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[Current to B.C. Regulations Bulletin
RAILWAY ACT — Continued
[RSBC 1996] CHAPTER 395
167 (1) A company must, as prescribed or as specified in the code, provide and cause to be used in its operations modern, reliable and efficient apparatus and appliances, and the means and procedures for the safe control of trains and equipment, unless permission has been otherwise obtained from the minister.
(2) All locomotives, rolling stock and other equipment must be equipped with the safety appliances prescribed or specified in the code unless permission has been otherwise obtained from the minister.
168 The minister may, by certificate, on receipt of an application from a company for certification of compliance with the requirements of section 167, order that any apparatus or appliance specified in the order, when used on the train in the manner and under circumstances specified in the certificate, is deemed to be sufficient compliance with the provisions of section 167.
169 The minister may, by certificate, provide for uniformity in the construction of rolling stock to be used on the railway, and for uniformity of rules for the operation and running of trains.
170 The minister may, by certificate, make regulations as follows:
(a) designating the number of persons to be employed on trains;
(b) providing that coal instead of wood must be used on all locomotives in any district;
(c) providing that oil instead of coal or wood must be used on all locomotives on any railway or portion or division of any railway;
(d) generally providing for the protection of property, and the protection, safety, accommodation and comfort of the public, and of the employees of the company, in the running and operating of trains by the company.
171 and 172 [Repealed 2003-45-22.]
173 A passenger train must not have a freight car, merchandise car or lumber car in the rear of a passenger car in which any passenger is carried.
174 (1) When a railway passes over navigable water or a canal by means of a draw or swing bridge which is subject to be opened for navigation, every train, before coming on or crossing over the bridge, must be brought to a full stop and must not proceed until a proper signal has been given for that purpose.
(2) If there is in use on a railway at a bridge referred to in subsection (1) an interlocking switch and signal system or other device which, in the opinion of the minister, makes it safe to permit engines and trains to pass over the bridge without being brought to a stop, the minister may, by certificate, permit engines and trains to pass over the bridge without stopping, under the rules as to speed and other matters the minister considers proper.
175 (1) When any train is approaching a highway crossing at rail level, the engine whistle must be sounded at least 20 seconds before reaching the crossing, and the bell must be rung continuously from the time of the sounding of the whistle until the engine has crossed the highway.
(2) If a bylaw of an urban municipality prohibits the sounding of a whistle or ringing of a bell in respect of a crossing or crossings within the limits of the municipality, the bylaw, if approved by the minister by certificate, relieves the company and its employees, to the extent of the prohibition, from the duty imposed by this section.
(3) If an application has been made to the minister under subsection (2) for the approval of the prohibition of whistling or ringing of the bell as required under subsection (1), the cost of additional protective safety measures at the crossing or crossings considered necessary by the minister for the protection and safety of the public must be borne by the applicant.
(4) In subsection (2), "urban municipality" means any of the following:
(a) a city;
(b) a town;
(c) any other municipality which contains a heavily populated area and which the minister, on the application of that municipality, declares to be an urban municipality within the meaning of subsection (2).
176 (1) A train must not pass in or through any heavily populated area of any city, town or village at a speed greater than 10 miles an hour unless
(a) the track is fenced or properly protected in the manner prescribed by this Act, or
(b) the minister, by certificate, gives permission to exceed a speed of 10 miles per hour.
(2) The minister, by certificate, may limit the speed in any case to a rate that the minister considers expedient.
(3) A train must not enter, at a speed greater than 10 miles per hour, a highway or access crossing at rail level unless
(a) the crossing is constructed, maintained and protected in accordance with orders and directions specifically issued by the minister with respect to the crossing, or
(b) the minister gives permission to enter the crossing at a speed greater than 10 miles an hour.
(4) If a person or vehicle using, or an animal being ridden or driven over, a highway or access crossing at rail level is struck by a moving train with resulting injury or death to any person, a train must not after that injury or death enter the crossing at a speed greater than 10 miles per hour unless the crossing is protected to the satisfaction of the minister.
177 If in a city, town or village a train is passing over or along a highway at rail level and is not headed by an engine moving forward in the ordinary manner, the company must station on that part of the train, or of the tender if that is in front, which is then foremost, a person who must warn persons standing on or crossing, or about to cross, the track of the railway.
