2002 Legislative Session: 3rd Session, 37th Parliament
THIRD READING
The following electronic version is for informational
purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 27th day of May, 2002
Ian D. Izard, Law Clerk
HONOURABLE RICK COLEMAN
MINISTER OF PUBLIC SAFETY
AND SOLICITOR GENERAL
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 Section 105.94 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended
(a) in paragraph (a) by striking out "105.7 (2) (f) or 105.8 (8) (b) (iii)," and substituting "105.7 (2) (f), 105.8 (8) (b) (iii) or 248 (1) (d),", and
(b) in paragraph (b) by striking out "105.8 (8) (b) (ii) or 105.93 (c)," and substituting "105.8 (8) (b) (ii), 105.93 (c), 242 (5), 243 (4) (b) or (6) and 248 (1) (c),".
2 The following Part is added:
Part 7 -- Impoundment for Racing
241 In this Part:
"race" means circumstances in which, taking into account the condition of the road, traffic, visibility and weather, the operator of a motor vehicle is operating the motor vehicle without reasonable consideration for other persons using the highway or in a manner that may cause harm to an individual, by doing any of the following:
(a) outdistancing or attempting to outdistance one or more other motor vehicles;
(b) preventing or attempting to prevent one or more other motor vehicles from passing;
(c) driving at excessive speed in order to arrive at or attempt to arrive at a given destination ahead of one or more other motor vehicles;
"serious offence" means any of the following:
(a) a motor vehicle related Criminal Code offence;
(b) an offence under section 90.4, 95, 100, 102, 224, 226 or 234 (1) of this Act;
(c) an offence under section 144 (1) or 148 of this Act, if the charge is to be commenced by the laying of an information in Form 2 of the Offence Act.
242 (1) If a peace officer has reasonable and probable grounds to believe that a person has operated a motor vehicle on a highway in a race and the peace officer intends to charge the person who operated the motor vehicle with a serious offence, the peace officer may cause the motor vehicle to be taken to, and impounded for 48 hours at, a place directed by the peace officer.
(2) If a peace officer is satisfied that the impoundment of a motor vehicle under subsection (1) would
(a) jeopardize the safety of the occupants of the motor vehicle, or
(b) leave the occupants stranded,
the peace officer must arrange for transportation of the occupants of the motor vehicle to the nearest safe area where they can summon an alternative form of transportation.
(3) The owner or operator of a motor vehicle impounded under subsection (1) may remove any cargo or other personal property that is in or on the motor vehicle.
(4) Despite subsection (1), if a peace officer is satisfied that a motor vehicle impounded under that subsection is stolen property, the peace officer must
(a) order the person who has custody of the impounded motor vehicle to release the motor vehicle to the owner or a person authorized by the owner, and
(b) promptly give notice to the superintendent of the release of the impounded motor vehicle.
(5) After receiving the notice referred to in subsection (4) (b), the superintendent must pay to the person who had custody of the motor vehicle the impoundment costs and charges referred to in section 105.4 (2).
(6) If a motor vehicle is impounded under subsection (1), the peace officer must take all reasonable steps to notify the owner of the motor vehicle.
(7) A person must not remove or permit the removal of a motor vehicle from the place where it is impounded under subsection (1) before the end of the 48 hour period unless the person is authorized to do so
(a) by an order of a peace officer under subsection (4), (8) or (11), or
(b) by an order of a court.
(8) A peace officer must order the release of a motor vehicle on request by an owner, if
(a) the owner is not the person whose operation of the motor vehicle is the reason for the impoundment, and
(b) the motor vehicle is to be released, after payment of the costs and charges referred to in section 105.4 (2), to the owner or a person other than the person whose operation of the motor vehicle is the reason for the impoundment.
(9) When the impoundment period referred to in subsection (1) has elapsed, the owner or a person authorized by the owner may obtain the release of the motor vehicle after paying the costs and charges referred to in section 105.4 (2).
(10) An impoundment under this section must be considered to be an impoundment for the purposes of section 243 (1) (b) unless the impoundment is withdrawn by the peace officer under subsection (11) of this section.
(11) A peace officer may withdraw an impoundment before the 48 hour period has elapsed and may order the release of the motor vehicle, subject to payment of the costs and charges referred to in section 105.4 (2).
(12) Sections 105.4 and 105.92 apply to an impoundment under sections 242 and 243.
(13) Sections 105.9 (1) to (4), 105.91, 105.93, 105.94 and 105.95 (1) to (3) apply to an impoundment under section 243.
243 (1) A peace officer may cause a motor vehicle to be taken to, and impounded for 30 days at, a place directed by the peace officer if the peace officer has reasonable and probable grounds to believe that
(a) a person has operated the motor vehicle on a highway in a race and the peace officer intends to charge the person who operated the motor vehicle with a serious offence, and
(b) the person who operated the motor vehicle had, within 2 years before the day of the impoundment, operated a motor vehicle that was impounded under section 242, and that impoundment was not withdrawn under section 242 (11).
(2) If a peace officer is satisfied that the impoundment of a motor vehicle under subsection (1) would
(a) jeopardize the safety of the occupants of the motor vehicle, or
(b) leave the occupants stranded,
the peace officer must arrange for transportation of the occupants of the motor vehicle to the nearest safe area where they can summon an alternative form of transportation.
(3) The owner or operator of a motor vehicle impounded under subsection (1) may remove any cargo or other personal property that is in or on the motor vehicle.
