B.C. Reg. 335/2004, deposited July 14, 2004, pursuant to the INDUSTRIAL ROADS ACT [Section 28]. Ministerial Regulation M273/2004, dated July 12, 2004.

I, Kevin Falcon, Minister of Transportation, order that the Vehicular Traffic on Industrial Roads Regulations, B.C. Reg. 450/59, is amended as set out in the attached Schedule.

— K. FALCON, Minister of Transportation.

Schedule

1 Section 2 of the Vehicular Traffic on Industrial Roads Regulations, B.C. Reg. 450/59, is amended by adding the following definition:

"insurance corporation" means the Insurance Corporation of British Columbia; .

2 Section 3 is repealed and the following substituted:

Obligations on vehicles using industrial roads

3 An owner of a motor vehicle used on or in the operation or construction of an industrial road must

(a) ensure that the motor vehicle is maintained in a safe and proper condition and operated on the industrial road in a safe and proper manner, and

(b) maintain, and produce to peace officers and Workers' Compensation Board officials, on demand, the logbooks and other records necessary to demonstrate compliance with the obligations imposed under paragraph (a).

3 Sections 4 to 7 are repealed.

4 Section 8 is repealed and the following substituted:

Requirement to inspect

8 On each day that a truck, crew car or crummy owned or operated by an industrial road administrator is to be operated on an industrial road owned or operated by the industrial road administrator, the industrial road administrator must ensure that the motor vehicle is inspected and determined to be suitable for that operation by competent personnel before that motor vehicle is operated on that industrial road.

5 Sections 10 and 11 are repealed.

6 Section 12 is repealed and the following substituted:

Brakes

12 (1) A person must not drive a motor vehicle on an industrial road unless the brakes on the motor vehicle are maintained and operated in compliance with the guidelines provided by the original equipment manufacturer.

(2) Without limiting section 3, if the brakes of a motor vehicle have been altered or modified, the owner of the motor vehicle must not allow the motor vehicle to be operated on an industrial road unless the alteration or modification

(a) has been completed in accordance with guidelines provided by the original equipment manufacturer, or

(b) meets the applicable standard or recommended practices established by the Society of Automotive Engineers (SAE).

7 Sections 12.1 to 16 are repealed.

8 Section 17 is repealed and the following substituted:

Water supply

17 (1) An owner of a truck used on or in the operation or construction of an industrial road must, if the motor vehicle is equipped with a water supply to cool the brake drums, ensure that

(a) the truck is equipped with tanks of sufficient capacity to store an adequate water supply, and

(b) for any intended operation of the truck on an industrial road, the tanks carry a supply of water that is adequate to cool the brakes over the greatest distance that the truck may travel on the industrial road during that operation.

(2) The driver of a truck referred to in subsection (1) must ensure that the tanks and water supply referred to in that subsection are under his or her control at all times.

9 Section 20 is repealed.

10 Section 21 is repealed and the following substituted:

Operation, maintenance and alteration of equipment

21 (1) Without limiting section 3, the owner of a motor vehicle used on or in the operation or construction of an industrial road must ensure that the following are operated and maintained in compliance with the guidelines provided by their original manufacturer:

(a) mirrors;

(b) doors;

(c) windows;

(d) windshields;

(e) horns;

(f) audible signals;

(g) tires;

(h) steps;

(i) power steering;

(j) any other item necessary for the safe operation of the motor vehicle.

(2) Without limiting section 3, the owner of a motor vehicle used on or in the operation or construction of an industrial road must ensure that any alteration that is made to items attached to or forming part of the motor is performed in accordance with

(a) guidelines provided by the original manufacturer of that item, or

(b) the applicable standards or recommended practice established by the Society of Automotive Engineers (SAE).

11 Sections 22, 24 to 28.1 are repealed.

12 Section 29 is repealed and the following substituted:

Lights

29 Without limiting section 3, the owner of a motor vehicle used on or in the operation or construction of an industrial road must ensure that the lights on the motor vehicle are installed, maintained and operated in accordance with the following:

(a) unless it is a motorcycle, the motor vehicle must be equipped with 2 headlights mounted on each side of the front of the motor vehicle and capable of displaying white light of equal power;

(b) during the period from 1/2 hour after sunset to 1/2 hour before sunrise, and at any other time when there is not sufficient light to render clearly discernible a substantial object on the roadway at a distance of 61 metres, the headlights must be kept lighted whenever the motor vehicle is in motion on any industrial road;

(c) if the motor vehicle is a passenger-carrying motor vehicle, the motor vehicle, and any trailer being pulled by it, must be equipped with one or more lights mounted on the back, which lights

(i) must be capable of displaying a red light that is plainly visible under normal atmospheric conditions from a distance of 152 metres to the rear of the motor vehicle or trailer, as the case may be, and

(ii) must be kept lighted during the period from 1/2 hour after sunset to 1/2 hour before sunrise, and at any other time when there is not sufficient light to render clearly discernible a substantial object on the roadway at a distance of 61 metres;

(d) every crew car or crummy must, if the width of any part of the motor vehicle or of any load on the motor vehicle is greater than 2 metres, carry 4 clearance lights, on the extreme left side and right side of the motor vehicle,

(i) 2 of which are located at the front, each displaying a white, green or amber light visible under normal atmospheric conditions from a distance of 152 metres to the front of the motor vehicle, and

(ii) the other 2 of which are located at the rear of the motor vehicle, each displaying a red light visible under normal atmospheric conditions from a distance of 152 metres to the rear of the motor vehicle;

(e) during the period from 1/2 hour after sunset to 1/2 hour before sunrise, and at any other time when there is not sufficient light to render clearly discernible a substantial object on the industrial road at a distance of 61 metres, the clearance lights prescribed by paragraph (d) must be kept lighted whenever the crew car or crummy is on the travelled portion of any industrial road;

(f) additional spotlights, foglights, auxiliary driving lights, passing lights, identification lights, backup lights, emergency lights and flasher lights may, at the discretion of the owner, be installed in accordance with

(i) guidelines provided by the original manufacturer of that item, or

(ii) the applicable standards or recommended practice established by the Society of Automotive Engineers (SAE).

