Motor Vehicle (All Terrain) Act

(3.1) Despite subsection (1), a person may operate an all terrain vehicle without the registration or identification required under subsection (1) for a period of 14 days following the date on which the application for registration and the prescribed fee is mailed to the Insurance Corporation of British Columbia, if the operator is in possession of an affidavit of the owner, declaring the date the all terrain vehicle was purchased and the date that registration of it was applied for.

RS1979-289-2 (3); 1997-31-43

Repeal of amendment

3 Section 2 (3.1) is repealed.

1981-22-2.

4 Section 2 (5) (b) is amended

(a) in paragraph (a) by striking out "30 days," and substituting "90 days, or",

(b) in paragraph (b) by striking out "director" and substituting "Insurance Corporation of British Columbia" and by striking out "30 days, or" and substituting "90 days.", and

(c) by repealing paragraph (c).

1981-22-3; 1997-31-43.

5 Section 3 is repealed.

1981-22-4.

6 Section 5 (2) (b) is amended by striking out "director." and substituting "minister or a person designated in writing by the minister."

1981-22-5.

7 Section 7 (2) is amended

(a) in paragraph (b) by adding ", including rules and restrictions for operators under a prescribed age" after "all terrain vehicles",

(b) in paragraph (f) by striking out "form and",

(c) in paragraph (g) by striking out "under section 4 for operation of all terrain vehicles;" and substituting ", for the operation of all terrain vehicles;",

(d) in paragraph (i) by striking out "rented out by dealers",

(e) by adding the following:

(q) prohibiting the making of excessive noise by all terrain vehicles, setting maximum noise levels and prohibiting the sale, distribution or use in British Columbia of an all terrain vehicle or all terrain vehicle engine that is not designed, manufactured or equipped so that those levels will not be exceeded;

(r) exempting classes of persons or classes or types of all terrain vehicles from regulations under section 4 (1) (f);

(s) prescribing the form and content of tickets under section 8.2, and different forms and contents may be prescribed for different areas of British Columbia, and different forms of tickets having different content may be prescribed for the same area of British Columbia;

(t) respecting any matter that the Lieutenant Governor in Council considers necessary for the use of a ticket. , and

(f) by adding the following:

(3) The Lieutenant Governor in Council may, in making a regulation under this Act, incorporate in it by reference any code, standard, rule or part of it as it may be amended from time to time before or after the making of the regulation, and may exempt any person or all terrain vehicle from the code, standard, rule or part of it so adopted.

(4) If a code, standard, rule or part of it is adopted by regulation, publication in the Gazette of a notice of the adoption which refers to the code, standard, rule or part of it, states the extent of its adoption and sets out the variations to which the adoption is subject, is deemed sufficient publication without publishing in the Gazette the text of the code, standard, rule or part of it adopted.

1981-22-6.

8 Paragraphs (s) and (t) of section 7 (2) are repealed.

1982-38-19.

9 The following section is added:

Power to prescribe forms

7.1 The superintendent may prescribe forms to be used for the purposes of this Act or the regulations.

1981-22-7.

10 The following section is added:

Failure to stop and state name

8.1 (1) If he or she has reasonable and probable grounds to believe that an all terrain vehicle is being operated contrary to this Act or the regulations, a peace officer or enforcement officer may order that the all terrain vehicle be stopped.

(2) A person commits an offence who, while driving or operating or while he or she is in charge of an all terrain vehicle, refuses or fails

(a) to stop the all terrain vehicle, when signalled or requested to stop by

(i) a peace officer, or

(ii) an enforcement officer

who is in his or her official uniform of office or displays his or her official badge,

(b) to state correctly his or her name and address, the name and address of the operator and the name and address of the owner of the all terrain vehicle when requested to do so by a peace officer or enforcement officer, or

(c) if a driver's licence under the Motor Vehicle Act or other written permission is required to operate an all terrain vehicle and if insurance coverage is required under the regulations, to produce his or her driver's licence or other written permission and evidence of insurance coverage when requested to do so by a peace officer or enforcement officer.

(3) For the purposes of this section, an enforcement officer has, in connection with the powers and duties conferred on him or her, the immunities of a constable.

1981-22-8.

11 Section 9 (3) is amended

(a) by striking out "259 (4)", and

(b) by adding "236" after "221".

1981-22-10.

12 The following section is added:

Reporting conviction

9.1 (1) A registrar, deputy registrar or court clerk must, with respect to a conviction or conditional or absolute discharge in respect of an offence committed against

(a) this Act or the regulations,

(b) section 220, 221 or 236 of the Criminal Code, arising out of the operation of an all terrain vehicle, or

send the superintendent a certificate, transcript or copy of the conviction or discharge immediately on its entry in the registry.

(2) Subsection (1) applies to a disposition or absolute discharge in respect of an offence referred to in paragraphs (a) to (c) committed by a young person as defined by the Young Offenders Act (Canada).

1981-22-11.

13 Section 10 is amended

(a) in subsection (2) by striking out "The director, under the direction of the minister," and substituting "The minister or a person designated in writing by the minister", and

(b) by repealing subsections (4) and (5) and substituting the following:

(4) If a person applies for

(a) written permission to operate an all terrain vehicle, or

(b) a registration or transfer of registration of an all terrain vehicle,

the Insurance Corporation of British Columbia may refuse to issue the document sought by the applicant if

(d) an amount is unpaid

(i) by the applicant for a previous written permission to operate an all terrain vehicle,

(ii) by the applicant or with respect to the all terrain vehicle under the Motor Vehicle Act or the Insurance (Motor Vehicle) Act, or

(iii) in respect of the all terrain vehicle under the Social Service Tax Act, or

(e) the corporation is not satisfied that the vehicle is insured as required by regulations made under section 7 (2) (i).

1981-22-12; 1997-31-44.