(4) Despite subsection (1), if, at any time before a review is conducted under section 246, the superintendent is satisfied that a motor vehicle impounded under subsection (1) of this section is stolen property, the superintendent must
(a) order the person who has custody of the impounded motor vehicle to release the motor vehicle to the owner or a person authorized by the owner, if the owner completes a statutory declaration, and
(b) pay to the person who has custody of the impounded motor vehicle the costs and charges referred to in section 105.4 (2).
(5) Despite subsection (1), if, at any time before a review is conducted under section 246, a peace officer is satisfied that a motor vehicle impounded under subsection (1) of this section is stolen property, the peace officer must
(a) order the person who has custody of the impounded motor vehicle to release the motor vehicle to the owner or a person authorized by the owner, and
(b) promptly give notice to the superintendent of the release of the impounded motor vehicle.
(6) After receiving the notice referred to in subsection (5) (b), the superintendent must pay to the person who had custody of the motor vehicle the impoundment costs and charges referred to in section 105.4 (2).
244 (1) A peace officer who impounds a motor vehicle under section 242 or 243 must complete, retain a copy of, and forward to the superintendent an incident report, in the form established by the superintendent, detailing the circumstances that resulted in the impoundment, the serious offence with which the operator is being charged and any other relevant information.
(2) The incident report forms part of the driving record of the operator of the impounded motor vehicle and may be used, in conjunction with any other relevant information, for the purposes of imposing a prohibition under section 93.
(3) A peace officer who impounds a motor vehicle under section 242 or 243 must do all of the following:
(a) complete a notice of impoundment;
(b) give a copy of the incident report to the operator of the motor vehicle;
(c) give a copy of the notice of impoundment to the operator of the motor vehicle and to the person who has custody of the impounded motor vehicle;
(d) unless an impoundment is withdrawn under section 242 (11), forward to the superintendent
(i) the motor vehicle impoundment report, in the form established by the superintendent, sworn or solemnly affirmed by the peace officer, and
(ii) a copy of the notice of impoundment;
(e) retain a copy of the notice of impoundment.
(4) When the superintendent receives a copy of the notice of impoundment under subsection (3) (d) (ii), the superintendent must promptly send a copy of that notice by mail to the last known address of the registered owner of the motor vehicle as shown in the records maintained by the Insurance Corporation of British Columbia.
(5) The notice of impoundment for an impoundment for 48 hours must contain all of the following:
(a) a statement of the right of the owner to have the motor vehicle released under section 242 (8);
(b) a statement that the motor vehicle will be impounded for 48 hours;
(c) a statement that if the owner of the motor vehicle does not pay the costs and charges referred to in section 105.4 (2), the motor vehicle may be disposed of under the Warehouse Lien Act or under section 105.4 (6) of this Act.
(6) The notice of impoundment for an impoundment for 30 days must contain all of the following:
(a) a statement of the right to have the impoundment reviewed by the superintendent under section 246;
(b) instructions describing how to apply for that review;
(c) a statement that if the owner of the motor vehicle does not apply for a review under section 246, the motor vehicle will be impounded for 30 days;
(d) a statement that if the owner of the motor vehicle does not pay the costs and charges referred to in section 105.4 (2), the motor vehicle may be disposed of under the Warehouse Lien Act or under section 105.4 (6) of this Act.
245 (1) The superintendent must authorize the release of a motor vehicle impounded under section 243 on request by an owner in accordance with subsection (2) of this section, if
(a) the owner is not the person whose operation of the motor vehicle is the reason for the impoundment, and
(b) the motor vehicle is to be released to the owner or a person other than the person whose operation of the motor vehicle is the reason for the impoundment.
(2) A request by an owner under subsection (1) must be in the form, contain the information and be completed in the manner required by the superintendent.
246 The owner of a motor vehicle who operated the motor vehicle in a manner that resulted in the motor vehicle being impounded under section 243 may, within 30 days of the impoundment, apply to the superintendent for a review of the impoundment and section 105.5 applies.
247 In a review under section 246, the superintendent must consider all of the following:
(a) the driving record of the applicant;
(b) an incident report forwarded under section 244 (1);
(c) a motor vehicle impoundment report forwarded under section 244 (3) (d) (i);
(d) if an oral hearing is held, in addition to the reports referred to in paragraphs (b) and (c), any relevant evidence given or representations made at the hearing;
(e) any relevant sworn or solemnly affirmed statements and any other relevant information, including any report to Crown counsel or other information forwarded by the peace officer.
248 (1) If, after considering an application for review under section 246 in respect of a motor vehicle impounded under section 243 (1), the superintendent is satisfied that at the time of the impoundment the motor vehicle was not operated as described in section 243 (1) (a) or that the applicant was not subject to a 30 day impoundment under section 243, the superintendent must do all of the following:
(a) revoke the impoundment;
(b) order the person who has custody of the impounded motor vehicle to release the motor vehicle to the owner or a person authorized by the owner;
(c) pay to the person who has custody of the impounded motor vehicle the costs and charges referred to in section 105.4 (2);
(d) direct that the application and hearing fees paid be refunded to the applicant.
(2) The decision of the superintendent under subsection (1), and the reasons for the decision, must be in writing and a copy must be sent to the applicant within 7 days of the date the application was considered or the oral hearing was held.
(3) The copy referred to in subsection (2) must be sent to the applicant
(a) at the last known address of the applicant as shown in the records of the Insurance Corporation of British Columbia, or
(b) at the address shown in the application for review, if that address is different from the last known address in the records of the Insurance Corporation of British Columbia.
3 This Act comes into force by regulation of the Lieutenant Governor in Council.
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