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2820705
CITY OF RICHMOND
COMMERCIAL VEHICLE LICENCING
BYLAW NO. 4716
EFFECTIVE DATE - FEBRUARY 9, 1987
CONSOLIDATED FOR CONVENIENCE ONLY
This is a consolidation of the bylaws listed below. The amendment bylaws have been combined
with the original bylaw for convenience only. This consolidation is not a legal document.
Certified copies of the original bylaws should be consulted for all interpretations and applications
of the bylaws on this subject.
AMENDMENT BYLAW
EFFECTIVE DATE
4967
December 14, 1987
6241
January 25, 1994
8145
November 27, 2006
8570
February 8, 2010
THE CITY OF RICHMOND
A BYLAW TO PROVIDE FOR THE LICENCING OF
COMMERCIAL VEHICLES
BYLAW NO. 4716
The Council of the City of Richmond, in open meeting assembled, enacts as follows:
1.
In this Bylaw, unless the context otherwise requires:
ACT
means the Local Government Act, Chapter
232 of British Columbia.
GROSS VEHICLE WEIGHT
means the weight at which a vehicle is
licenced under the Commercial Transport Act
or the Motor Vehicle Act, as the case may be.
HIGHWAY
means a highway as defined by the Act
but does not include an arterial highway
as defined by the Highway Act.
LICENCE INSPECTOR
means the person from time to time duly
appointed as Licence Inspector for the
Municipality and also any person lawfully
acting in that capacity for the time being.
LICENCE PLATE
means decals issued under the provisions of
Division 3 of Part 20 of the Act and this
Bylaw.
LICENCE-YEAR
means the period from January 1 to
December 31.
MOTOR VEHICLE
means a vehicle designed to be self-
propelled, except:
(a)
a vehicle operating wholly on a fixed
rail or rails;
(b)
an electric trolley bus.
Bylaw No. 4716
2
.
OWNER
means, when used in reference to a vehicle,
the person or persons duly registered from
time to time under the Motor Vehicle Act or
the Commercial Transport Act as the owner
or owners of the vehicle.
REGISTRATION CARD
means the motor vehicle licence for the
motor vehicle issued pursuant to the Motor
Vehicle Act or the Commercial Transport Act.
VEHICLE
means any vehicle used by any person upon
any highway in a participating municipality
which is a commercial vehicle defined as
such by and licenced under the Commercial
Transport Act, and any vehicle not so
licenced but which is used for the collection
or delivery, or both, of goods, wares,
merchandise, or other commodity in the
ordinary course of a business undertaking.
2.
Division 3 of Part 20 of the Act is hereby declared to apply to the City of Richmond.
3.
(1)
Except as otherwise provided in this Bylaw and in the Act, but subject to the Motor
Carrier Act, no vehicle shall be used or operated on any highway in the City of
Richmond unless there is displayed upon the vehicle a valid and subsisting licence
plate affixed in accordance with Division 3 of Part 20 of the Act and with this Bylaw.
(2)
A valid and subsisting licence and licence plate affixed by any other municipality is
valid in The City of Richmond for such licence-year.
4.
Except as may be otherwise lawfully provided, the owner of every vehicle shall, before it is
used or operated on any highway in the City of Richmond, cause the vehicle to be
licenced or registered with the Licence Inspector and licence plate affixed.
5.
The application for a licence plate shall be signed by the owner or his duly authorized
agent, provided that in the case of partnerships of multiple owners any one of such
owners may apply and such owner applying shall be deemed to be the duly authorized
agent of all the owners.
6.
Where the applicant for a licence is an agent or co-owner, the owner or owners shall be
deemed to have authorized all statements set forth in the application and shall be deemed
to have made such statements on his own or their behalf and as his own or their
statements.
7.
(1)
The application form, together with the registration card for the vehicle, shall be
delivered to the Licence Inspector, and, in the case where a licence fee is
applicable, shall be accompanied by the fee prescribed in the Act and set out in
Schedule A hereto attached and forming part of this Bylaw.
