1993 Legislative Session: 2nd Session, 35th Parliament
FIRST READING


The following electronic version is for informational purposes only.
The printed version remains the official version.


MR.  GARY FARRELL-COLLINS

BILL M 217 -- 1993

VEHICLE TRANSFER CONSUMER PROTECTION ACT

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

1 The Motor Vehicle Act is amended by adding the following section:

Vehicle transfer package

16.1 (1) Every person who sells, offers for sale or transfers a used motor vehicle shall provide a valid vehicle transfer package in respect of the vehicle for inspection by proposed purchasers or transferees and shall deliver the package to the purchaser or transferee at the time of sale or transfer of the vehicle.

Issuance of package

(2) The Ministry shall issue a vehicle transfer package in respect of any used motor vehicle to any registered vehicle owner who applies therefore and pays the prescribed fee.

Permit for vehicle

(3) The purchaser or transferee of the used motor vehicle shall deliver the vehicle transfer package mentioned in subsection (1) to the Ministry before obtaining from the Ministry a new permit for the vehicle.

Offence

(4) Every person who fails to comply with subsection (1) is guilty of an offence and on conviction is liable to a fine of not less than $100 and not more than $500 on a first conviction and not less than $200 and not more than $1,000 on each subsequent conviction.

Power to make regulations

(5) For the purposes of effecting the amendment provided for in this Act, the Lieutenant Governor in Council may make regulations, including regulations

(a) defining "used motor vehicle" and "vehicle transfer package";

(b) prescribing the period of time during which a vehicle transfer package is valid after its is issued

(c) prescribing and providing for the payment of fees for the issuance of vehicle transfer packages;

(d) exempting any class of sellers, transferors, purchasers, or transferees from the application of subsection (1).

2 The Personal Property Security Act is amended by adding the following sections:

Vehicle transfer package

48.1 (1) The registrar shall issue a vehicle transfer package in respect of any used motor vehicle to any registered vehicle owner who applies therefore and pays the prescribed fee.

Definition

(2) In this section "used motor vehicle" and "vehicle transfer package" shall have the same meaning as in section 16.1 of the Motor Vehicle Act.

Abbreviated certificate

(3) For the purposes of a vehicle transfer package, the registrar may issue an abbreviated certificate under section 48 of the Personal Property Security Act and such abbreviated certificate shall confer all the rights and liabilities that apply in respect of certificates under such section.

 
Explanatory Notes

New section 16.1 of the Motor Vehicle Act will require a person who sells or transfers a used motor vehicle to deliver to the buyer or transferee a vehicle transfer package.

Vehicle transfer packages shall be available to the public from the Motor Vehicle Branch and from the registrar of personal property security.

A purchaser or transferee of a used motor vehicle will be required to produce the vehicle transfer package for the vehicle before obtaining a permit for the vehicle under the Motor Vehicle Act.

The contents of the vehicle transfer package will be defined by regulation. Fees for the package will be prescribed by regulation.

Provision is also made for regulations exemptions from the requirements related to vehicle transfer packages.


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