New laws passed by federal government

The Government of Canada has passed legislation to legalize and regulate the sale and use of cannabis (Bill C-45) and to update motor vehicle-related sections of the Criminal Code of Canada, including sections related to impaired driving (Bill C-46).

The legislation introduces:

• three new Criminal Code offences that set the legal blood drug concentration limits (BDC) for THC. The new offences mean that if you have 2 nanograms (ng) or more of THC in your system while driving, you are breaking the law. The punishment increases the more THC you have in your system, and especially if combined with alcohol.
• the ability for police to use saliva drug testing during roadside checks to determine if THC is present in your system. If so, police can then require a blood test at the police station to confirm the amount and potentially press charges.

Penalties for drug-affected driving

As with alcohol, if you’re suspected of drug-affected driving, police can suspend your driver’s licence and prohibit you from driving.

Penalties for cannabis-impaired driving depend on the amount of THC and/or alcohol in your system, and the number of times you’re charged. Penalties include fines, points on your licence, and even jail time for multiple offences.

For example, if you have 2ng - 5ng THC while driving, this offence carries a maximum $1000 fine, but the fine for having more than 5ng THC starts at $1000 and can escalate from there. Repeat offences can carry even more significant penalties, including imprisonment.  

In B.C., a conviction for being affected by drugs while driving may also mean you are subject to ICBC’s Driver Risk Premium and Driver Penalty Point Premium, and Road Safety BC’s Driver Improvement Program.

Zero-tolerance for L and N drivers

As with alcohol, Learner and Novice drivers are not allowed to have any amount of certain drugs including THC in their system while driving. Violating this restriction will result in a suspension of driving privileges. Learner and Novice drivers could also be subject to other penalties under the Motor Vehicle Act or Criminal Code.

Appealing a roadside prohibition

If you receive a roadside driving prohibition for being affected by drugs while driving, you can request RoadSafetyBC to review it to have the prohibition removed from your driving record. This now includes 24-hour driving prohibitions, which previously had been ineligible for review.

Requests for a review must be submitted within 7 days and a fee will apply.

An offence committed on or after December 18, 2018 under any of the following provisions of the Criminal Code:

• (i) section 320.13 (1) [dangerous operation];
• (ii) section 320.13 (2) [dangerous operation causing bodily harm];
• (iii) section 320.13 (3) [dangerous operation causing death];
• (iv) section 320.14 (1) (a) [operation of motor vehicle while impaired by alcohol or a drug];
• (v) section 320.14 (1) (b) [operation of motor vehicle and having blood alcohol concentration equal to or exceeding 80 milligrams of alcohol in blood];
• (vi) section 320.14 (1) (c) [operation of motor vehicle and having blood drug concentration equal to or exceeding prescribed value];
• (vii) section 320.14 (1) (d) [operation of motor vehicle and having blood alcohol concentration and blood drug concentration equal to or exceeding prescribed values];
• (viii) section 320.14 (2) [operation of motor vehicle while impaired by alcohol or a drug and causing bodily harm];
• (ix) section 320.14 (3) [operation of motor vehicle while impaired by alcohol or a drug and causing death];
• (x) section 320.14 (4) [operation of motor vehicle and having blood drug concentration in prescribed range];
• (xi) section 320.15 (1) [failure or refusal to comply with demand];
• (xii) section 320.15 (2) [causing accident resulting in bodily harm and failure or refusal to comply with demand];
• (xiii) section 320.15 (3) [causing accident resulting in death and failure or refusal to comply with demand];
• (xiv) section 320.16 (1) [failure to stop after accident];
• (xv) section 320.16 (2) [failure to stop after accident resulting in bodily harm];
• (xvi) section 320.16 (3) [failure to stop after accident resulting in death];
• (xvii) section 320.17 [flight from peace officer];
• (xviii) section 320.18 (1) [operation while prohibited].

We will go into more depth highlighting the most relevant information from the Motor Vehicle Act. Remember this though, it is your responsibility as a driver to know the full extent of the law. So while we will highlight some things it is your responsibility to know more.

Division 3 — Display and Use of Number Plates

Prohibition

3.01  A person must not drive or operate a vehicle on a highway unless displayed on it are

(a) number plates in accordance with this Division, and

(b) if a validation decal is issued for attachment to a number plate, the validation decal in accordance with this Division.

Attachment of number plates

3.011  Number plates issued for a vehicle under the Commercial Transport Act or Motor Vehicle Act must be attached

(a) one plate to the front and one plate to the rear of the vehicle, if 2 number plates are issued for a vehicle, and

(b) to the rear of the vehicle, if a single number plate is issued for a vehicle.

Application to off-road vehicles

3.0111  Section 3.011 does not apply to an off-road vehicle registered under the Off-Road Vehicle Act and displaying a number plate or number sticker issued under that Act.

Attachment of validation decal

3.012  If a validation decal is issued under the Commercial Transport Act or Motor Vehicle Act for attachment to a number plate, it must be attached

(a) in the case of a motor vehicle licensed under the Commercial Transport Act that has a licensed gross vehicle weight exceeding 5 500 kg, to the place provided on the front number plate,

(a.1) in the case of an off-road vehicle registered under the Off-Road Vehicle Act, on the number plate or number sticker issued under that Act, or

(b) in the case of any other vehicle, to the place provided on the rear number plate.

Number plates in horizontal position

3.02  A number plate shall at all times be securely fastened in a horizontal position to the vehicle for which it is issued.

Vertical position permitted for motorcycles

3.021  Despite section 3.02, a number plate may be attached in vertical position on the left front fork of a motorcycle, with the first number or letter at the bottom of the fork.

Plates to be unobstructed

3.03  A number plate must be kept entirely unobstructed and free from dirt or foreign material, so that the numbers and letters on it may be plainly seen and read at all times and so that the numbers and letters may be accurately photographed using a speed monitoring device or traffic light safety device prescribed under section 83.1 of the Act.

