B.C. Reg. 135/2003, deposited March 28, 2003, pursuant to the MOTOR VEHICLE ACT [Sections 210, 212, 212.2, 216 and 217]. Order in Council 312/2003, approved and ordered March 28, 2003.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that effective April 1, 2003, the Motor Vehicle Act Regulations, B.C. Reg. 26/58, is amended as set out in the attached Schedule. — R. COLEMAN, Minister of Public Safety and Solicitor General; G. CAMPBELL, Presiding Member of the Executive Council.

Schedule

1 Sections 4.02 (1) and (5), 4.13 (1), 4.27 (1), 4.28 (1) (b) and (4), 5.06 (d), 7.02 (2) (b), 7.17, 8.03, 11.03 (1), 11.04, 11.08 (2), 37.02 (1), (3) and (6), 37.03 (1) and (1) (e) (ii) and (f), 37.03 (2), 37.04 (1), (2) and (3), 37.05 (1), 37.06, 37.061, 37.07 (1), (2) and (3), 37.11 (b), 37.12 (1) (b) and (4), 37.14 (1), 37.17 (2), 37.21 (2), 37.23 (7), 37.27 (2), 37.29 (1), (1) (c) (ii) and (3), 37.31, 37.331, 37.34, 37.40 (2) (b), 37.42 (3), 37.43 (2) (b), 37.45 (b), 37.47 (2) (b) and 37.48 (1) (a), of the Motor Vehicle Act Regulations, B.C. Reg. 26/58, are amended by striking out "Insurance Corporation of British Columbia" wherever it appears and substituting "director".

2 Section 5.05 (1) is amended by striking out "officer" wherever it appears and substituting "peace officer".

3 Sections 4.28 (1) (b), 7.02 (2) (b), 8.03, 11.03 (1) and (2), 11.04, 11.08 (3), 25.01 (3), (4), 25.02 (1), (2) and (3), 25.03 (1), (2) and (3), 25.04 (5), 25.05 (1) and (2), 25.07 (2), 25.08 (1), (2) and (5), 25.09 (3), 25.11, 25.12 (1) (a) (i), (c), (e), (g) and (i), (2) and (3), 25.13 (1) (a) and (c), 25.21, 25.24 (2) and (3), 25.25 (b), 25.28 (a) and (b) (iii), 37.02 (3), 37.03 (1) (a) and (2) (c), 37.04 (2), 37.07 (1) (a) and (1) (b), 37.11 (b), 37.12 (4) and (4) (b), 37.14 (1) (a) and (b), 37.17 (2), 37.23 (7), 37.29 (3), and 37.34 are amended by striking out "corporation" wherever it appears and substituting "director".

4 Section 8.04 is amended by striking out "the Lieutenant Governor in Council" and substituting "the director".

5 Section 19.01 is amended by repealing subsection (1) and substituting the following:

(1) For the purposes of this Division, "minister" means the Minister of Transportation or the Minister of Public Safety and Solicitor General, as applicable.

6 Section 19.05 (1) (b) is amended by striking out "or Insurance Corporation of British Columbia".

7 Section 25.01 (1) is amended in the definitions of "authorized person", "designated inspection facility", "identification card", "identification plate", "inspection certificate" and "inspection report" by striking out "corporation" and substituting "director".

8 Section 25.12 (2) is amended by striking out ", but no cancellation or suspension must be effected until the operator is first given an opportunity to show cause why no suspension or cancellation is warranted".

9 Section 37.03 (1) is amended by striking out "that corporation" and substituting "the director".

10 Section 37.03 (2.1) is repealed and the following substituted:

(2.1) If the director gives notice under section 118.96 (2) of the Act in respect of a person and the person applies under section 118.97 of the Act, the director may, pending the show cause hearing and any reconsideration, defer issuing a safety certificate

(a) to a corporation, if the person in respect of whom the notice is given is a director or officer of the corporation, or

(b) to an individual, if the individual has been an officer or director of a corporation and the corporation is the person in respect of whom the notice is given.

11 Section 37.04 (1) is amended by striking out "the corporation's" and substituting "the director's".

12 Sections 37.08, 37.09 and 37.10 are repealed.

13 Section 37.37 is amended by striking out "37.09 (2)".

14 Section 37.38 is amended

(a) by repealing subsection (1), and

(b) by repealing subsection (2) and substituting the following:

(2) A carrier whose safety certificate has been

(a) suspended under section 118.95 of the Act, or

(b) cancelled under section 118.96 of the Act

must not operate a commercial motor vehicle while the safety certificate is suspended or cancelled.

(3) A carrier who contravenes subsection (2) commits an offence.

15 Sections 37.40 (2) (b), 37.43 (2) (b) and 37.47 (2) (b) are amended by striking out "or its duly authorized representative".

16 Section 37.42 (2) is amended by striking out "by the Insurance Corporation of British Columbia, by a duly authorized representative of the Insurance Corporation of British Columbia" and substituting "by the director".

17 Section 37.48 (1) is amended by repealing paragraph (b) and substituting the following:

(b) if requested to do so by the director or a peace officer, produce proof of that insurance to the person making the request at the time and date specified.

Copyright © 2003: Queen's Printer, Victoria, British Columbia, Canada