Bill 13 Off Road Vehicle Act for BC

tomcycle

Past President DSBC 2004 -2018
Staff member
I have moved this to its own thread, it was getting lost as a post in another thread, originally posted by Skidmark43



[h=2]ORV legislation will keep B.C.'s backcountry safe[/h]
Source website: http://www.newsroom.gov.bc.ca/2014/0...ntry-safe.html


VICTORIA - Bill 13, the Off Road Vehicle Act introduced today, promises certainty, safety and regulatory structure for thousands of off-road enthusiasts.

The proposed Off Road Vehicle - or ORV - Act replaces the 40-year-old Motor Vehicle (All Terrain) Act with a modern management structure, designed to align with existing regulatory regimes at minimal cost.

Increased use of quads, snowmobiles and other ORVs has helped British Columbians get out and enjoy the beauty of the province's backcountry. Bill 13 will help ensure these vehicles are driven in a safe and environmentally responsible manner.

The act, if passed and brought into force, will:


•Establish a one-time registration system specifically designed to integrate with the pre-existing structure of the Insurance Corporation of British Columbia's vehicle registry, reducing implementation costs. ORVs will have to be registered and display a clearly visible number plate before they can be operated on Crown or other public land.
•Allow the development of regulations on the rules of operation (such as wearing helmets), safety standards and conditions of use for a wide range of modern ORVs, including snowmobiles, all-terrain vehicles or "quads", dirt bikes and utility terrain vehicles.
•Assist in identifying stolen or abandoned ORVs, by requiring ORVs to be registered in a database that is accessible to peace officers at all times.
•Provide officers with more effective enforcement tools to target the small number of irresponsible ORV owners that endanger others or damage sensitive habitat. This includes the ability to stop and inspect ORVs for violations, seize an ORV for safety or evidence purposes, and increase the maximum fine for offences from $500 to $5,000.

Included in the proposed ORV legislation is an amendment to the Special Accounts Appropriation and Control Act establishing the ORV Trail Management Sub-account. This will ease the process of providing future investments directly into developing and maintaining trails, delivering lasting benefits to the ORV tourism industry in rural communities.

The proposed ORV Act is the result of extensive consultation, and represents a fair compromise for all user groups. Implementation, including registration provisions, is anticipated in the fall of 2014.

Quotes:

Steve Thomson, Minister of Forests, Lands and Natural Resource Operations -

"Whether hunting, fishing, getting back to nature or just getting to work, many outdoor enthusiasts rely on off-road vehicles to augment their rural experience. The Off-Road Vehicle Act will secure the future of off-road vehicle use in a way that is self-sustaining, safe and environmentally responsible."

Rhona Martin, president, Union of B.C. Municipalities -

"The framework set out in this legislation responds to a number of issues raised by local governments. Together, these new measures will increase safety, enhance community connectivity through trail networks, and safeguard the beauty and integrity of B.C.'s wilderness. The extensive consultation undertaken by the province on this issue has resulted in legislation that balances the interests of many different groups."

Jeremy McCall, executive director, Outdoor Recreation Council of British Columbia -

"The announcement of the ORV legislation is a tremendous tribute to the dedicated members of non-government organizations who formed the Coalition for Licensing and Registration of Off Road Vehicles in 2002. The coalition published its 47 recommendations in 2006. Many of those individuals continue to assist the ministry with the feedback it needs to prepare this legislation. Among other benefits, this legislation will offer security of ownership and improved safety standards for the riders of ORVs and it will provide for higher standards of compliance and enforcement which will benefit non-motorized recreationists."

Scott Benton, executive director, Grasslands Conservation Council of BC -

"The requirement for registration is the cornerstone for future management and enforcement of ORV activities and theft prevention. This legislation provides a solid platform to develop comprehensive regulations that will address safety, operator conduct and environmental protection in the future. The Grasslands Conservation Council of BC looks forward to working with the Province and others in developing the accompanying regulations. The Grassland Conservation Council of BC has been working with a coalition of 10 other interests towards improving the management of off road vehicles for over 10 years."

Bob Ramsay, president, Canadian Off-Highway Vehicle Distributors Council -

"We are pleased that the Province of B.C. has taken this important measure to promote the safe and responsible use of Off Road Vehicles. The proposed ORV Act is designed to recognize existing vehicles while flexible enough to ensure new models can be accounted for as new designs become available."

