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B.C. Reg. 65/72 |
| This archived regulation consolidation is current to December 3, 2004 and includes changes enacted and in force by that date. For the most current information, click here. |
Motor Vehicle (All Terrain) Act
[includes amendments up to B.C. Reg. 415/97]
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Contents |
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| Division 1 — Interpretation | ||
| Division 2 — Application | ||
| Division 3 — Owner's Registration | ||
| Division 4 — Rental Dealer Registration | ||
| Division 5 — Accident Reporting | ||
1 In this regulation, unless the context otherwise requires,
"Act" means the Motor Vehicle (All Terrain) Act;
"competition snowmobile" means a snowmobile designed for use, and used exclusively, on competition circuits;
"owner's certificate" means a certificate of registration issued to an owner of a snowmobile under section 2 of the Act;
"owner's decal" means the method of identification of a snowmobile under section 2 of the Act;
"rental dealer's certificate" means a certificate of registration issued to a dealer under section 3 of the Act;
"rental dealer's plate" means the method of identification of a rental snowmobile under section 3 of the Act;
"rental snowmobile" means a snowmobile rented out by a dealer for use or operation by others, whether or not the snowmobile is owned by the dealer;
"snowmobile" means a vehicle weighing not more than 1 000 pounds, designed primarily for travel on snow or ice, having one or more steering skis, and self-propelled by means of an endless belt or belts driven in contact with the ground; and includes a snowmobile conversion vehicle, but does not include a competition snowmobile;
"snowmobile conversion vehicle" means a vehicle designed to be capable of conversion to a snowmobile by the repositioning, removal or addition of parts.
2 A snowmobile is an all terrain vehicle for the purposes of the Act.
3 An owner's certificate shall be carried in the snowmobile in respect of which it was issued at all times while the snowmobile is in use or operation.
4 A duplicate rental dealer's certificate shall be carried in every rental snowmobile while the rental snowmobile is in use or operation.
5 The owner, user or operator of a snowmobile shall, upon demand, produce the owner's certificate or the duplicate rental dealer's certificate, as the case may be, for inspection by an enforcement officer.
6 Spent.
Division 3 — Owner's Registration
7 (1) Except as otherwise provided in the Act or this regulation, every owner of a snowmobile other than a rental snowmobile not licensed under section 3 of the Motor Vehicle Act shall, before the snowmobile is used or operated, register it with the Insurance Corporation of British Columbia and obtain an owner's certificate.
(2) Every application for registration and an owner's certificate under subsection (1) must be in a form satisfactory to the Insurance Corporation of British Columbia, must be delivered to the corporation, a government agent or any person authorized under section 3 (5) or (6) of the Motor Vehicle Act for that purpose, and must be accompanied by a fee prescribed in Schedule 1, together with the amount of tax owing in respect of the snowmobile under the Social Service Tax Act.
(3) Upon the receipt of the application and upon being satisfied of the truth of the facts stated in it and that the prescribed fees have been paid, the Insurance Corporation of British Columbia shall register the name and address of the owner, and a description of the snowmobile, in a file or index to be kept for that purpose, and shall issue to the owner
(a) a numbered owner's certificate, in a form satisfactory to the corporation, showing the registration of the snowmobile and authorizing its use and operation in accordance with the Act, and
(b) 2 numbered owner's decals, each corresponding with the number of the owner's certificate.
(4) Every owner's decal shall be of such material and design as the Insurance Corporation of British Columbia may determine, and shall remain the property of the Crown.
[am. B.C. Regs. 403/95, s. 1; 415/97, ss. 1, 2.]
8 Where an application is made for registration and an owner's certificate in respect of a snowmobile imported into the Province that has been registered, licensed or certified at a place without the Province, the Insurance Corporation of British Columbia may, as a condition of registration, require the applicant to deliver to the corporation the existing registration, licence or certificate issued without the Province, to be retained by the corporation while the snowmobile is being used or operated within the Province.
