Motor Carrier Act

This is part of an archived statute consolidation that is current to May 14, 2001 and includes changes enacted and in force by that date.

"Point in Time" Act Content

MOTOR CARRIER ACT
[RSBC 1996] CHAPTER 315

NOTE:

Links below go to act content as it was prior to the changes made on the effective date.

SECTION

EFFECTIVE DATE

54.1, 54.2, 54.3

Section 1 BEFORE changes were made by 2000-10-1 effective September 15, 2000 (BC Reg 310/00).

Definitions

"arterial highway" means an arterial highway as classified under the Highway Act;

"compensation" includes any rate, remuneration or reward of any kind paid, payable or promised, or received or demanded, directly or indirectly;

"highway" includes all public streets, roads, ways, trails, lanes, bridges, trestles, ferry landings and approaches, and any other public way;

"limited passenger vehicle" means a motor vehicle, other than a scheduled bus, whether available or not for use by the public, that is operated at any time on a highway by, for or on behalf of any person who charges or collects compensation for the transportation of passengers in or on the motor vehicle, but does not include a taxi operating exclusively in one municipality;

"motor carrier" means a person who operates a scheduled bus or a limited passenger vehicle, and includes a person who is the holder of a licence;

"motor vehicle" means a vehicle propelled otherwise than by muscular power, excepting airplanes and the cars of electric and steam railways and other vehicles running only on rails or tracks, and includes any attached trailer;

"motor vehicle liability policy" means a certificate of insurance issued by the Insurance Corporation of British Columbia in the form, and providing insurance against perils and for amounts, as prescribed by the Insurance (Motor Vehicle) Act and the regulations under that Act;

"motor vehicle related Criminal Code offence" has the same meaning as in the Motor Vehicle Act;

"operate", in respect of a motor vehicle, includes the driving or managing of the motor vehicle;

"passenger freight" means the personal baggage and goods belonging to a passenger;

"Provincial police force" means the Royal Canadian Mounted Police during that time that police duties are carried out for the government by the Royal Canadian Mounted Police;

"rate" includes any toll, rate, fare, charge, rental or other compensation charged or made by a motor carrier, or by any person on his or her behalf or with his or her consent or authority, in connection with the carriage and transportation of passengers, or the carriage, shipment, transportation, care, handling or delivery of goods, or for any service incidental to the business of the motor carrier and includes any general, individual or joint toll, rate, fare, charge, rental or other compensation of any motor carrier, and any rule, practice, classification or contract of the motor carrier relating to it, and any schedule or tariff of it;

"regular route" and "fixed terminating points" mean respectively the route over which and the points between which a motor vehicle is usually operated and, when operated under a licence, is authorized to be operated;

(b) is operated at any time on a highway over a regular route or between fixed terminating points and on a regular time schedule by, for or on behalf of any person who charges or collects compensation for the transportation of passengers in or on the motor vehicle;

"service" includes the use and accommodation afforded by, and the equipment, property and facilities employed by, any motor carrier in connection with the operation of a motor vehicle as a scheduled bus or a limited passenger vehicle;

"superintendent" means the Superintendent of Motor Carriers and includes a person to whom the superintendent delegates his or her powers and duties;

"taxi" means a motor vehicle that is designed to carry not more than 10 persons and that, with its driver, is operated for hire, and includes a limousine;

"trailer" means any vehicle that is attached to a motor vehicle to be drawn or propelled by the motor vehicle;

Section 3 BEFORE changes were made by 2000-10-2 effective September 15, 2000 (BC Reg 310/00).

Operating requirements

3 Except as exempted under this Act, a person must not operate on a highway a motor vehicle as a scheduled bus or a limited passenger vehicle unless

(a) the person, or the person for whom or on whose behalf the motor vehicle is operated, holds a licence,

(b) a certificate and any other prescribed documents are carried in the motor vehicle in the prescribed manner,

(d) proof of financial responsibility has been given to the Insurance Corporation of British Columbia under section 106 of the Motor Vehicle Act, or a motor vehicle liability policy has been issued in respect of the motor vehicle, and

Section 5(4) BEFORE changes were made by 2000-10-2 effective September 15, 2000 (BC Reg 310/00).

(4) A panel of the commission has the power to determine as a question of fact whether any motor vehicle is being or is to be operated as a scheduled bus or limited passenger vehicle.

Section 15(2) BEFORE changes were made by 2000-10-2 effective September 15, 2000 (BC Reg 310/00).

(2) Despite any Act, a person who operates a scheduled bus or limited passenger vehicle in a municipality on arterial highways only is not required to hold a licence in respect of that vehicle under a bylaw of the municipality if the person holds a licence under this Act and the vehicle is operated in the municipality in accordance with the licence under this Act.

Section 20(1) BEFORE changes were made by 2000-10-2 effective September 15, 2000 (BC Reg 310/00).

20 (1) If on a highway at a grade crossing of an intersecting railway there is a sign displaying the word "stop", either alone or accompanied by other words, the driver of a motor vehicle operated as a scheduled bus or limited passenger vehicle on that highway must, before proceeding to cross the railway and while at a distance of not more than 6 m from it, bring the motor vehicle to a full stop.

Section 21(1) BEFORE changes were made by 2000-10-2 effective September 15, 2000 (BC Reg 310/00).

21 (1) This Part applies to a motor carrier operating a scheduled bus or limited passenger vehicle and to an applicant for a licence authorizing the operation of a scheduled bus or limited passenger vehicle.

Section 33 BEFORE changes were made by 2000-10-3 effective March 1, 2001 (BC Reg 250/01).

Organization into panels

33 (1) The chair may organize the commission into panels, each comprised of one or more members.

(2) Despite subsection (1), the chair may not organize the commission into panels for the purposes of section 54.