Division 4 — Lamps

Hours prescribed for lighted lamps

4.01  A person who drives or operates a vehicle on a highway must illuminate the lamps required by this Division

(a) from 1/2 hour after sunset to 1/2 hour before sunrise, and

(b) at any other time when, due to insufficient light or unfavourable atmospheric conditions, objects on the highway are not clearly discernible at a distance of 150 m.

General lighting requirements

4.02  (1) A vehicle on a highway must only be equipped with and use lamps, reflectors or other illuminating devices authorized by this Division or authorized in writing by the director.

(2) A vehicle on a highway must be equipped with lamps equivalent to those provided by the original manufacturer in accordance with the requirements that applied under the Motor Vehicle Safety Act (Canada), or a predecessor to that Act, at the time of vehicle manufacture.

(3) All lamps, lamp bulbs and reflectors required or permitted by this Division must comply with

(a) the approved standards established by the Motor Vehicle Safety Act (Canada) and the applicable SAE standards,

(b) the conditions of use described in this Division, and

(c) the requirements of Table 1 of the Schedule to this Division.

(4) The function of 2 or more lamps or reflectors may be combined if each function meets the following requirements:

(a) no turn signal lamp may be combined optically with a stop lamp unless the stop lamp is extinguished when the turn signal is flashing;

(b) a clearance lamp must not be combined optically with a tail-lamp or identification lamp.

(5) The director may exempt vehicles or classes of vehicles from the requirements of this section.

Stop lamps

4.17  (1) A motor vehicle, trailer or semitrailer on a highway must be equipped with 2 stop lamps, mounted on the rear of the motor vehicle, trailer or semitrailer, that are visible to the rear on both sides of the motor vehicle, trailer or semitrailer at an angle of 45° from the longitudinal axis of the motor vehicle, trailer or semitrailer.

(2) Despite subsection (1),

(a) a motorcycle may be equipped with only one stop lamp, and

(b) a vehicle manufactured before January 1, 1959 may be equipped with only one stop lamp.

(3) A stop lamp must be

(a) capable of displaying only red light visible from a distance of 100 m to the rear of the vehicle in normal sunlight,

(b) illuminated exclusively upon application of the service brake, and

(c) mounted on the vehicle at a height not less than 38 cm and not more than 1.83 m.

(4) Subsection (3) (c) does not apply to vehicles being towed by a tow car.

(5) A vehicle may be equipped with one additional centre-mounted stop lamp that is capable of displaying only red light visible to the rear.

(6) A public passenger vehicle may be equipped with 2 supplemental rear stop lamps.

(7) A tow car may be equipped with 2 supplemental rear stop lamps mounted within the maximum allowable vehicle height (4.15 m) and as far forward as the rear of the cab.

(8) A vehicle which is being transported in a drive-away/tow-away operation, or is being towed by a tow car, must be equipped with and illuminate 2 stop lamps that are synchronized with the stop lamps of the towing vehicle when the tow vehicle stop lamps are illuminated.

Division 5 — Brakes

Brakes required

5.01  No person shall drive or operate a vehicle upon a highway unless the vehicle is equipped with brakes and equipment as required by these regulations.

Emergency or parking brakes

5.03  (1) A motor vehicle, except a motorcycle, and a combination of vehicles shall be equipped with an emergency braking system or a parking brake which, when applied, will alone stop and hold stationary the motor vehicle or combination of vehicles.

Division 7 — Other Equipment

Horn

7.02  (1) Subject to subsection (2), every motor vehicle shall be equipped with a horn which will emit sound audible under normal conditions from a distance of 60 m, but no horn shall emit an unreasonably loud or harsh sound or a whistle.

Sirens and theft alarms

(2) No vehicle shall be equipped with a siren, whistle or bell unless

(a) the vehicle is an emergency vehicle,

(b) the device is a siren, horn or theft alarm signal for the use of which the driver or operator of the vehicle has received written permission from the director and which is used in accordance with the conditions set forth in writing by the director, or

(c) the device is a theft alarm comprised of a bell, horn or buzzer.

Muffler

7.03  (1) A motor vehicle propelled by an internal combustion engine shall be equipped with an exhaust muffler consisting of a series of pipes or chambers which ensures that the exhaust gases from the engine are cooled and expelled without excessive noise.

Cut-outs prohibited

(2) No person shall drive or operate a motor vehicle propelled by an internal combustion engine when the muffler with which the vehicle is equipped is cut out or disconnected from the engine.

Part removal prohibited

(3) No person shall drive or operate a motor vehicle propelled by an internal combustion engine equipped with a muffler from which has been removed any baffle plate or other part.

Alteration prohibited

(4) No person shall drive or operate a motor vehicle propelled by an internal combustion engine equipped with a muffler the exhaust outlet of which has been opened or widened.

Noise increase or flames prohibited

(5) No person shall drive or operate a motor vehicle propelled by an internal combustion engine equipped with a muffler or exhaust system to which is attached any device which increases the noise of the expulsion of the gases from the engine or allows a flame to be emitted from the exhaust system.

Mirrors

7.04  (1) Subject to subsections (3) and (4), every motor vehicle shall be equipped with an inside mirror that provides the driver with an undistorted reflected view of the highway directly to the rear of the vehicle extending to the horizon from a point on the road surface not more than 61 m behind the vehicle.

(2) In addition to the requirements of subsections (1) and (3), every motor vehicle manufactured after January 1, 1973 shall be equipped with an outside mirror on the driver's side that provides the driver with an undistorted reflected view of the adjacent lane of the highway rearward to the horizon from a point on the road surface 11 m behind the driver.