Bylaw No. 4716
3.
(2)
Where the applicant for licences is one and the same person, as many applications
of the same kind as may conveniently be made on any one of the forms prescribed
may be combined in one such form without the necessity for the completion of
separate application forms for each vehicle for which a licence plate is sought.
8.
The following vehicles are exempt from this Bylaw:
(a)
a vehicle described in section 7 of the Motor Vehicle Act;
(b)
a vehicle owned or leased exclusively by any municipality, regional district or
school district as defined in the School Act or by an organization comprised of
municipalities, regional districts or school districts;
(c)
a vehicle owned by the Government of Canada;
(d)
a school bus, mission bus or truck, the sole property of a religious organization and
used solely for religious purposes;
(e)
a vehicle used exclusively for fire protection purposes;
(f)
a vehicle licenced as a farm vehicle under the Commercial Transport Act except
when used for the collection of delivery, or both, of goods, wares, merchandise or
other commodity not required in the ordinary course of the farm undertaking of the
owner of the vehicle;
(g)
notwithstanding paragraph (j), a vehicle licenced under the Commercial Transport
Act owned by a farmer and used only to transport the produce of his farm to market
and to transport supplies required for his farm;
(h)
a vehicle owned and operated by an improvement district;
(i)
a vehicle not requiring a licence fee under section 3(6) of the Motor Vehicle Act;
(j)
a vehicle licenced under the Commercial Transport Act not being used by a person
for the purpose of his business, or by an organization for profit; and
(k)
a vehicle owned by the Crown in the right of the Province.
9.
All fees collected by the Licence Inspector under this Bylaw and in accordance with
Division 3 of Part 20 of the Act shall be paid forthwith to the Treasurer of the City who shall
deal with the said fees in the manner provided by the Act.
10.
Upon receipt of the application for a licence and upon being satisfied of the truth of the
statements contained therein, and that the prescribed fee has been paid, the Licence
Inspector shall cause to be issued and delivered a numbered licence-place and shall
endorse on the registration card:
(a)
the number of such licence plate;
(b)
the date of issuance thereof; and
(c)
the fee paid.
Bylaw No. 4716
4.
11.
The licence plate shall at all times be attached on the inside of the windshield in such a
manner that it can readily be seen from the outside front of the vehicle and shall be kept
entirely unobstructed and in a legible condition and shall not obscure any other legally
required plate, sign, or notice.
12.
(1)
Where a person ceases to be owner of a vehicle licenced, and authorized to carry
a licence plate, the registration thereof and the licence plate is deemed to be
cancelled and the new owner of such vehicle may make application to the Licence
Inspector for:
(a)
transfer of the registration, and licence plate; or
(b)
the cancellation of the licence and the surrender of the licence plate.
(2)
Where a person ceases to be the owner of a vehicle licenced and authorized to
carry a licence plate, the registration thereof and the licence plate therefor, are
deemed to be cancelled. Where the licence holder purchases a new vehicle and
wishes to transfer the licence-pate to another vehicle he shall submit to the
Licence Inspector:
(a)
the existing licence plate from the old vehicle;
(b)
information showing motor vehicle registration number and gross vehicle
weight of the vehicle from which the plate is being transferred;
(c)
name of municipality which issued subsisting licence plate;
(d)
the registration card of the new vehicle;
(e)
any sum representing the difference in the licence fee required for the
transfer of a licence plate to a vehicle of a greater gross vehicle weight
together with a transfer fee of $6.25, and such sum is deemed to be a
licence fee for the purpose of this Bylaw.
(3)
Notwithstanding subsections (1) and (2) the purchase of a vehicle by a dealer in
vehicles for resale shall not require the licence plate to be cancelled or transferred
until the dealer sells the vehicle to a person other than another such dealer for
resale.
13.
