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

1 Part 3 of the Workers Compensation Act, R.S.B.C. 1996 c. 492 is amended by adding the following section:

Seat belts

124.1  (1) A vehicle used to transport workers must have seats with full seat backs and seat belts of the 3 point variety.

(2) Workers must wear seat belts when being transported in a vehicle.

2 Part 3 of the Workers Compensation Act, R.S.B.C. 1996 c. 492 is amended by adding the following section:

Worker transportation vehicles

124.2  (1) The maximum occupancy of a vehicle used to transport workers shall be established through WorkSafe BC and the Motor Vehicle Act.

(2) A vehicle used to transport workers shall be identified as a worker transportation vehicle and shall display the maximum occupancy information as established by WorkSafe BC and the Motor Vehicle Act on the front, rear, and both sides of the vehicle.

(3) Any modification or alteration to the seats or seatbelts of a vehicle used to transport workers shall be done by a licensed technician and comply with the safety standards prescribed by WorkSafe BC and the Motor Vehicle Act, including the maximum occupancy of that vehicle as established by subsection (2).

(4) A vehicle used to transport workers shall have passenger windows.

(5) A passenger window in a vehicle used to transport workers shall not have any material affixed that reduces the light transmitted through that window.

3 The Motor Vehicle Act, R.S.B.C. 1996 is amended in Section 220 [seat belt assembly] by adding the following section:

220  (5) All vehicles used to transport workers to and from job sites must have adequate seating and a seat belt assembly for every passenger.

4 The Motor Vehicle Act, R.S.B.C. 1996 is amended in Section 15 [notice of changes made in Motor vehicle] by adding the following section:

15  (1) (f) modifying seats or seat belts,

15  (3) A person found violating 15 (1) (f) commits an offence under this Act and is liable to a penalty not greater than the penalties provided under the Offence Act.

5 The Motor Vehicle Act, R.S.B.C. 1996 is amended in Section 217 [inspections] by adding the following sections:

217  (4) notwithstanding 217 (1) (a) officers of Worksafe BC are authorised to inspect motor vehicles at all times during their operation, either as part of inter-agency teams, or of the initiative of the director of Worksafe BC.

217  (5) Every peace officer, officer or constable of the Royal Canadian Mounted Police or the police department of a municipality or inspector authorized under section 217 (1) (a) to inspect motor vehicles may enforce requirements under the Workers Compensation Act, and its regulations.

217  (6) Every peace officer, officer or constable of the Royal Canadian Mounted Police or the police department of a municipality or inspector authorized under section 217 (1) (a) to inspect motor vehicles who discovers a vehicle being operated above its passenger capacity, or without adequate seat belt assemblies may impound the vehicle and may hold it until the receipt of instructions from the corporation as to its disposal; and may fine the driver a minimum fine of $500, or other greater amounts as determined by the Lieutenant governor in council.

6 The Motor Vehicle Act, R.S.B.C. 1996 is amended in Section 28 (1) [inspection of vehicles and refusal of licence or permit] by adding the following section:

28  (1) (b) (3) The Insurance Corporation of British Columbia may refuse to issue a permit for a motor vehicle or a licence to a driver if either the driver or the vehicle have been involved in a violation of 15 (1) (f) , or 217 (5) and (6).

 
Explanatory Notes

This bill will amend the Workers Compensation Act and the Motor Vehicle Act to increase the safety of workers who are transported in vehicles.