(3) Where the inside mirror of a motor vehicle does not provide the view required by subsection (1), the vehicle shall be equipped with a second outside mirror on the side of the vehicle opposite the driver and in that case the inside mirror may be removed.

(4) Where a trailer or semitrailer in a combination of vehicles diminishes the driver's reflected rear view through the rear view mirrors required by subsections (1) to (3), the towing vehicle in the combination of vehicles shall be equipped with 2 mirrors, one affixed to each side of the motor vehicle, and each to provide the driver with an undistorted reflected view of the adjacent lane of the highway from a point on the road surface 11 m behind the driver to a point on the road surface 61 m from the rear of the combination of vehicles.

Windshields and windows

7.05  (1) No person shall drive or operate on a highway a motor vehicle the windshield or any window of which is in such condition that the vision of the driver is impaired.

Windshield stickers

(2) No person shall drive or operate a vehicle on a highway while his view of the highway or of any intersecting highway is unduly obstructed by any windshield sticker, sign, poster or other thing or material placed over or affixed to the windshield or any window of the vehicle.

Windshield wiper

(3) A motor vehicle other than a motorcycle equipped with a windshield shall also be equipped with a device which is effective for clearing rain, snow or other moisture from the windshield.

Windshield and windows, replacing glass

(4) No person shall replace, or cause to be replaced, any glass in a door or windshield or window of a motor vehicle or a camper except with safety glass, provided that glass replaced in a windshield of a motor vehicle shall not be heat treated or case hardened glass.

Windshield and windows, new vehicles

(5) No person shall sell any new motor vehicle unless the glass in the windshield and all the doors and all the windows with which the vehicle is equipped is safety glass, provided that the glass in the windshield shall not be heat treated or case hardened glass.

(6) On and after January 1, 1968, no person shall sell a new camper unless the glass in all the doors and all the windows with which the camper is equipped is safety glass.

(7) A bus manufactured prior to January 1, 1971, shall be equipped with a device for preventing or removing ice or condensation from the inside of the windshield.

(8) No person shall drive or operate on a highway a motor vehicle which has affixed to or placed on the windshield or a window any material that reduces the light transmitted through the windshield or window unless the material is affixed to or placed on

(a) the windshield but not more than 75 mm below the top of the windshield,

(b) a side window that is behind the driver, or

(c) the rear window if the motor vehicle is equipped with outside rear view mirrors on the left and right side of the motor vehicle.

(9) If a motor vehicle contains manufactured glass, tinting contained within the glass must meet the minimum light transmittancy requirements under the Canadian Motor Vehicle Safety Standards.

Safety belts

7.13  (1) In this section "safety belt" means a single occupancy safety seat belt for use in a motor vehicle.

(2) The manufacturer of a safety belt assembly shall not sell the assembly or offer it for sale unless

(a) it conforms to the standard of performance for safety belt assemblies made by the Society of Automotive Engineers or the Canadian Standards Association, and

(b) it bears an identifying mark showing compliance with the standard of performance for safety belt assemblies made by the Society of Automotive Engineers or the Canadian Standards Association, as the case may be.

(3) No person shall sell or offer for sale a safety belt assembly unless the assembly bears an identifying mark as required in subsection (2) (b).

Division 23 — Traffic Control Devices

We've already reviewed Road Signage but we're going to review them again under the definitions of the Motor Vehicle Act so that we can help increase your ability to recognize these on the road.

Drivers with more driving offences or convictions get involved in more crashes than other drivers. If you’ve accumulated points on your driving record, you could receive a bill for a driver premium. There are two different driver premium programs, both of which are assessed annually – the Driver Penalty Points Premium and the Driver Risk Premium.

Division 28 — Point System

Point penalties on driving record

28.01  If a person is convicted of an offence, the Insurance Corporation of British Columbia must record on the driving record of that person the number of point penalties for that offence as set out in the Schedule to this Division.

Table 1

For breaches listed in this table, the number of point penalties recorded shall be 2.

