25_2015 — Lien on Impounded Motor Vehicles Regulation

s. 1 — Definitions

In this regulation:

s. 1 — Act

Act means the Motor Vehicle Act;

s. 1 — claimed vehicle

claimed vehicle means a motor vehicle impounded under the Act and released to the owner of the motor vehicle or a person authorized by the owner;

s. 1 — electric vehicle

electric vehicle means a vehicle that has an electric propulsion engine and a battery storage system that can be charged from an external electric charging outlet;

s. 1 — unclaimed vehicle

unclaimed vehicle means a motor vehicle impounded under the Act to which one of the following applies:

s. 1(a)

the motor vehicle is disposed of under the Act;

s. 1(b)

the motor vehicle is disposed of under Division 3 of Part 6 of the Commercial Liens Act;

s. 1(c)

the motor vehicle is retained under section 42 (3) of the Commercial Liens Act.

s. 2 — Zones

The following zones are established:

s. 2(a)

Zone 1, consisting of the following areas in which impound lots are located:

s. 2(a)(i)

the City of Vancouver;

s. 2(a)(ii)

the Corporation of the City of North Vancouver;

s. 2(a)(iii)

the Corporation of the District of North Vancouver;

s. 2(b)

Zone 2, consisting of the areas in which impound lots are located in the Capital Regional District, excluding areas that are listed within another zone;

s. 2(c)

Zone 3, consisting of the following areas in which impound lots are located:

s. 2(c)(i)

the City of Abbotsford;

s. 2(c)(ii)

the City of Burnaby;

s. 2(c)(iii)

the City of Chilliwack;

s. 2(c)(iv)

the City of Coquitlam;

s. 2(c)(v)

the City of Kamloops;

s. 2(c)(vi)

the City of Kelowna;

s. 2(c)(vii)

the City of Langley;

s. 2(c)(viii)

the City of Maple Ridge;

s. 2(c)(ix)

the City of Nanaimo;

s. 2(c)(x)

the City of Prince George;

s. 2(c)(xi)

the City of Richmond;

s. 2(c)(xii)

the City of Surrey;

s. 2(c)(xiii)

Repealed. [B.C. Reg. 125/2021, s. (a).]

s. 2(c)(xiv)

the Corporation of the City of New Westminster;

s. 2(c)(xv)

the Corporation of the City of Port Coquitlam;

s. 2(c)(xvi)

the Corporation of the City of White Rock;

s. 2(c)(xvii)

the Corporation of the Township of Langley;

s. 2(c)(xviii)

the District of Mission;

s. 2(c)(xix)

the District of Squamish;

s. 2(c)(xx)

the Resort Municipality of Whistler;

s. 2(c)(xxi)

the City of Delta;

s. 2(d)

Zone 4, consisting of the following areas in which impound lots are located:

s. 2(d)(i)

the Corporation of the District of Central Saanich;

s. 2(d)(ii)

the District of North Saanich;

s. 2(d)(iii)

the District of Sooke;

s. 2(d)(iv)

the unincorporated community of Port Renfrew;

s. 2(d)(v)

Saltspring Island;

s. 2(d)(vi)

the Town of Sidney;

s. 2(d)(vii)

all other areas located within British Columbia that are not listed within another zone.

s. 3 — Lien on impounded vehicle

The following fees, costs, charges and surcharges are prescribed for the purposes of section 255 (2) (a) [storage of impounded motor vehicle] of the Act:

s. 3(a)

for storage of a vehicle with a gross vehicle weight within a range described in column 2, 3 or 4 of the Table, the cost set out in that column opposite the applicable impound lot Zone described in column 1;

s. 3(b)

for transportation and towing, the transportation and towing cost determined under section 4;

s. 3(c)

for administration,

s. 3(c)(i)

$55.05 for a claimed vehicle, and

s. 3(c)(ii)

$70.09 for an unclaimed vehicle.

s. 3(d)

Repealed. [B.C. Reg. 248/2021.]

s. 4 — Transportation and towing cost

s. 4(1)

For the purposes of section 3 (b), the transportation and towing cost is the sum of the following:

s. 4(1)(a)

the basic transportation and towing cost determined in accordance with subsection (2) of this section;

s. 4(1)(b)

a fuel surcharge equal to 25% of the basic transportation and towing cost;

s. 4(1)(c)

$40 if dollies are used;

s. 4(1)(d)

the additional transportation and towing cost determined in accordance with subsection (4) of this section.

s. 4(2)

The basic transportation and towing cost for a vehicle with a gross vehicle weight within a range described in column 1, 2, 3 or 4 of Table 1 is the sum of the following:

s. 4(2)(a)

if the impound lot is located 15 km or more from the location of the vehicle to be transported or towed, $1.66 per km travelled between the impound lot and the vehicle before the vehicle is picked up;

s. 4(2)(b)

the cost determined in accordance with column 1, 2, 3 or 4, as applicable.

s. 4(3)

In determining the travel distance for the purposes of subsection (2) and Table 1, the distance is to be measured to the nearest 0.1 km.

s. 4(4)

The additional transportation and towing cost for a vehicle with a gross vehicle weight within a range described in column 2, 3, 4 or 5 of Table 2 is the cost set out in or determined in accordance with that column, opposite the applicable transportation and towing service described in column 1.

s. 4(5)

In determining an amount in accordance with columns 2 to 5 of Table 2,

s. 4(5)(a)

in items 1, 4 and 5, the hourly rate is to be calculated based on each 1/2 hour that the service is provided,

s. 4(5)(b)

in item 3, the hourly rate is to be calculated based on each 1/2 hour that the service is provided, excluding the first 10 minutes that the service is provided, and

s. 4(5)(c)

in item 2, the hourly rate is to be calculated based on each 1/2 hour that the service is provided, excluding the first 5 minutes that the service is provided.

s. 4(6)

For the purposes of column 1 of Table 2,

s. 4(6) — additional service

additional service means a service provided if dollies are not used where the operator of a tow truck, or other truck used in the transportation or towing, takes measures to protect a vehicle if its wheels are in motion while being transported or towed;

s. 4(6) — clean up service

clean up service means a service where an operator of a tow truck, or other truck used in the transportation or towing, cleans or collects debris, parts, fluids or similar matters before transporting or towing a vehicle;

s. 4(6) — loading and securing service

loading and securing service means a service where an operator of a tow truck, or other truck used in the transportation or towing, secures a vehicle before transporting or towing the vehicle, including by, but not limited to,

s. 4(6)(a)

securing one or more doors or loose parts on the vehicle,

s. 4(6)(b)

applying a protective tarp or similar covering to the vehicle,

s. 4(6)(c)

in the case of an electric vehicle, disconnecting a battery, fuse or quick connect in the vehicle,

s. 4(6)(d)

loading the vehicle that is missing one or more tires or wheels, or

s. 4(6)(e)

loading the burnt vehicle;

s. 4(6) — recovery service

recovery service means a service where an operator of a tow truck, or other truck used in the transportation or towing, must relocate a vehicle in order to secure the vehicle before transporting or towing the vehicle;

s. 4(6) — standby service

standby service means a service where an operator of a tow truck, or other truck used in the transportation or towing, is instructed to wait with the truck before transporting or towing a vehicle.

Schedule

Schedule Repealed. [B.C. Reg. 26/2016, s. 5.]