's industrial road;
(f) blocking of traffic on the company's road;
(g) placing of stop signs if necessary;
(h) carriage of freight on the company's road;
(i) carriage of passengers on the company's road;
(j) governing of vehicles other than the company's own vehicles using the company's road;
(k) governing of all traffic on the company's road.
Section 17 BEFORE amended by 2004-37-6 effective May 13, 2004 (Royal Assent).
17 All regulations, whether made by the directors or the company, must be in writing, signed by the chair or person presiding at the meeting at which they are adopted, and bear the common seal of the company.
Section 20 BEFORE amended by 2004-37-6 effective May 13, 2004 (Royal Assent).
20 A printed copy of as much of a regulation as relates to the conduct of or affects the officers or employees of the company must be given to every officer and employee of the company affected.
Section 21 BEFORE amended by 2004-37-6 effective May 13, 2004 (Royal Assent).
21 If the violation or nonobservance of a regulation is attended with danger or annoyance to the public, or hindrance to the company in the lawful use of the road, the company may summarily interfere, using reasonable force, if necessary, to prevent the violation or to enforce observance, without prejudice to any penalty incurred for the violation or nonobservance.
Section 23 BEFORE amended by 2004-37-6 and 9 effective May 13, 2004 (Royal Assent).
23 A company must ensure that every bus or crew car used by the company to transport its employees comes to a complete stop before the vehicle crosses a railway.
Section 24(2) BEFORE amended by 2004-37-4 and 6 effective May 13, 2004 (Royal Assent).
(2) No inspection under this Act, nothing in this Act and nothing done or ordered or omitted to be done or ordered, under or by virtue of this Act, relieves a company of or from or diminishes or affects any liability or responsibility resting on it, either toward Her Majesty or toward a person, or the wife or husband, parent or child, executor or administrator, heir or personal representative, of a person, for anything done or omitted to be done by the company, or for a wrongful act, neglect or default, misfeasance, malfeasance or nonfeasance of the company.
Section 25 BEFORE re-enacted by 2004-37-10 effective May 13, 2004 (Royal Assent).
25 (1) A person must not drive a motor vehicle that is equipped with air brakes on an industrial road unless the person holds one or more of the following:
(a) a valid certificate of competency as an operator of air brake equipped vehicles issued under the regulations made under this Act, except as otherwise provided by regulation;
(b) a temporary permit to operate air brake equipped vehicles issued by the ministry;
(c) a valid and subsisting driver's licence issued under the Motor Vehicle Act of a class appropriate to the category of motor vehicle driven or operated by the person, if the motor vehicle is a scheduled bus as defined in the Motor Carrier Act;
(d) a valid and subsisting driver's licence issued under the Motor Vehicle Act of a class appropriate to the category of motor vehicle driven or operated by the person and the motor vehicle is licensed under the Commercial Transport Act and is in compliance with the Motor Vehicle Act.
(2) A person must not drive a motor vehicle that is not equipped with air brakes on an industrial road unless the person holds one of more of the following:
(a) a valid and subsisting driver's licence issued under the Motor Vehicle Act of a class appropriate to the category of motor vehicle driven or operated by the person;
(b) a certificate of competency as an operator of motor vehicles issued under a regulation under this Act;
(c) a temporary permit to operate motor vehicles issued by the ministry.
Section 26 BEFORE repealed by 2004-37-10 effective May 13, 2004 (Royal Assent).
26 (1) As soon as possible, and immediately after the head officers of a company receive information of an accident involving personal injury to a person using a road belonging to the company, the company must give notice and full particulars to the minister.
(2) The minister may declare
(a) the manner in which the information and notice must be given,
(b) the class of accidents to which this section applies, and
(c) that any information so given is privileged.
Section 27 BEFORE repealed by 2004-37-10 effective May 13, 2004 (Royal Assent).
27 (1) The minister may appoint a person to inquire into
(a) all matters the minister considers likely to cause or prevent accidents, and
(b) the causes of and the circumstances connected with an accident or casualty to life or property occurring on an industrial road and all particulars relating to it.
(2) The person appointed must report the findings of the inquiry in writing to the minister.
(3) On receipt of the report the minister may recommend that a company
(a) suspend or dismiss an employee who appears by the report to have been negligent or wilful in the circumstances of the matter inquired into, or
(b) transfer an employee from the employee's regular occupation if medical examination of the employee shows the employee to be physically unfit for the employee's regular occupation and that the physical unfitness has contributed to the occurrence of the matter inquired into.
(4) Nothing in this section prevents an employee or the employee's representative from making representations to the person appointed to conduct an inquiry.
Section 28 BEFORE re-enacted by 2004-37-11 effective May 13, 2004 (Royal Assent).
28 With the approval of the Lieutenant Governor in Council, the minister may make regulations referred to in section 41 of the Interpretation Act, including regulations:
(a) for the examination and certification of drivers and operators;
(b) governing traffic;
(c) for the approval of safety appliances used on motor vehicles;
(d) setting fees paid for matters transacted by companies with the ministry;
(e) setting and imposing fees to be paid by a company to cover the cost of inspections of industrial roads by an inspecting engineer.
Section 29 BEFORE re-enacted by 2004-37-11 effective May 13, 2004 (Royal Assent).
29 (1) A person who trespasses on the yard or road of a company commits an offence and is liable on conviction to a penalty not exceeding $10.
(2) Subsection (1) does not apply to that part of the road of a company that is laid along, on, or across a highway or has been openly accepted for use by the public for a continuous period exceeding one year.
(3) A person or company contravening this Act or a regulation under this Act is liable on conviction to a penalty of not more than $300.
Copyright (c) 2004: Queen’s Printer, Victoria, British Columbia, Canada