Motor Vehicle Act Description of Offence

• 1 Section 121 Driving maintenance or construction vehicle without due regard for safety
• 2 Section 123 Fail to obey police direction
• 3 Section 125 Disobey traffic control device
• 4 Section 127 (1) (a) (ii) Fail to yield to pedestrian
• 5 Section 127 (1) (a) (iii) Fail to yield to vehicle
• 6 Section 128 (1) (a) Yellow light at intersection
• 6.1 Section 128 (1) (a) Yellow light, intersection — no stop before intersection
• 7 Section 128 (2) (a) Yellow light — no intersection
• 8 Section 129 (1) Red light at intersection
• 9 Section 129 (3) Fail to yield — right turn — red light
• 10 Section 129 (4) (b) Fail to yield — left turn — red light
• 11 Section 129 (5) (a) Red light — no intersection
• 12 Section 130 (1) (a) Disobey green arrow
• 13 Section 130 (1) (a) Fail to yield on green arrow
• 13.1 Section 130 (2) (a) (i) Fail to stop — yellow arrow — crosswalk
• 13.2 Section 130 (2) (a) (ii) Fail to stop — yellow arrow — intersection
• 13.3 Section 130 (2) (b) Fail to yield — yellow arrow — pedestrian
• 14 Section 131 (1) (a) Flashing red light at intersection
• 15 Section 131 (2) (a) Flashing red light — no intersection
• 16 Section 131 (3) (a) Yellow flashing light at intersection
• 17 Section 131 (4) (a) Yellow flashing light — no intersection
• 18 Section 131 (5) (a) Fail to yield at green flashing light
• 19 Section 134 Failing to obey lane direction control signal
• 20 Section 143 Drive over newly painted lines
• 21 Section 151 (a) Unsafe lane change
• 22 Section 151 (b) Lane change solid line
• 23 Section 151 (c) Change lanes without signal
• 24 Section 151 (d) Left turn from wrong lane
• 25 Section 151 (e) Right turn from wrong lane
• 27 Section 151 (f) Illegal pass on laned roadway
• 28 Section 151 (g) Slow moving in wrong lane
• 29 Section 158 (1) Pass on right
• 30 Section 158 (2) (a) Unsafe pass on right
• 31 Section 158 (2) (b) Pass on right off roadway
• 32 Section 161 Disobey traffic sign or signal
• 33 Section 166 Improper left turn — no intersection
• 34 Section 167 Improper right turn — no intersection
• 35 Section 168 (a) Unsafe U-turn
• 36 Section 168 (b) (iii) Prohibited U-turn
• 36.1 Section 168 (b) (iv) U-turn — intersection
• 36.2 Section 168 (b) (v) U-turn — business district
• 37 Section 169 Unsafe start
• 38 Section 170 (1) No signal on turn
• 39 Section 170 (2) Inadequate signal on turn
• 40 Section 170 (3) Fail to signal stop or decrease in speed
• 41 Section 171 (2) Drive vehicle without signal device
• 42 Section 172 (2) No proper signalling equipment for right-hand drive vehicle
• 43 Section 173 Fail to yield at uncontrolled intersection
• 44 Section 173 Disobey yield sign
• 45 Section 174 Fail to yield on left turn
• 46 Section 174 Fail to yield to left turn vehicle
• 47 Section 175 (1) Fail to yield after stop
• 48 Section 175 (2) Fail to yield to vehicle leaving stop
• 49 Section 176 (1) Emerging vehicle fail to stop
• 50 Section 176 (2) Emerging vehicle fail to yield
• 51 Section 181 Failing to exercise duty to pedestrian
• 52 Section 185 (1) Fail to stop at railway crossing
• 53 Section 185 (1) Leave railway crossing unsafely
• 54 Section 185 (2) Drive past railway crossing gate
• 55 Section 185 (4) (e) Commercial vehicle — no stop at railway
• 56 Section 185 (5) Fail to proceed with caution at railway crossing
• 57 Section 193 Reverse into intersection
• 58 Section 193 Reverse when unsafe
• 59 Section 194 (1) Operate motorcycle — not on seat
• 60 Section 194 (4) (a) Permit passenger under 16 to be unlawfully seated
• 61 Section 194 (10) Operate motorcycle more than 2 abreast
• 62 Section 196 Improper operation of vehicle on canyon defile or on mountain road
• 63 Section 197 Coasting down grade illegally
• 64 Section 198 Follow fire truck too closely
• 65 Section 198 Park near fire truck
• 66 Section 199 Drive over fire hose
• 67 Section 200 Drive on sidewalk
• 68 Section 203 (1) Open door while unsafe

Table 2

For breaches listed in this table, the number of point penalties recorded shall be 3.

Motor Vehicle Act Description of Offence

• 1 Section 24 (1) No driver's licence
• 2 Repealed. [B.C. Reg. 107/2016, s. 2.]
• 3 Section 25 (15) Drive contrary to driver's licence restriction
• Item 3 does not apply to an offence for violating a specific driver's licence requirement,
• restriction or condition that is set out in another item in a table to the Schedule.
• 4 Section 68 Failing to fulfill duty of driver involved in accident
• 5 Section 73 (1) Fail to stop for police
• 6 Section 73 (2) Fail to state name and address
• 7 Section 140 Disobey construction signs
• 8 Section 141 Disobey flagman
• 9 Section 144 (1) (c) Speed relative to conditions
• 10 Section 145 (1) Slow driving
• 11 Section 146 (1) Speed in municipality
• 12 Section 146 (1) Speed outside municipality
• 13 Section 146 (3) Speed against highway sign
• 14 Section 146 (5) Speed against area sign
• 15 Section 146 (7) Speed against municipal sign
• 16 Section 146 (11) Speed on municipal lane
• 17 Section 147 (1) Speed in school zone
• 18 Section 147 (2) Speed in playground zone
• 18.1 Section 148 (1) Excessive speed
• 19 Section 149 Fail to stop for school bus
• 20 Section 150 (1) Fail to keep right
• 21 Section 150 (2) Slow vehicle not on right
• 22 Section 150 (3) Fail to keep right of rotary traffic island
• 22.1 Section 151.1 (3) Improper use of leftmost lane
• 23 Section 154 Passing when meeting oncoming vehicle
• 24 Section 155 (1) (a) Cross solid double line
• 25 Section 155 (1) (b) (i) Fail to keep right of double broken/solid line
• 26 Section 155 (1) (b) (ii) Cross solid broken line
• 27 Section 155 (1) (c) Fail to keep right of single broken or solid line
• 28 Section 157 (1) (a) Fail to pass at safe distance
• 29 Section 157 (1) (b) Fail to complete pass safely
• 30 Section 157 (2) (a) Fail to yield to passing vehicle
• 31 Section 157 (2) (b) Increase speed while being passed
• 32 Section 159 Unsafe pass on left
• 33 Section 160 Pass without clear view
• 34 Section 162 (1) Follow too closely
• 35 Section 162 (2) Commercial vehicle — follow too closely
• 36 Section 162 (3) Fail to leave sufficient space between vehicles for passing purposes
• 37 Section 163 (a) Drive over highway divider
• 38 Section 163 (b) Fail to keep right on divided highway
• 39 Section 164 (1) Enter controlled access highway
• 40 Section 164 (2) Leave controlled access highway
• 41 Section 165 (5) Improper turn at intersection
• 42 Section 177 Fail to yield for emergency vehicle
• 43 Section 179 (1) Fail to yield to pedestrian
• 44 Section 179 (3) Pass vehicle yielding for pedestrian
• 45 Section 179 (4) Disobey school guard
• 46 Section 179 (4) Disobey school patrol
• 47 Section 186 Disobey stop sign
• 48 Section 195 (1) (a) Drive while control obstructed
• 49 Section 195 (1) (b) Drive while view obstructed
• 50 Section 195 (2) Obstruct driver
• 50.1 Repealed. [B.C. Reg. 107/2016, s. 2.]
• 51 Repealed. [B.C. Reg. 107/2016, s. 2.]
• 
  

Motor Vehicle Act Regulations Description of Offence

• 1 Section 7A.01 Unnecessary noise
• 2 Section 47.02 Fail to slow down or move over near stopped official vehicle

Table 2.1

For breaches listed in this table, the number of point penalties recorded shall be 4.