Where a licence plate, is lost, stolen, destroyed or becomes illegible or mutilated, the
owner of the vehicle in respect of which the plate was issued, or his agent, may apply to
the Licence Inspector for a replacement thereof, for a fee of $6.25 upon the surrender of
such plate, if still in possession of the owner, and the Licence Inspector, if satisfied of the
truth of the facts in support of the application, may cause a new licence plate, as the case
may be, to be issued in replacement and shall endorse the record of its issuance on the
registration card.
Bylaw No. 4716
5.
14.
Notwithstanding anything in this Bylaw contained, where the vehicle in respect of which an
application for a licence and a licence plate is made is a vehicle operated by the owner
under an agreement under Section 13 of the Commercial Transport Act, such licence
plate shall be valid for display on any of the vehicles operated by the owner.
15.
Except as provided by Section 14, it is unlawful to operate a vehicle having affixed to it a
licence plate not authorized or issued for that vehicle.
16.
(1)
Every person who offends against any of the provisions of this Bylaw, or who
suffers or permits any act or thing to be done in contravention or violation of any of
the provisions of this Bylaw, or neglects to do or refrains from doing anything
required to be done under this Bylaw, or who does any act or thing which violates
any of the provisions of this Bylaw shall be deemed to have committed an offence
under this Bylaw and shall be liable, on summary conviction, to the penalties
provided for in the Offence Act.
(2)
Without affecting the generality of Subsection (1) and pursuant to Division 3 of Part
20 of the Act:
(a)
no owner or operator of a vehicle shall operate or use or cause such
vehicle to be operated or used upon any highway in the City of Richmond
without holding and displaying a valid and subsisting licence and licence
plate for such vehicle; except a vehicle that is exempt under section 8;
(b)
no person shall display or cause to be displayed a licence plate upon any
vehicle not authorized to have such licence plate displayed thereon and
any such person is subject to the confiscation of such licence plate; and
(c)
no fine imposed under this Section removes any liability for any prescribed
licence fee under this division.
(3)
(a)
A violation of any of the provisions in Section 16(2) identified in Schedule B
attached to and forming part of this bylaw shall result in liability for penalties
and late payment amounts established in the Notice of Bylaw Violation
Dispute Adjudication Bylaw No. 8122; and
(b)
A violation of any of the provisions in Section 16(2) identified in Schedule B
attached to and forming part of this bylaw shall be subject to the
procedures, restrictions, limits, obligations and rights established in the
Notice of Bylaw Violation Dispute Adjudication Bylaw No. 8122 in
accordance with the Local Government Bylaw Notice Enforcement Act,
SBC 2003, c. 60.
17.
Bylaw No. 4276, being a Bylaw to provide for the licencing of Commercial Vehicles of The
City of Richmond is hereby repealed.
18.
This Bylaw is effective and in force and binding on all persons as from the 1st day of March,
1987.
Bylaw No. 4716
6.
SCHEDULE A to BYLAW NO. 4716
1.
The fees for licences applied for under section 519(1) of the Municipal Act Chapter 290
R.S.B.C. 1979 for each licence year are, for a vehicle:
Not exceeding 2,800 kg gross vehicle weight (gvw) ............................................ $25.00
Exceeding 2,800 kg but not exceeding 11,800 kg (gvw)........................................... 30.00
Exceeding 11,800 kg but not exceeding 20,000 kg (gvw)..........................................35.00
Exceeding 20,000 kg (gvw)........................................................................................40.00
2.
For an application under Section 14 hereof .............................................................$25.00
3.
Transfer........................................................................................................................6.25
4.
Replacement ................................................................................................................6.25
Bylaw No. 4716
7.
SCHEDULE B to BYLAW NO. 4716
Designated Bylaw Contraventions
B1
Bylaw
B2
Description of Contravention
B3
Section
Commercial
Vehicle Licencing
Bylaw No. 4716
(1987)
Operating a vehicle without a valid commercial licence
Operating a vehicle without a valid commercial licence plate
displayed
Displaying a commercial licence plate on any vehicle not authorized
16 (2)(a)
16 (2)(a)
16 (2)(b)