1992 Legislative Session: 1st Session, 35th Parliament
FIRST READING
The following electronic version is for informational purposes only.
The printed version remains the official version.
ATTORNEY 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 24 of the Motor Vehicle Act, R.S.B.C. 1979, c. 288, is amended
(a) by repealing subsections (1) and (2) and substituting the following:
(1) An applicant for a driver's licence shall
(a) make an application to the superintendent in the prescribed form and manner,
(b) deliver the application to the superintendent, a government agent or a person authorized in writing by the superintendent for the purposes of this section,
(c) submit to a prescribed examination and identification process, and
(d) pay the prescribed fee for the driver's licence.,
(b) by adding the following subsection:
(3.1) No person shall, at the same time that he or she has a driver's licence issued under this Act, have a driver's licence issued by another jurisdiction or have another driver's licence previously issued under this Act. , and
(c) by repealing subsection (5) and substituting the following:
(5) If the superintendent is satisfied
(a) as to the fitness and ability of an applicant to drive or operate a motor vehicle in the category for which the application of licence has been made, and
(b) that the applicant has complied with the requirements of this Act and the regulations,
the superintendent shall cause to be issued to the applicant a numbered driver's licence authorizing the applicant to drive or operate a vehicle which is in a category designated in that licence.
2 Section 45.2 (1), as enacted by section 5 of the Solicitor General Statutes Amendment Act, 1990, S.B.C. 1990, c. 71, is amended
(a) by repealing subsection (1) and substituting the following:
(1) The Lieutenant Governor in Council may make regulations
(a) prescribing the method and procedure used to test motor vehicles for compliance with the levels established under section 45.3 (2) (c),
(b) respecting documents that must accompany a motor vehicle at the time of a test for motor vehicle compliance,
(c) respecting the granting of a conditional pass of the test for motor vehicle compliance and prescribing amounts spent on repairs to qualify for a conditional pass,
(d) respecting parts and devices that may be used to repair a motor vehicle for the purposes of a test for motor vehicle compliance, and
(e) respecting motor vehicle engine exchange. , and
(b) in subsection (2) (b) by striking out "as defined by the principal residence of the primary user of a motor vehicle".
3 Section 45.3 is amended
(a) in subsection (1) by striking out "section 45.2 (1) (b)" and substituting "subsection (2) (c)",
(b) by repealing subsection (2), as enacted by section 5 of the Solicitor General Statutes Amendment Act, 1990, S.B.C. 1990, c. 71, and substituting the following:
(2) The superintendent may make regulations
(a) exempting classes of motor vehicles and areas of the Province from the program described in subsection (1),
(b) specifying air contaminants, and
(c) establishing exhaust emission standards and specifying the maximum levels of air contaminants that motor vehicles may emit into the outside atmosphere. ,
(c) in subsection (3), as enacted by section 5 of the Solicitor General Statutes Amendment Act, 1990, S.B.C. 1990, c. 71, by adding "subsection (2) or" before "section 45.2", and
(d) by adding the following subsections:
(4) The superintendent may, in respect of a motor vehicle that fails the prescribed test for motor vehicle compliance, certify the vehicle and issue a licence for a term of 3 months.
(5) A licence may be issued under subsection (4) only once in the 12 month period following the issue of the licence in respect of the same motor vehicle.
(6) For the purpose of this section and the regulations, the superintendent may authorize persons to certify vehicles.
4 Section 55 (1) and (1.1) is repealed and the following substituted:
(1) Subject to this section, the superintendent may issue a licence for a motor vehicle or trailer for a term greater than 11 months but not more than 12 months duration commencing at the beginning of the day on the effective date specified in the licence or at the time and date of validation specified in the licence, whichever is later, and expiring at the end of the day on the date specified in the licence as the expiry date unless the licence
(a) is earlier suspended, revoked, cancelled or surrendered,
(b) expires on an earlier date prescribed by regulation, or
(c) expires on an earlier date because the holder of a driver's licence is prohibited from driving a motor vehicle under this Act, the Young Offenders (British Columbia) Act or the Criminal Code.
(1.1) For the purpose of subsection (1), a licence issued on February 29 shall expire at the end of the day on February 28 of the following year.
(1.2) The superintendent may issue a licence for a term of 11 months or less for a motor vehicle or trailer that comes within a class of motor vehicles or trailers prescribed under section 211.1 (1) (j.1) (i) and may, subject to a regulation made under section 211.1 (1) (j.1) (ii), specify on the licence the time and dates on which the term of the licence commences and expires.
5 Section 56 is amended
(a) by adding the following subsection:
(1.1) Where under section 55 (1) a licence for a motor vehicle or trailer is issued in respect of the 1993 licence year, the licence fee shall be an amount calculated at the prescribed annual licence fee for the motor vehicle or trailer prorated for each month and fraction of a month in the term of the licence. ,
(b) by repealing subsection (2) (a) and substituting the following:
(a) an amount calculated at the prescribed annual licence fee for a motor vehicle or trailer of the same class prorated for each month and fraction of a month in the term of the licence, plus a surcharge if any is prescribed under section 211.1 (1) (j.2) for the licence, and , and
(c) in subsection (3) by striking out "subsection (2)," and substituting "subsections (1.1) and (2),".
6 Section 211.1 (1) is amended
(a) in paragraph (j.2) by striking out "under section 55 (1.1)" and substituting "under section 55 (1.2)",
(b) by adding the following paragraph:
(t.1) prescribing the form and manner of making an application to the superintendent for a driver's licence and driver's certificate, and providing for the examination and identification of persons applying to be licensed to drive a motor vehicle; ,
(c) in paragraph (v) (ii) by striking out "that the superintendent is required to take into account under section 124", and
(d) by repealing paragraph (ff) and substituting the following:
(ff) empowering a person employed by the ministry, designated by name or position, to exercise the powers and perform the duties of a constable or peace officer for the purpose of enforcing prescribed provisions of this Act, the Commercial Transport Act, the Highway Act, the Motor Carrier Act, the Motor Fuel Tax Act and the Transport of Dangerous Goods Act, and regulations made under any of them; .
7 Section 215.2 (a) is amended by adding "sold" after "displayed for sale,".
8 Section 1 of the Commercial Transport Act, R.S.B.C. 1979, c. 55, is amended by repealing the definition of "inspector" and substituting the following:
"inspector" means a person designated under the Motor Vehicle Act as a commercial transport inspector; .
9 Section 3 is amended by striking out "55 (1) and (1.1)," and substituting "55 (1) to (1.2),".
10 Section 14 is amended by repealing subsections (1) (m) and (3).
11 This Act comes into force by regulation of the Lieutenant Governor in Council.
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