Motor Vehicle Act Description of Offence

• 1 Section 214.2 (1) Use an electronic device while driving
• 2 Section 214.2 (2) Email or text while driving

Motor Vehicle Act Regulations Description of Offence

• 1 Section 30.072 (1) (a) Use an electronic device while driving in violation of driver's licence restriction (section 25 (15) Motor Vehicle Act)
• 2 Section 30.072 (1) (b) Email or text while driving in violation of driver's licence restriction (section 25 (15) Motor Vehicle Act)

Table 3

For breaches listed in this table, the number of point penalties recorded shall be 6.

Motor Vehicle Act Description of Offence

• 1 Section 144 (1) (a) Careless driving
• 2 Section 144 (1) (b) Driving without reasonable consideration

Criminal Code Description of Offence

• 1 Section 253 (3) (b) Operation of motor vehicle with blood drug concentration in prescribed range
• 2 Section 320.14 (4) Operation of motor vehicle and having blood drug concentration in prescribed range

Table 4

For breaches listed in this table, the number of point penalties recorded shall be 10.

Motor Vehicle Act Description of Offence

• 1 Section 90.4 Driving while suspended
• 2 Section 95 Driving while prohibited or suspended
• 3 Repealed. [B.C. Reg. 257/98, App. 1, s. 4.]
• 4 Section 100 Failing to stop for peace officer
• 5 Section 102 Driving while prohibited or suspended
• 6 Section 103 Driving while suspended
• 7 Section 224 Driving with more than 80 milligrams of alcohol in blood
• 8 Section 226 Refusal to give blood sample
• 9 Section 234 (1) Driving while suspended
• Criminal Code Description of Offence
• 1 Section 220 Causing death by criminal negligence
• 2 Section 221 Causing injury by criminal negligence
• 3 Section 233 (1) Criminal negligence
• 4 Section 233 (2) Failing to fulfill duty of person having care, charge or control of
• vehicle involved in accident
• 5 Section 233 (4) Dangerous driving
• 6 Section 234 Driving while ability impaired
• 7 Section 235 Breath sample not provided
• 8 Section 236 Driving with more than 80 milligrams of alcohol in blood
• 9 Section 236 Manslaughter
• 10 Section 249 (1) (a) Dangerous operation of a motor vehicle
• 11 Section 249 (3) Dangerous operation causing bodily harm
• 12 Section 249 (4) Dangerous operation causing death
• 12.1 Section 249.1 (1) Flight
• 12.2 Section 249.1 (3) Flight causing bodily harm or death
• 12.3 Section 249.2 Causing death by criminal negligence (street racing)
• 12.4 Section 249.3 Causing bodily harm by criminal negligence (street racing)
• 12.5 Section 249.4 Dangerous operation of a motor vehicle while street racing
• 13 Section 252 (1) Failure to stop at scene of accident
• 14 Section 253 (1) (a) Operation of motor vehicle while ability impaired by alcohol or drugs
• 15 Section 253 (1) (b) Operation of motor vehicle with more than 80 milligrams of alcohol in blood
• 15.1 Section 253 (3) (a) Operation of motor vehicle with blood drug concentration equal to or exceeding prescribed value
• 15.2 Section 253 (3) (c) Operation of motor vehicle with blood alcohol concentration and blood drug concentration equal to or exceeding prescribed values
• 16 Section 254 (5) Failure or refusal to provide sample of breath or blood
• 17 Section 255 (2) Operation of a motor vehicle while impaired causing bodily harm
• 17.1 Section 255 (2.1) Causing bodily harm while driving with more than 80 milligrams of alcohol in blood
• 17.2 Section 255 (2.2) Causing bodily harm and failure or refusal to provide sample of breath or blood
• 18 Section 255 (3) Operation of a motor vehicle while impaired causing death
• 18.1 Section 255 (3.1) Causing death while driving with more than 80 milligrams of alcohol in blood
• 18.2 Section 255 (3.2) Causing death and failure or refusal to provide sample of breath or blood
• 19 Section 259 (4) Operation of motor vehicle while disqualified
• 20 Section 320.13 (1) Dangerous operation
• 21 Section 320.13 (2) Dangerous operation causing bodily harm
• 22 Section 320.13 (3) Dangerous operation causing death
• 23 Section 320.14 (1) (a) Operation of motor vehicle while impaired by alcohol or a drug
• 24 Section 320.14 (1) (b) Operation of motor vehicle and having blood alcohol concentration equal to or exceeding 80 milligrams of alcohol in blood
• 25 Section 320.14 (1) (c) Operation of motor vehicle and having blood drug concentration equal to or exceeding prescribed value
• 26 Section 320.14 (1) (d) Operation of motor vehicle and having blood alcohol concentration and blood drug concentration equal to or exceeding prescribed values
• 27 Section 320.14 (2) Operation of motor vehicle while impaired by alcohol or a drug and causing bodily harm
• 28 Section 320.14 (3) Operation of motor vehicle while impaired by alcohol or a drug and causing death
• 29 Section 320.15 (1) Failure or refusal to comply with demand
• 30 Section 320.15 (2) Causing accident resulting in bodily harm and failure or refusal to comply with demand
• 31 Section 320.15 (3) Causing accident resulting in death and failure or refusal to comply with demand
• 32 Section 320.16 (1) Failure to stop after accident
• 33 Section 320.16 (2) Failure to stop after accident resulting in bodily harm
• 34 Section 320.16 (3) Failure to stop after accident resulting in death
• 35 Section 320.17 Flight from peace officer
• 36 Section 320.18 (1) Operation while prohibited

