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The BC Motor Vehicle Act
Sections Related to Owner's Liability for Tickets
| IMPORTANT NOTICE: The information presented here is based upon best available information at time of posting. SENSE does not assume any liability pertaining to the accuracy of the information presented. Readers are advised to verify information they intend to rely upon.
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| 83.1 [was 76.1] - Liability of owner for speeding violations |
(b) a person who rents or leases a motor vehicle from another person, and
(c) a person who holds a licence under section 38 [demonstration licence], 41 [transporter's licence], 42 [manufacturer's licence] or 44 [repairman's licence];
"speed monitoring device" means a speed monitoring device prescribed under subsection (8) that is capable of photographing or capturing the image of a motor vehicle while accurately and simultaneously measuring and recording its speed.
"traffic control signal" has the same meaning as in section 119;
"traffic light safety device" means a traffic light safety device prescribed under subsection (8) that is capable of photographing or capturing one or more images of a motor vehicle and of accurately and simultaneously recording data related to the motor vehicle and a traffic control signal.
(2) The owner of a motor vehicle is liable for the contravention of section 140, 146 (1), (3), (5) or (7), 147 or 148 (1) if evidence of the contravention was gathered through the use of a prescribed speed monitoring device.
(2.1) The owner of a motor vehicle is liable for the contravention of section 129 (1) or (5) (a), 131 (1) (a) or (2) (a) or 134 if evidence of the contravention was gathered through the use of a prescribed traffic light safety device.
(3) An owner is not liable under subsection (2) if the owner establishes that
(a) the person who was, at the time of the contravention, in possession of the motor vehicle was not entrusted by the owner with possession, or
(b) the owner exercised reasonable care and diligence in entrusting the motor vehicle to the person who was, at the time of the contravention, in possession of the motor vehicle.
(4) If an owner is liable under this section, in place of the fine or term of imprisonment specified in an enactment for the offence, a fine of not more than $2 000 may be imposed.
(5) On a prosecution of the owner of a motor vehicle for an offence under this section, the burden is on the defendant to prove that
(a) the person in possession of the motor vehicle was not a person entrusted by the owner with possession, or
(6) No owner is liable under subsection (2) with respect to any offence if the driver has been convicted of
(a) the same offence, or
(b) an included offence
arising out of the same circumstances.
(7) [Not in Force, but watch out! -- it means penalty points on all tickets!] If an owner of a motor vehicle is convicted of an offence under this section, the owner is deemed to have been the driver of the motor vehicle at the time of the contravention for which the owner is liable.
(8) The Lieutenant Governor in Council may prescribe
| Motor Vehicle Act Regulation 41.01 effective to May 5, 1999: |
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effective from May 6, 1999: |
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(b) a traffic light safety device for the purpose of subsection (2.1).
(9) Without limiting subsection (2), (2.1) or (8), evidence that is gathered by a speed monitoring device under subsection (2) or by a traffic light safety device under subsection (2.1) may be gathered by any method that captures the image of a motor vehicle and allows the image to be reproduced including, without limitation, by film or by electronic means.
(10) Data, which may be in an encoded form, may be electronically and simultaneously recorded on the captured image under subsection (9).
(11) Without limiting any other provision in this section, the recorded image under subsection (10) may be converted from one format to another, transmitted, stored or reproduced by electronic or any other means that allows the recorded image to be reproduced in intelligible form including, without limitation, electronically.
(12) If the Insurance Corporation of British Columbia has stored a recorded image in electronic format under subsection (11),
(a) the corporation may provide the recorded image by reproducing it in electronic format or paper format, or on a record that enables the information to be subsequently displayed or immediately accessible in visible form, and
(b) the reproduction referred to in paragraph (a) has the same effect for all purposes as if it were an original document, if the reproduction
(i) is certified by an officer of the corporation under section 82, or
(ii) contains a statement that it is an authentic reproduction of a recorded image stored in a database in electronic format by the corporation.
(13) For the purposes of section 83.2 (8) and subsections (11) and (12) of this section, a recorded image may include an enlargement of the area of the recorded image depicting the licence plate of the motor vehicle.
| 83.2 [was 76.2] - Certificate as evidence |
(2) An enforcement officer may provide, by signing a completed certificate in the prescribed form,
(a) evidence of an offence
(i) by an owner of a motor vehicle under section 83.1 (2), or
(ii) by another person under a provision referred to in section 83.1 (2) if evidence of the offence was gathered through the use of a speed monitoring device prescribed for the purpose of that section, or
(b) evidence of an offence
(i) by an owner of a motor vehicle under section 83.1 (2.1), or
(ii) by another person under a provision referred to in section 83.1 (2.1) if evidence of the offence was gathered through the use of a traffic light safety device prescribed for the purpose of that section.
(3) A certificate under this section is, without proof of the signature or the official position of the person signing the certificate, evidence of the facts stated in the certificate.
(4) A person against whom a certificate under this section is produced may, with leave of the court, require the attendance of the enforcement officer who signed the certificate, for the purpose of cross-examination.
(5) An enforcement officer who signs a certificate under this section must promptly send the certificate to the Insurance Corporation of British Columbia.
(6) The Insurance Corporation of British Columbia must keep a record of every certificate sent to the corporation under subsection (5).
(7) The Lieutenant Governor in Council may prescribe the form and content of a certificate for the purposes of this section.
(7.1) For the purpose of a certificate under this section,
(a) the certificate may be created and completed in electronic format by electronic or any other means that allows the certificate to be reproduced in intelligible form including, without limitation, electronically,
(b) in place of signing the certificate under subsection (2), the enforcement officer may identify himself or herself as the person making and authenticating that certificate by means of an electronic reproduction of his or her signature that is capable of being assigned to that certificate only by that enforcement officer,
(c) the signature referred to in paragraph (b) may be made by electronic or any other means that allows the signature to be reproduced in intelligible form including, without limitation, by electronically storing the signature by means of an electronic scanner or an electronic signature pad,
(d) if the certificate including the enforcement officer's signature is in electronic format, it may be converted from electronic format to paper format for all purposes including, without limitation, for the purposes of subsection (5),
(e) if the certificate including the enforcement officer's signature is in electronic format, it may be received, transmitted, stored or sent electronically,
(f) if the certificate is sent to the Insurance Corporation of British Columbia in paper format for storage, the corporation may convert it to and store it in electronic format, and
(g) if the Insurance Corporation of British Columbia has stored the certificate in electronic format under paragraph (e) or (f),
(i) the corporation may provide the certificate by reproducing it in electronic format or paper format, or on a record that enables the information to be subsequently displayed or immediately accessible in visible form, and
(ii) the reproduction referred to in subparagraph (i) has the same effect for all purposes as if it were an original document, if the reproduction
(A) is certified by an officer of the corporation under section 82, or
(B) contains a statement that it is an authentic reproduction of all the information on a certificate stored in a database in electronic format by the corporation.
(8) The recorded image referred to in section 83.1 (11) may be included as part of a certificate under subsection (2) of this section.
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Rev: 2000.01.17 |  |