178 (1) An engine, train or electric car must not pass over a crossing where 2 lines of railway or the main tracks of any branch lines cross each other at rail level, whether they are owned by different companies or the same company, until a proper signal has been received by the conductor or engineer in charge of the train or engine from a crossing tender or other competent person in charge of the crossing indicating that the way is clear.
(2) In the case of an electric car crossing a railway track at rail level, if there is no crossing tender or other competent person in charge of the crossing, it is the duty of the conductor, before crossing and before giving the signal to the motor operator that the way is clear and to proceed, to go forward and see that the track is clear.
179 (1) An engine, train or electric car, before it passes over a crossing referred to in section 178, must be brought to a full stop.
(2) If there is in use at a crossing referred to in section 178 an interlocking switch and signal system or other device which, in the opinion of the minister, makes it safe to permit engines and trains or electric cars to pass over the crossing without being brought to a stop, the minister may, by certificate, permit engines and trains and cars to pass over the crossing without stopping, under rules as to speed and other matters the minister considers proper.
180 If a railway crosses a highway at rail level, the company must not, and its officers, agents or employees must not, willfully permit an engine, tender or car to stand on any part of the highway for a longer period than 5 minutes at one time, or, when shunting, to obstruct public traffic for a longer period than 5 minutes at one time, or, in the opinion of the minister, unnecessarily interfere with it.
181 and 182 [Repealed 2003-45-22.]
183 A person injured while on the platform of a car or on a baggage car or freight car in violation of the printed regulations posted at the time has no claim in respect of the injury if room inside the passenger cars sufficient for the proper accommodation of passengers was available at the time.
184 [Repealed 2003-45-22.]
185 (1) A conductor or other person in charge of a train owned or operated by a company on any railway which is operated exclusively as a logging railway or in connection with mines is not under any obligation to any person other than the company operating the train to receive or carry any passenger, baggage or goods in or on the train.
(2) A conductor or other person in charge of a train described in subsection (1), and the company owning or operating the train, is not liable in damages or in any other way for refusal to receive or carry the passenger, baggage or goods.
(3) A company owning or operating a railway described in subsection (1) may receive and carry passengers, baggage and goods, if
(a) cars suitable for the purpose are used, and
(b) the cars have first been inspected by an inspecting engineer of the ministry and approved by the minister.
(4) For the purposes of subsection (3), if the company makes no charge and collects no tolls for the carriage of passengers, baggage or goods,
(a) the company is not liable for any damages arising out of the carriage of the persons, baggage or goods,
(b) the company is not deemed to be a common carrier in respect of them,
(c) every passenger so carried is carried at the passenger's own risk, and
(d) all baggage or goods so carried are carried at the risk of the owner.
(5) If it is shown to the satisfaction of the minister that the use of a railway described in subsection (1) for the carriage of passengers and goods is necessary or desirable in order to facilitate development of the natural resources of British Columbia, the minister may grant a permit in writing to the company owning or operating the railway, authorizing the company to receive and carry passengers and goods under this subsection and subsections (6) to (9).
(6) A company to which a permit is granted under subsection (5) may enter into a contract with any person for the carriage on its railway of that person as a passenger, or with any person for the carriage on its railway of goods owned by the person, if
(a) cars and equipment suitable for the purpose are used, and
(b) the cars and equipment have first been inspected by the inspecting engineer of the ministry and approved by the minister.
(7) A contract entered into for the purposes of subsection (6) may
(a) provide for the charging and collection of tolls for the carriage of the passenger or goods,
(b) limit the liability of the company, its servants or agents, or exempt the company, its servants or agents, from any liability otherwise existing under this or any other Act or at common law, for any damage arising out of the carriage of the passenger or goods under the contract, and
(c) contain further reasonable terms and conditions the minister may approve.
(8) No contract has effect or is deemed sufficient for the purposes of subsections (5) to (9) unless it is
(a) signed by the person who is carried as a passenger, or by the person whose goods are carried, or by the agent in that behalf of the owner of the goods, and
(b) written or printed in a form and manner approved by the minister as suitable for bringing its material terms to the attention of the person signing it.
(9) The minister may, at any time by notice in writing to the company, revoke any permit granted to the company under subsection (5).
(10) Sections 186, 187, 198, 204, 205 and 225 do not apply to a railway that carries passengers or goods under a permit granted under subsection (5).