Division 30 — Drivers' Licences

(g) Class 5 licence permits

(i) operation of a motor vehicle or combination of vehicles for which a Class 7 licence is required, and

(ii) if permitted on the licence, operation of a combination of vehicles referred to in paragraph (c) (ii) or (iii) that are without air brakes even if the towed vehicles in that combination exceed 4 600 kg;

(h) Class 5L licence is a learner's licence that, subject to the applicable conditions and restrictions under sections 30.06 (1) and 30.09 (8) and (9), permits operation of a motor vehicle or combination of vehicles for which a Class 5 licence referred to in paragraph (g) (i) is required;

Age of driver and expiry of learner's licence

30.04  (1) The holder of a driver's licence must be at least

(a) 16 years of age for a Class 5, 5L, 6, 6L, 7, 7L, 8 or 8L licence,

Minimum driving experience, skills and other qualifications

An applicant for a Class 5 licence must

(a) hold or have held a Class 1, 2, 3 or 4 licence,

(b) have held a Class 5 licence,

(c) hold or have held a Class 7 licence issued before October 6, 2003 and have at least 18 months of non-learner driving experience, unless paragraph (c.1) or (c.2) applies,

(c.1) have held a Class 7 licence issued before October 6, 2003, and, if the applicant is, on that date, subject to a prohibition or suspension

(i) under section 93, 94.1, 98, 99, 100, or 232 of the Act, or

(ii) resulting from a conviction for a motor vehicle related Criminal Code offence, or from a conviction in any other jurisdiction for an offence that is similar to a motor vehicle related Criminal Code offence, as determined by the Insurance Corporation of British Columbia, have non-learner driving experience accumulated before the commencement of the prohibition or suspension, plus non-learner driving experience accumulated after the end of the prohibition or suspension that is uninterrupted by a prohibition or suspension referred to in subparagraph (i) or (ii), totalling at least 24 months,

(c.2) have held a Class 7 licence issued before October 6, 2003, and if the applicant is, on or after that date, prohibited or suspended

(i) under section 93, 94.1, 98, 99, 100, or 232 of the Act, or

(ii) as a result of a conviction for a motor vehicle related Criminal Code offence, or of a conviction in any other jurisdiction for an offence that is similar to a motor vehicle related Criminal Code offence, as determined by the Insurance Corporation of British Columbia, have at least 24 months of non-learner driving experience accumulated after the end of the prohibition or suspension that is uninterrupted by a prohibition or suspension referred to in subparagraph (i) or (ii),

(c.3) hold or have held a Class 7 licence issued on or after October 6, 2003, and have at least 24 months of non-learner driving experience that is uninterrupted by a prohibition or suspension

(i) under section 93, 94.1, 98, 99, 100, or 232 of the Act, or

(ii) as a result of a conviction for a motor vehicle related Criminal Code offence, or of a conviction in any other jurisdiction for an offence that is similar to a motor vehicle related Criminal Code offence, as determined by the Insurance Corporation of British Columbia, unless paragraph (c.1) or (c.2) applies,

(d) hold or have held a licence similar to a Class 1, 2, 3, 4, 5 or 7 licence issued by another jurisdiction, as determined by the Insurance Corporation of British Columbia, and have at least 2 years of non-learner driving experience, or

(e) hold a valid and subsisting Class 5L licence.

Accompanying adult conditions and passenger restrictions for learner's licence

30.06  (1)

A person to whom a Class 1L, 2L, 3L, 4L or 5L licence is issued, or a person to whom a Class 7L licence is issued before October 6, 2003, must not operate a motor vehicle of a category designated in section 30.01 (2) for the class of licence issued unless the person is accompanied by another person who

(a) is at least 19 years of age,

(b) holds a valid and subsisting driver's licence, other than a learner's licence or a Class 7 licence, of a class that permits him or her to operate a motor vehicle of that category, and

(c) occupies

(i) the seat beside the operator, or

(ii) the seat or area immediately behind and to the right of the operator, in the case of a motor vehicle of the category designated for the class of licence issued in which there is no seat beside the operator.

Division 36 — Child Seating and Restraint Systems

Definitions

36.01  

In this Division, the following definitions apply:

"booster seat" has the same meaning as "booster cushion" in the RSSR;

"child" means a person under age 9;

"designated seating position" means a seating position for which a seat belt assembly is provided or is required to be provided under the Act;

"MVSR" means the Motor Vehicle Safety Regulations, C.R.C., c. 1038, as amended from time to time;

"RSSR" means the Motor Vehicle Restraint Systems and Booster Cushions Safety Regulations, SOR/98-159, as amended from time to time.