(3) The members of the commission may sit as a commission or as a panel of the commission.

(b) the panel has all the jurisdiction of, and may exercise and perform the powers and duties of, the commission, and

Section 34 BEFORE changes were made by 2000-10-4 effective March 1, 2001 (BC Reg 250/01).

Reconsideration panel

34 (1) The Lieutenant Governor in Council may appoint 3 or more members of the commission as a reconsideration panel for the purposes of section 54.

(2) Despite any other provision of this Act, a person or panel appointed under subsection (1) has jurisdiction only respecting reconsiderations under section 54.

Section 39(4) BEFORE changes were made by 2000-10-5 effective March 1, 2001 (BC Reg 250/01).

(4) Without limiting subsection (1) or (2), the commission may make regulations and orders governing the following:

(a) the procedure on all applications, proceedings and matters coming before the commission;

(b) the classification of motor carriers and of motor vehicles operated by motor carriers;

(c) the maximum number of passengers or the maximum weight of passenger freight, or both, that may be carried by scheduled buses and limited passenger vehicles;

(d) the classification and form of licences, the terms on which and the manner in which they must be issued and renewed, the conditions and restrictions to which they are subject, and the issue of duplicates of such licences in the event of loss or destruction of the originals;

(f) the form of certificates, the manner in which certificates are to be carried and the issue to licensees of additional certificates;

(h) the conditions to be contained in and to become part of all agreements entered into by licensees in respect of their services or in respect of any class of service;

(i) the safety, protection, comfort and convenience of the persons availing themselves of the services of motor carriers;

(k) the obligations of motor carriers to the public in respect of the acceptance and carriage of passengers;

(m) the financial responsibility of motor carriers which may be in addition to any motor vehicle liability policy or financial responsibility required under the Motor Vehicle Act or the regulations under that Act;

(p) the rates to be charged by motor carriers and their publication and the prohibition of the carrying of passengers on licensed vehicles without charge;

(q) the hours of work of drivers of motor vehicles operated as scheduled buses or limited passenger vehicles;

(r) the inspection of scheduled buses and limited passenger vehicles, and of their operation;

(w) methods of accounting and the keeping of records of the operations of motor carriers;

(x) the providing to the commission by motor carriers of reports of finances, accidents and operations generally;

(y) temporary permits authorizing seasonal or emergency or occasional operation of motor vehicles as scheduled buses or limited passenger vehicles;

(z) solicitation of business by or on behalf of motor carriers by advertising or otherwise.

Section 54 BEFORE changes were made by 2000-10-1 effective March 1, 2001 (BC Reg 250/01).

Reconsideration of decisions

54 (1) On application by a person aggrieved by any of the decisions described in subsection (2), a panel of the commission consisting of 3 or more members may grant leave to that person to apply for reconsideration of that decision, if the person satisfies the panel of the commission that

(a) evidence not available at the time of the original decision has become available, or

(b) there are probable grounds to believe that the decision is inconsistent with the principles expressed or implied in this Act or the regulations.

(2) The following are the decisions that may be the subject of an application under subsection (1) to a panel of the commission:

(a) the granting of all or part of a licence or the refusal to grant all or part of a licence;

(e) the determination of an application by or on behalf of any person complaining as set out in section 42.

(3) Leave to apply for reconsideration of any decision referred to in subsection (2) may be granted only once.

(4) An application under subsection (1) must be made within 30 days after the date of the decision that is the subject of the application.

(5) If an application for leave is made under subsection (1), another person affected by the decision that is the subject of that application may apply for leave under subsection (1) by the later of

(a) 30 days after the date of the decision that is the subject of the application, or

(b) 5 days after that person receives notice of the application by the aggrieved person referred to in subsection (1).

(6) On a reconsideration under this section, the panel of the commission may confirm, reverse, alter or vary the decision that is the subject of the application for reconsideration or make any other order as to the commission seems just.

(7) An application under this section must be made in accordance with the regulations.

(8) Except as provided in this section, the provisions of the Utilities Commission Act as to appeals on questions of jurisdiction and law apply to regulations, orders and decisions made by the commission under this Act.

(9) Despite section 43, a finding or determination of a panel whose decision is the subject of a reconsideration under this section on a question of fact does not bind the panel of the commission that reconsiders the decision.

(10) If a notice of intention to appeal was given under this section before July 15, 1994, and the appeal was not heard by the Lieutenant Governor in Council before that date,

(b) the notice of intention to appeal is deemed to be an application for reconsideration under subsection (1) of this section, and

(c) despite subsections (1) and (2) of this section, the reconsideration panel has jurisdiction under this section to deal with the subject matter of the application.

Sections 54.1, 54.2 and 54.3 were added by 2001-10-7 effective March 1, 2001 (BC Reg 25/01).

Section 63 BEFORE changes were made by 2000-10-2 effective September 15, 2000 (BC Reg 310/00).

Soliciting of business by unlicensed persons

63 (1) A person other than the holder of a licence for the operation of a scheduled bus or limited passenger vehicle, or his or her agent authorized in writing, must not, without the consent of the commission,

(a) sell or offer to sell transportation of persons or tickets for transportation,

(c) operate, control or manage a travel bureau or place for the sale of tickets or for soliciting or advertising the transportation of passengers,

if that transportation is in British Columbia and is to be in whole or in part by means of a motor vehicle.

(2) A person who has the control or management of a newspaper must not permit to be published in that newspaper any advertisement soliciting or requesting the transportation of passengers by motor vehicle for compensation, unless the transportation is to be by means of a scheduled bus or limited passenger vehicle that is either exempted from the licensing provisions of this Act or is operated by the holder of a licence.

"Point in Time" Act Content