HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Definitions

1  In this Act,

"board" means the Passenger Transportation Board;

"chaperone" means a person over the age of 26 who has contracted with a charter party carrier to ensure that open alcohol is not carried or consumed on a party bus;

"charter party carrier" means every person or company engaged in the transportation over any highway of a group of persons, who, pursuant to a common purpose, acquire the use of a party bus to travel together as a group to a specified destination or for a particular itinerary, either agreed upon in advance or modified by the chartered group after leaving the place of origin;

"highway" includes all public streets, roads, ways, trails, lanes, bridges, trestles, ferry landings and approaches, and any other public way;

"operate" means, when used in relation to a party bus, operation or management of the bus and passengers whether the bus is in motion or stationary;

"driver" means the driver of a party bus;

"party bus" means:

(a) a vehicle accommodating four or more passengers whose interior enables passengers to stand and circulate throughout the vehicle and in which food, beverages or entertainment may be provided;

(b) for further clarity, this definition does not include a vehicle operated by or chartered by or on behalf of a school board, a transit authority, a church, a non-profit organization registered in British Columbia, or a registered charity, and whose use is consistent with the normal purposes of these organizations;

"safe drop-off" means a procedure or location for discharging passengers that meets requirements specified by the Board or by regulation.

Purpose

2  The purposes of this Act are as follows:

(1) to ensure that appropriate permitting and regulation apply to the party bus industry and charter party carriers; and

(2) to ensure that minors are protected from illegal or dangerous activity, which may take place on a party bus.

Regulation of party buses and charter party carriers

3  (1) Party buses and charter party carriers shall be regulated by the Passenger Transportation Board pursuant to the Passenger Transportation Act, except as otherwise stipulated in this Act.

(2) Party buses shall be treated as "passenger directed vehicles" requiring a "special authorization" pursuant to the Passenger Transportation Act.

(3) The Lieutenant Governor in Council may make additional regulations.

Permits and chaperones

4  (1) Charter party carriers and drivers shall be required to apply for appropriate permits and to complete safety training specific to their industry as specified by the Board.

(2) Where a party bus is carrying minors, as defined in the Age of Majority Act, the passengers must include one chaperone for the first twenty passengers, plus an additional chaperone for every additional twenty passengers or major part thereof.

(3) Chaperones shall be required to complete safety training as specified by the Board.

Additional requirements

5  (1) Prior to the commencement of each party bus trip the charter party carrier or the driver must read to every passenger a document which:

(a) states that the consumption of any alcoholic beverage or of illegal drugs in the party bus is prohibited by law; and

(b) describes such safety measures as may be designated by the Board or by regulation.

(2) The charter party carrier or the driver must require all passengers to sign the document described in section 5 (1) to acknowledge that the passenger has heard, understood and agrees to abide by the conditions outlined in section 5 (1) and must retain a physical or electronic copy on file for two years.

(3) Every charter party carrier must have a designated safe drop-off provision that meets requirements specified by the Board.

(4) Chaperones shall report any infractions of the conditions outlined in section 5 (1) to the driver.

(5) If a driver is aware directly, or is aware through the report of a chaperone or passenger, or should reasonably be aware in all the circumstances, of a violation of the conditions of section 5 (1), the driver must immediately terminate the trip and return all the passengers to a designated safe drop-off location.

(6) If a driver has any reason to believe that a passenger is in medical distress the driver must deliver the passenger to appropriate medical care by ambulance or personally and, as soon as possible in all the circumstances, terminate the trip and return all the remaining passengers to a designated safe drop-off location.

Enforcement and Penalties

6  (1) Enforcement and penalties for failure to comply with the provisions of this Act shall be in accordance with:

(a) the Passenger Transportation Act and the Provincial Offence Act;

(b) requirements and penalties specified by the Board; and

(c) any additional regulations established by the Lieutenant Governor in Council.

(2) Advertising or sales presentations by a charter party carrier that include depictions of, or implied access to, prohibited or illegal activities on party buses will be deemed to have actually taken place during operation of a party bus by that charter party carrier for the purposes of enforcement and any applicable penalties under this Act.

(3) To enhance consumer protection and awareness the Board shall electronically post on a publicly available website all instances of non-compliance with this Act or with the Passenger Transportation Act, any penalties imposed, and the name of the charter party carrier and, if applicable, the driver.

Commencement

7  (1) This Act comes into force the day it receives Royal Assent.

 
Explanatory Note

This Bill seeks to enact appropriate legislative and regulatory protections for young passengers contracting trips on party buses and to ensure that the charter party carrier industry is subject to the same level of licensing, permitting and oversight as other sectors of the passenger transportation industry through the Passenger Transportation Board. The Act also specifically requires chaperones for trips involving minors; safety training for operators, drivers and chaperones; instruction to passengers respecting legal and safety requirements; "safe drop-off" provisions; and penalties for advertising of illegal or prohibited activity.