Obligation on driver

36.03  (1) A person must not drive or operate on a highway a motor vehicle in which there is a child unless the driver or operator does the following:

(a) causes the child, other than a child referred to in paragraph (b), to be securely fastened in a designated seating position in the vehicle, in compliance with this Division, using

(i) an infant restraint system that complies with all the requirements set out in the RSSR, Schedule 4, CMVSS 213.1,

(ii) a child restraint system that complies with all the requirements set out in

(A) the RSSR, Schedule 3, CMVSS 213, if the child restraint system is not built into the vehicle, or

(B) the MVSR, Schedule IV, Part III, Standard 213.4, if the child restraint system is built into the vehicle,

(iii) a booster seat that complies with all the requirements set out in

(A) the RSSR, Schedule 5, CMVSS 213.2, if the booster seat is not built into the vehicle, or

(B) the MVSR, Schedule IV, Part III, Standard 213.4, if the booster seat is built into the vehicle, or

(iv) a seat belt assembly;

(b) causes the child, if the child has special needs or mobility impairments, to be securely fastened in the vehicle, in compliance with this Division, using

(i) an infant restraint system for infants with special needs that complies with all the requirements set out in the RSSR, Schedule 7, CMVSS 213.5, or

(ii) a restraint system for disabled persons that complies with all the requirements set out in the RSSR, Schedule 6, CMVSS 213.3;

(c) ensures that the child

(i) remains securely fastened, and

(ii) if the child is in a designated seating position, is the only occupant of that designated seating position.

(2) A child referred to in subsection (1) must be securely fastened as follows:

(a) in a restraint system or booster seat referred to in subsection (1) (a) (i), (ii) (A) or (iii) (A) or (b) in accordance with the device manufacturer's instructions for that restraint system or booster seat;

(b) in a restraint system referred to in subsection (1) (a) (ii) (B) or (iii) (B) in accordance with the vehicle manufacturer's instructions;

(c) in a seat belt assembly, in accordance with the vehicle manufacturer's instructions,

(i) with the pelvic restraint placed firmly across the hips of the child, and

(ii) with the upper torso restraint, if there is one, placed over the shoulder and across the chest of the child and closely against the child's body.

(3) A restraint system referred to in subsection (1) (a) (i) or (ii) (A) or (b) must be secured in the motor vehicle in accordance with the device manufacturer's instructions for that restraint system.

Infant restraint systems

36.04  (1) A child must be fastened in an infant restraint system used in a rearward facing position and specified by the manufacturer to be appropriate for the child's height and weight, until the child attains age one and weighs 9 kg or more.

(2) A child who has attained age one and weighs 9 kg or more may continue to be fastened in a restraint system referred to in subsection (1) until, according to the manufacturer's specifications, the restraint system is no longer appropriate for the child's height and weight.

(3) The restraint system referred to in subsection (1) or (2) must not be used in a designated seating position that has an active frontal airbag for that seat.

Child restraint systems

36.05  (1) A child who

(a) has attained age one,

(b) weighs 9 kg or more, and

(c) is not required, or permitted, to be fastened in an infant restraint system in accordance with section 36.04

must be fastened in a child restraint system used in a forward facing position and specified by the manufacturer to be appropriate for the child's height and weight, until the child weighs 18 kg or more.

(2) A child who has attained age one and weighs 18 kg or more may continue to be fastened in a restraint system referred to in subsection (1) until, according to the manufacturer's specifications, the restraint system is no longer appropriate for the child's height and weight.

Booster seats and seat belt assemblies

36.06  (1) A child who is no longer required, or permitted, to be fastened in a child restraint system in accordance with section 36.05 must be fastened on a booster seat, specified by the manufacturer to be appropriate for the child's height and weight, using the vehicle's seat belt assembly until the child reaches a height of 145 cm or more.

(2) If the vehicle has an available seat belt assembly with an upper torso restraint and a pelvic restraint, other than the driver's seat belt assembly, a child referred to in subsection (1) must be fastened on the booster seat using that seat belt assembly.

(3) Despite subsection (1), if none of the available seat belt assemblies in the vehicle have an upper torso restraint, other than the driver's seat belt assembly, then a child referred to in subsection (1) must be fastened without a booster seat using a seat belt assembly with a pelvic restraint.

(4) A child who has attained a height of 145 cm or more may continue to be fastened on a booster seat referred to in subsection (1) until, according to the manufacturer's specifications, the booster seat is no longer appropriate for the child's height and weight.

Seat belt assemblies

36.07  A child who is no longer required, or permitted, to be fastened in a booster seat in accordance with section 36.06 must be fastened

(a) in a seat belt assembly with an upper torso restraint and a pelvic restraint, if, other than the driver's seat belt assembly, there is one available in the vehicle, or

(b) in a seat belt assembly with a pelvic restraint, if, other than the driver's seat belt assembly, there is in the vehicle no available seat belt assembly with an upper torso restraint and a pelvic restraint.

Division 39 — Road Safety

Definition

39.001  In this Division, "designated seating position" means a seating position for which a seat belt assembly is provided or is required to be provided under the Act.

Passenger seating requirement

39.01  A person who is 16 years of age or more and in a vehicle being driven or operated on a highway must

(a) remain seated in a designated seating position, and

(b) be the only occupant of that designated seating position.

Driver responsibilities

39.02  A person must not drive or operate a vehicle on a highway if

(a) there is a person riding on the vehicle,

(b) there is more than one person occupying a designated seating position in the vehicle,

(c) there is a person in the vehicle who is not seated in a designated seating position,

(d) there are more designated seating positions than were provided by the manufacturer of the vehicle when the vehicle was originally manufactured, or

(e) there are more persons in the vehicle than there are designated seating positions.

Responsibilities of carrier, employer and owner

39.021  In respect of a vehicle operated on a highway, a carrier, as defined in section 37.01, an employer of the driver of a vehicle or of a passenger in the vehicle or the owner of the vehicle must not request, require or allow a person to drive or operate a vehicle

(a) that has more people in the vehicle than there are designated seating positions,

(b) in which for an available seating position a seat belt assembly required under the Motor Vehicle Safety Act (Canada) at the time the vehicle was manufactured, assembled or imported into Canada has been removed, is partly or wholly inoperative or modified so as to reduce its effectiveness, or

(c) that has more designated seating positions than were provided by the manufacturer of the vehicle when the vehicle was originally manufactured.