[am. B.C. Reg. 415/97, s. 1.]
9 Every snowmobile registered pursuant to section 7 shall have affixed to each side of its cowl, or to another conspicuous place on each side of it, an owner's decal.
10 (1) Every owner and every user or operator of a snowmobile other than a rental snowmobile shall, upon demand, produce the Crown's certificate, in respect of the snowmobile that he owns or is using or operating, for inspection by an enforcement officer.
(2) Where an enforcement officer finds an owner's decal
(a) detached from a snowmobile, or
(b) displayed on a snowmobile other than the one in respect of which it was issued,
he may seize the owner's certificate and hold the same pending the receipt of instructions from the Insurance Corporation of British Columbia as to its disposal.
[am. B.C. Reg. 415/97, s. 1.]
11 Upon receipt of an application in writing accompanied by such evidence as the Insurance Corporation of British Columbia may require, and upon payment of a fee prescribed in Schedule 1, the corporation may issue a duplicate or replacement owner's certificate, or owner's decal, or both.
[am. B.C. Regs. 403/95, s. 2; 415/97, s. 1.]
12 (1) Where the title or interest of any person in a snowmobile registered under section 7 is transferred, whether by gift, exchange, barter or sale, the transferor and the transferee shall forthwith sign a notice of transfer in a form satisfactory to the Insurance Corporation of British Columbia, and the transferee shall, within 10 days from the transfer, deliver to the corporation the notice, accompanied by a fee prescribed in Schedule 1 and the amount of tax owing in respect of the snowmobile under the Social Service Tax Act.
(2) Where a transfer occurs by operation of law of the title or interest of an owner of a snowmobile registered under section 6, as upon inheritance, bequest, bankruptcy, execution sale, repossession or foreclosure upon default in performance of the terms of a lease, chattel mortgage, debenture or the conditional sale contract, or otherwise than by voluntary act of the person whose title or interest is so transferred, the notice of transfer for the purpose of this section shall be signed by the executor, administrator, receiver, trustee, sheriff or other representative or successor in interest of the person whose title or interest is so transferred in lieu of that person; and the person who signs the notice of transfer shall deliver to the Insurance Corporation of British Columbia evidence satisfactory to the corporation of the facts entitling that person to sign the notice of transfer.
(3) Every document required to be delivered to the Insurance Corporation of British Columbia under this section may be delivered to the corporation or to a government agent or any person authorized under section 3 (5) or (6) of the Motor Vehicle Act for that purpose, but in every case the person delivering the notice of transfer must, at the same time, surrender the owner's certificate last issued under section 7 in respect of the snowmobile.
[am. B.C. Regs. 403/95, s.3; 415/97, ss. 1, 3.]
13 (1) Notwithstanding the provisions of section 12, where any person who is registered as the holder of an owner's certificate dies, and where any person applies for a transfer from the owner's certificate, if the applicant proves to the satisfaction of the Insurance Corporation of British Columbia that the total estate left by the deceased does not exceed $2 000 in value, and if he satisfies the corporation, by producing the last will of the deceased, that the person entitled thereunder consents, or, if the deceased died intestate, by showing that all persons entitled to share in the estate on intestacy consent, the corporation may accept an application for a transfer from the person and issue a new owner's certificate in his name.
(2) The provisions of section 12 (3) apply, with the necessary changes and so far as are applicable, to an application under this section.
[am. B.C. Reg. 415/97, s. 1.]
Division 4 — Rental Dealer Registration
14 (1) Except as otherwise provided in the Act or this regulation, every dealer shall, before any rental snowmobile owned by him or in his charge is used or operated, obtain a rental dealer's certificate.
(2) A dealer must
(a) make application for registration and a rental dealer's certificate in a form satisfactory to the Insurance Corporation of British Columbia,
(b) state the number of rental snowmobiles owned by the dealer or in the dealer's charge, or anticipated to be owned by the dealer or in the dealer's charge, and
(c) deliver the application to the corporation or a government agent or any person authorized under section 3 (5) or (6) of the Motor Vehicle Act for that purpose, accompanied by a fee prescribed in Schedule 1 for the registration.