Part 25 — Accommodation for Traffic
186 (1) A company must, according to its powers, do the following:
(a) furnish, at the place of starting, and at the junction of the railway with other railways, and at all stopping places established for the purpose, adequate and suitable accommodation for the receiving and loading of all traffic offered for carriage on the railway;
(b) furnish adequate and suitable accommodation for the carrying, unloading and delivery of the traffic;
(c) without delay, and with care and diligence, receive, carry and deliver the traffic;
(d) furnish and use all proper appliances, accommodation and means necessary for receiving, loading, carrying, unloading and delivering the traffic.
(2) The accommodation must include reasonable facilities for the junction of private siding or private branch railways with any railway belonging to or worked by the company, and reasonable facilities for receiving, forwarding and delivering traffic on and from those sidings or private branch railways, together with the placing of cars and moving them on and from the private sidings and private branch railways.
(3) If in any case the accommodation is not, in the opinion of the minister, furnished by the company, the minister may, by certificate,
(a) order the company to furnish the accommodation within the time or during the period the minister considers expedient, having regard to all proper interests, or
(b) prohibit or limit the use, either generally or on any specified railway or part of it, of any engines, locomotives, cars, rolling stock, apparatus, machinery or devices, or any class or kind of them, not equipped as required by this Act or by any certificate of the minister.
(4) The traffic must be taken, carried to and from and delivered at the places mentioned on the payment of the toll lawfully payable.
(5) If a company's railway crosses or joins or approaches, in the opinion of the minister, sufficiently near to any other railway on which passengers or mails are transported, the minister may, by the certificate, order the company
(a) to regulate the running of its trains carrying passengers or mails, and the places and times of stopping them, so as to provide reasonable opportunity for the transfer of passengers and mails between its railway and the other railway, and
(b) to furnish reasonable facilities and accommodation for that purpose.
(6) For the purposes of this section, the minister may, by certificate, order that
(a) specific works be constructed or carried out,
(b) property be acquired,
(c) [Repealed 2003-45-24.]
(d) cars, motive power or other equipment be allotted, distributed, used or moved as specified by the minister, or
(e) any specified steps, systems or methods be taken or followed by any particular company or companies, or by railway companies generally.
(7) A person aggrieved by any neglect or refusal of the company to comply with the requirements of this section has a right of action for it against the company, from which action the company is not relieved by any notice.
(8) The minister may, by certificate, make regulations, applying generally or to any particular railway or any portion of it, imposing charges for default or delay by any company in furnishing accommodation, appliances or means as mentioned, or in receiving, loading, carrying, unloading or delivering traffic.
(9) The minister may enforce payment of the charges by the company to any person injuriously affected by the default or delay, and any amount received by any person must be deducted from the damages recoverable or recovered by the person for the default or delay.
(10) The minister may, by certificate, determine what circumstances exempt any company from payment of the charges.
187 (1) If a line of one railway joins or connects the line or lines of that railway with another, the minister may, by certificate, on application of one of the companies or of a municipal corporation or other public body, order that the railway company that constructed the branch line must provide all reasonable and proper facilities, by means of the branch, for the interchange of freight and livestock traffic, and the empty cars incidental to it, between the lines of that railway and those of the railway with which that branch is so joined or connected, in both directions, and also between the lines of the first mentioned railway and those of other railways connecting with the lines of the first mentioned railway, and all tracks and sidings used by the first mentioned railway for the purpose of loading and unloading cars, and owned or controlled by or connecting with the lines of the company owning or controlling the first mentioned railway, and other tracks and sidings the minister directs.
(2) The minister may, by certificate, determine as questions of fact and direct the price per car that must be charged by and paid to the company owning or controlling the first mentioned railway for that traffic.
188 (1) A person who does any of the following commits an offence:
(a) takes or carries on a train or other vehicle of railway transportation any gunpowder, dynamite, nitroglycerine or other dangerous or explosive substance, except in accordance with the code or with regulations made under this Act in that behalf;
(b) delivers or causes to be delivered to a railway any gunpowder, dynamite, nitroglycerine or other dangerous or explosive substance for carriage without
(i) distinctly marking the nature of the substance on the outside of the package or parcel containing the substance,
(ii) giving notice in writing to the agent or employee of the company to whom the substance is delivered that the package or parcel contains a substance of dangerous or explosive nature, and
(iii) observing or causing to be observed the code or the regulations made under this Act.