Prescribed electronic devices

3  (1) The following electronic devices are prescribed for the purposes of paragraph (c) of the definition of "electronic device" in section 214.1 of the Act:

(a) electronic devices that include a hands-free telephone function;

(b) global positioning systems;

(c) hand-held electronic devices, one of the purposes of which is to process or compute data;

(d) hand-held audio players;

(e) hand microphones;

(f) televisions.

(2) In subsection (1), "hand microphone" means a communication device consisting of a hand-held unit that

(a) is both receiver and microphone,

(b) is operated by a push and hold-to-talk function, and

(c) allows for oral communication, but not for the transmission and receipt of oral communication at the same time.

Installation of electronic devices

4  (1) Subject to sections 7 (1) (a) and 8 (3), an electronic device listed in subsection (2) must be installed

(a) so that it is securely fixed to the motor vehicle, and

(b) in a manner that does not obstruct the driver's view of the front or sides of the motor vehicle or interfere with the safety or operating equipment of the motor vehicle.

(2) The following electronic devices are listed for the purposes of subsection (1):

(a) global positioning systems;

(b) electronic devices that include a hands-free telephone function;

(c) televisions.

Persons carrying out powers, duties or functions

5  For the purposes of section 214.5 (a) of the Act, the following classes of persons may use an electronic device while exercising their powers, duties or functions:

(a) a person appointed under section 11 of the Canada Border Services Agency Act to conduct intelligence, investigation or enforcement work of the agency in the Intelligence Division, the Criminal Investigators Division or the Pacific Region Enforcement Centre;

(b) a person designated as a park warden under section 18 of the National Parks Act.

New drivers exempt from section 214.2 of the Act

6  Section 214.2 of the Act does not apply to a person to whom a Class 7 or 7L licence is issued.

Hands-free use of electronic device

7  (1) Subject to subsection (2), a person may use an electronic device in a hands-free telephone function while driving or operating a motor vehicle on a highway, if the device

(a) is installed in accordance with section 4 and within easy reach of the driver's seat, or worn securely on the person's body,

(b) is voice-activated or requires only one touch in order to initiate, accept or end a call, and

(c) in the case of a device that includes an earpiece, the earpiece is worn only in one ear.

(2) Subsection (1) (c) does not apply to a person who is driving or operating a motorcycle on a highway.

Global positioning system

8  (1) Subject to subsection (3), a person may use a global positioning system for navigation purposes while driving or operating a motor vehicle on a highway, if the system is

(a) installed in accordance with section 4 if subsection (3) of this section does not apply, and

(b) operated in accordance with this section.

(2) A person may use a global positioning system while driving or operating a motor vehicle on a highway, if the system

(a) is programmed before the person begins to drive or operate the motor vehicle, or

(b) can be programmed in a voice-activated manner.

(3) If a global positioning system is a hand-held type, a person may use the system while driving or operating a motor vehicle on a highway if, in addition to the requirements of subsection (2), the system

(a) is not held in the person's hand, and

(b) is securely fixed to the motor vehicle in a manner that does not obstruct the person's view of the front or sides of the motor vehicle or interfere with the safety or operating equipment of the motor vehicle.

Hand microphone

9  A person may use a hand microphone while driving or operating a motor vehicle on a highway if

(a) the device is within easy reach of the driver's seat, and

(b) is securely fixed to the motor vehicle or worn securely on the person's body in a manner that does not obstruct the person's view of the front or sides of the motor vehicle or interfere with the safety or operating equipment of the motor vehicle.

Hand-held audio player

10  A person may use a hand-held audio player while driving or operating a motor vehicle on a highway if

(a) the device

(i) is not held in the person's hand, and

(ii) is securely fixed to the motor vehicle or worn securely on the person's body in a manner that does not obstruct the person's view of the front or sides of the motor vehicle or interfere with the safety or operating equipment of the motor vehicle, and

(b) the sound is emitted through the speakers of the sound system of the motor vehicle.

Televisions

11  (1) Except as provided in subsection (2), a person must not drive or operate a motor vehicle on a highway in which the image displayed from a television in the vehicle is visible to the person.

(2) Subsection (1) does not apply if the image on the television displays pictures, information or data solely designed to assist the driver in the safe operation of the vehicle or the safety and security of its load or its passengers.

Division 47 — Speed Limits and Traffic Rules if Official Vehicle Parked on a Highway

Definition

47.01  (1) In this Division, "official vehicle" means a vehicle that

(a) is authorized under section 4.28 to display flashes of red, blue, white or amber light, and

(b) is displaying flashes of red, blue, white or amber light

(i) in accordance with any limits or conditions set out in section 4.28 or specified by the director under section 4.28 (1) (b),

(ii) while the vehicle is stopped on or on the side of a highway, and

(iii) while the vehicle's components are being operated, or a member of the vehicle's crew is working, on or on the side of the highway.

(2) Despite subsection (1), a school bus is not an official vehicle for the purposes of this Division.

When an official vehicle is stopped

47.02  (1) Subject to subsection (2), a person driving a motor vehicle on a highway in either direction must drive the motor vehicle at no more than the following rate of speed when approaching or passing an official vehicle:

(a) 70 km/h, if signs on the highway limit the rate of speed to 80 km/h or more;

(b) 40 km/h, if signs on the highway limit the rate of speed to less than 80 km/h;

(c) the rate of speed indicated on the signs, if signs on the highway limit the rate of speed to less than 40 km/h.

(2) Subsection (1) does not apply to a driver who approaches or passes an official vehicle from the opposite direction on a highway that contains a laned roadway or is divided by a median.

(3) In addition to the requirements of subsection (1), a driver travelling in a lane adjacent to the stopped official vehicle or in the same lane in which the official vehicle is stopped must, if it is safe to do so, and unless otherwise directed by a peace officer, move his or her motor vehicle into another lane of the laned roadway, if any.