(3) Upon the receipt of the application and upon being satisfied of the truth of the facts stated in the application and that the prescribed fees have been paid, the Insurance Corporation of British Columbia shall register the name and address of the dealer in a file or index to be kept for that purpose, and shall issue to the dealer a rental dealer's certificate authorizing the use and operation by the dealer of 5 rental snowmobiles shown on the certificate, together with sufficient duplicate rental dealer's certificates and rental dealer's plates for each rental snowmobile of that number.
(4) Where a rental dealer applies for registration of more than 5 rental snowmobiles, the Insurance Corporation of British Columbia may, in accordance with this section and upon receipt of a fee prescribed in Schedule 1 for each additional rental snowmobile, issue additional rental dealer's certificates, duplicate rental dealer's certificates and rental dealer's plates.
(5) Every rental dealer's certificate, duplicate rental dealer's certificate and rental dealer's plate shall expire on September 30, and shall be of such material and design as the Insurance Corporation of British Columbia may determine, and a rental dealer's plate shall remain the property of the Crown.
[am. B.C. Regs. 403/95, ss. 4, 5; 415/97, ss. 1, 4.]
15 Every rental snowmobile owned by a dealer or in his charge, while it is being used or operated, shall have affixed to some conspicuous place on it a rental dealer's plate.
16 Upon receipt of an application in writing accompanied by such evidence as the Insurance Corporation of British Columbia may require, and upon payment of a fee prescribed in Schedule 1 for each additional rental dealer's plate, the corporation may issue an additional rental dealer's certificate and additional duplicate rental dealer's certificates and rental dealer's plates.
[am. B.C. Regs. 403/95, s. 6; 415/97, s. 1.]
17 (1) Every dealer and every user or operator of a rental snowmobile shall, upon demand, produce a duplicate rental dealer's certificate showing the rental snowmobile that he is using or operating, for inspection by any enforcement officer.
(2) An enforcement officer may remove and seize a rental dealer's plate that he finds detached from a rental snowmobile, or displayed on a snowmobile other than a rental snowmobile owned by the dealer or in his charge, and in respect of which the rental dealer's certificate was issued, and may hold the same pending the receipt of instructions from the Insurance Corporation of British Columbia as to its disposal.
[am. B.C. Reg. 415/97, s. 1.]
18 Before registering a dealer and issuing a rental dealer's certificate, the Insurance Corporation of British Columbia may make such inquiries and require such information as the corporation deems desirable, and shall require proof of liability insurance of at least $50 000 for the purpose of satisfying liabilities the dealer may incur resulting from bodily injury to or the death of any person, or damage to property occasioned by or arising out of the ownership, operation or use of a rental snowmobile owned by the dealer or in his charge.
[am. B.C. Reg. 415/97, s. 5.]
Division 5 — Accident Reporting
19 For the purposes of reporting an accident under section 6 of the Act,
(a) every accident report shall be in a form satisfactory to the Insurance Corporation of British Columbia, and
(b) where it is inconvenient to report an accident to a peace officer as required by section 6 (1) of the Act, the accident may be reported to an enforcement officer.
[am. B.C. Reg. 415/97, s. 1.]
[en. B.C. Reg. 403/95, s. 7.]
Fees
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(a) Register a snowmobile |
$10 |
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(b) Duplicate owner's certificate |
5 |
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(c) Transfer of owner's certificate |
5 |
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(d) Rental Dealer's Certificate |
25 |
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(e) Snowmobile rentals in excess of 5, per snowmobile |
5 |
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(f) Additional rental dealer's plates |
2 |
[Provisions of the Motor Vehicle (All Terrain) Act, R.S.B.C. 1996, c. 319, relevant to the enactment of this regulation: section 7]
Copyright (c) 2004: Queen's Printer, Victoria, British Columbia, Canada