(2) A person who commits an offence under subsection (1) is liable on conviction to a penalty of not more than $2 000 or imprisonment for a period of not longer than 2 years, or both.
(3) A company that carries any gunpowder, dynamite, nitroglycerine or other dangerous or explosive substance, except in accordance with the code or with the regulations made under this Act, commits an offence.
(4) A company that commits an offence under subsection (3) is liable on conviction to a penalty of not more than $500.
189 If a parcel or package suspected of containing gunpowder, dynamite, nitroglycerine or any other dangerous or explosive substance is delivered to the company or agent or employee of the company for carriage, the company, agent or employee may
(a) refuse to accept the package or parcel for carriage except in accordance with the code or with the regulations made under this Act, and
(b) require that the parcel or package be opened for inspection by the employee or agent in order that he or she may ascertain whether or not the package or parcel contains any dangerous or explosive substance.
190 and 191 [Repealed 2003-45-25.]
192 (1) A company must promptly notify the minister, and give a written report to the minister, in respect of every event on railway property that
(a) causes death or personal injury or causes damage to property or the environment, or
(b) results in significant risk to life or health or threatens damage to property or the environment.
(2) The minister may make regulations prescribing the content of the notice and report, the manner and form in which the notice and report must be given and the classes of events for which notification is required.
(3) Despite subsections (1) and (2), an accident or incident may be investigated by an inspecting engineer.
193 (1) The minister may, by certificate, appoint persons the minister thinks fit to inquire into all matters and things that the minister considers likely to cause or prevent accidents, and the causes of and the circumstances connected with any accident or casualty to life or property occurring on any railway, and into all particulars relating to them.
(2) The persons appointed must report fully, in writing, to the minister, their activities and opinions on the matters respecting which they are appointed to inquire.
(3) The minister may act on the report, and may, by certificate, order the company to suspend or dismiss any employee of the company whom the minister considers to have been negligent or willful in respect of the accident.
194 (1) Horses, sheep, swine, cattle or other animals must not be permitted to be at large on any highway, within 1/2 mile of the intersection of the highway with any railway at rail level, unless they are in charge of a competent person, to prevent their loitering or stopping on the highway at the intersection or straying on the railway.
(2) All horses, sheep, swine, cattle or other animals found at large contrary to this section may, by any person who finds them at large, be impounded in the pound nearest to the place where they are found, and the pound keeper with whom they are impounded must detain them in similar manner, and subject to similar regulations as to their care and disposal, as in the case of cattle impounded for trespass on private property.
(3) If the horses, sheep, swine, cattle or other animals of any person which are at large contrary to this section are killed or injured by any train at the point of intersection, the person does not have any right of action against any company for their death or injury.
(4) When any horses, sheep, swine, cattle or other animals at large, whether on the highway or not, get on the property of the company, and because of that, damage is caused to or by the animal, the party suffering the damage is, except in the cases otherwise provided for by section 195, entitled to recover the amount of the damage against the company in any action in any court of competent jurisdiction.
(5) Subsection (4) applies unless the company establishes that the animal got at large through the negligence or willful act or omission of the owner or the owner's agent.
(6) Nothing in subsection (4) or (5) relieves any person from the penalties imposed by this Act.
(7) If an animal was killed or injured on the property of the company, and not at the point of intersection with the highway, the fact that the animal was not in charge of a competent person does not deprive the owner of the right to recover.
195 A person who suffers damage provable under section 194 does not have any right of action against the company for the damage if it was caused by reason of any person
(a) for whose use any farm crossing is furnished failing to keep the gates at each side of the railway closed when not in use,
(b) willfully leaving open any gate on either side of the railway provided for the use of any farm crossing, without a person being at or near the gate to prevent animals from passing through the gate on the railway,
(c) other than an officer or employee of the company while acting in the discharge of his or her duty, taking down any part of a railway fence,
(d) turning the animal on or in the enclosure of any railway, except for the purpose of and while crossing the railway in the charge of a competent person using all reasonable care and precaution to avoid accidents, or
(e) except as authorized by this Act, without the consent of the company, riding, leading or driving the animal, or suffering the animal to enter on any railway, and in its fences and guards.
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