13 Sections 30 to 32 are repealed.

14 Sections 33 to 36 are repealed and the following substituted:

Crew cars and crummies

33 (1) Without limiting section 3, the owner of a crew car or crummy used on or in the operation or construction of an industrial road must ensure that

(a) the motor vehicle has tops and sides that are, and body construction that is, sufficiently strong to ensure the safe transport of passengers,

(b) the motor vehicle has rear entry doors or side doors for entry or egress of passengers,

(c) the doors referred to in paragraph (b) are maintained so that they can be unlatched and opened from both the inside and outside,

(d) any side doors are on the right side of the motor vehicle,

(e) there is at least one emergency exit from the motor vehicle, which emergency exit is on the left side or rear of the motor vehicle, and

(f) if bulkheads exist between the driver and the passengers, there is a window or opening in the bulkheads and a means of communication between the driver and the passengers.

(2) The owner of a crew car or crummy referred to in subsection (1) must not use curtains instead of doors or side walls.

Driver requirements

35 (1) A person must not operate a motor vehicle of any class on an industrial road in British Columbia unless the person holds

(a) a driver's licence issued by the insurance corporation authorizing the person to operate a motor vehicle of that class, or

(b) subject to subsection (2),

(i) a driver's licence, other than one referred to in paragraph (a), and

(ii) a certificate of competency authorizing the person to operate a motor vehicle on an industrial road.

(2) If a motor vehicle of any class operated on an industrial road crosses, enters or operates on any highway, the driver of that motor vehicle must hold a driver's licence issued by the insurance corporation authorizing the person to operate a motor vehicle of that class.

Prerequisites for candidates

36 Applicants for a certificate of competency referred to in section 35 (b) (ii) must

(a) hold a valid British Columbia driver's licence,

(b) for certificates of competency applicable to motor vehicles of a class of motor vehicles, meet minimum age requirements set by section 30.04 of the Motor Vehicle Act Regulations for the driver's licence required to operate motor vehicles of that class of motor vehicles,

(c) be an employee of the industrial road administrator that owns or operates the industrial road or industrial roads on which the applicant wishes to operate motor vehicles,

(d) submit a letter acceptable to the insurance corporation signed by the management of the industrial road administrator referred to in paragraph (c), indicating the applicant's training, experience and competency to operate motor vehicles of the class of motor vehicles on the industrial road administrator's industrial roads,

(e) complete an application in the form required by the insurance corporation, and

(f) submit to and pass any testing, including, without limitation, medical testing, required by the insurance corporation or the Superintendent of Motor Vehicles.

15 Sections 37 to 40 are repealed.

16 Section 42 is repealed and the following substituted:

Temporary licences

42 (1) The insurance corporation may, on application, issue a temporary driver's licence to a person if the insurance corporation considers that the person is

(a) an employee of the industrial road administrator that owns or operates the industrial road on which the applicant for a temporary licence intends to operate motor vehicles, and

(b) sufficiently qualified to operate those motor vehicles.

(2) A licence issued under subsection (1) is valid from the date of issue for a period of 60 days.

17 Sections 43 and 44 are repealed.

18 Section 66 is repealed and the following substituted:

Accommodating other motor vehicles

66 (1) If a motor vehicle is being overtaken by another motor vehicle on an industrial road, the operator of the first motor vehicle

(a) must pull the motor vehicle over to the side of the industrial road in such a way as to allow the other motor vehicle to pass, or

(b) if it is impracticable or unsafe to comply with paragraph (a), must immediately stop, and, if necessary for the safety of the other motor vehicle, assist the operator of the other motor vehicle to pass without damage.

(2) If 2 motor vehicles are approaching each other on an industrial road, the operators of the motor vehicles

(a) must pull their respective motor vehicles over to the side of the industrial road in such a way as to allow the other motor vehicle to pass on the operator's left, or

(b) if it is impracticable or unsafe to comply with paragraph (a), must immediately stop their respective motor vehicles, come to an agreement as to how to proceed in the circumstances and proceed in accordance with that agreement.

19 Section 68 is repealed and the following substituted:

Speed restrictions

68 A person operating a motor vehicle on an industrial road must observe the following speed restrictions:

(a) when travelling through a school zone on a school day between the hours of 8 a.m. and 5 p.m., or times otherwise indicated in accordance with the Motor Vehicle Act Regulations, the operator must not allow the motor vehicle to exceed 30 kilometres per hour;

(b) when travelling through a playground zone between dawn and dusk, the operator must not allow the motor vehicle to exceed 30 kilometres per hour;

(c) when travelling on any part of an industrial road in respect of which there is a speed limit posted by the industrial road administrator, the operator must not allow the motor vehicle to exceed the posted speed limit;

(d) when travelling on any part of an industrial road in respect of which there is no posted speed limit, the operator must not allow the motor vehicle to exceed 80 kilometres per hour.

20 The Schedules are repealed.

Copyright © 2004: Queen's Printer, Victoria, British Columbia, Canada