Quick Facts:


•The proposed ORV Act implements recommendations from the Off Road Vehicle Management Framework released in 2009, including one-time vehicle registration, operator safety rules and environmental protection measures.
•An estimated 200,000 ORVs are used in the province.
•Snowmobiles have been registered in British Columbia since the 1970s.
•British Columbia is currently one of the last provinces in Canada that does not require registration of off-road vehicles.
•ORVs are used in a variety of sectors in British Columbia, including farming, ranching, forestry, oil and gas, mining, sport, tourism, transportation and search and rescue.

Learn More:

To view a copy of the bill and view its progress through debate, visit: http://www.leg.bc.ca/40th2nd/4-4-40-2.htm
 

DirtClunker

Active member
Interestring points:

4 (4) b : distinctive number plate, decal or sticker

15 (1) a :
person has in his or her possession the certificate of registration

15 (2) a :
person has in his or her possession the licence

19 (a) : (if you ride at night)
the off-road vehicle carries all lamps, reflectors and other illuminating devices ***required by the regulations***

20 :
A person 19 years of age or older must not authorize or permit another person under 16


there is a bunch more, but I gotta get back to work....

 

eviljimbo

New member
yea its odd you ride off road to be rid of the requirements to have a license or lights but this is requiring it
 

Bora20

Administrator
yea its odd you ride off road to be rid of the requirements to have a license or lights but this is requiring it

15 (2) a : person has in his or her possession the licence

This would be the license (number plate, decal, sticker), not a driver's license. That is the way my legal/contract brain reads that.
 

tomcycle

Past President DSBC 2004 -2018
Staff member
Most of us here ride registered bike already, we have the licence the registration and insurance. So this is not a big deal for most of us.

Go to the Quad site and see how they have lite their hair on fire.

http://quads.ca/forum1/viewtopic.php?f=2&t=24240&p=236463p236463

Looks like DSBC is the only other motorized site where the proposed Off Road Vehicle Act is being discussed
I have gone to the following sites from the BCROMA website and nothing on their public pages
PNWMA and Victoria MC make mention of the proposed legislation, so if you belong to one of the clubs below, perhaps you can let them know that something big is in the works and the word has to get out.

BCORMA
Blue Mountain Motorcycle Club
Canada Pacific Trials Association
Cascade Off-Road Motorcycle Club
Fraser Valley Dirt Riders Association
Greater Kamloops Motorcycle Association
Greater Vancouver Motorcycle Club
Mid-Island Dirt Riders Club (MIDR)
Comox Valley, BC Cross-Country trails;
Northern Dirt Riders
Okanagan Trail Riders Association
Pacific Northwest Motorcycle Association
Penticton Off-Road Motorcycle Club II
Quesnel Cross-Country Motorcycle Association
Revy Riders
Shuswap Off-Road Enthusiasts Society (SORES)
Salmon Arm trails;
Contact: Gord Siemens
Southern Okanagan Dirt Riders Association (SODBC)
Peachland, Okanagan Falls;
Contact: Mike Fetterer
Squamish Dirt Bikers Association
Vernon Off-Road Motorcycle Club
West Kootenay Motorcycle and ATV Association
Castlegar MX and HS track, Castlegar;
West Coast Dirt Riders
Whiskey Creek Racing Association
Yukon Cross Country Motorcycle Association
 

skidmark43

Administrator / BFF in the blue jacket
Thanks Tom.
What about your new facebook buddy from the island or the group that Ron & his brother started?
 

tomcycle

Past President DSBC 2004 -2018
Staff member
I cant comment as I am not a Facebook subscriber. I am sure that the guys that belong to both will make sure it get posted appropriately
 

tomcycle

Past President DSBC 2004 -2018
Staff member
Judging by the response and questions we are getting here and the lack of talk on the other dirt bike forums, We as off road motorcyclist are in full agreement of this new legislation as presented?

No one has any old dirt bikes in the garage that may have come from questionable origin?

Everyone has paid their tax owing in full and kept their original receipt from the dealership?


Your all ready for licensing and registration


I knew you guys were good, but I did not know how good.
 

tomcycle

Past President DSBC 2004 -2018
Staff member
Do you think?

FYI, we own a 5 year old quad that we bought locally, and no I did not volunteer to pay tax on it. The fact still is I have to provide documentation that the tax has been paid on this quad. Contacted the guy we bought the quad from and he no longer has the bill of sale, but provided us with the dealer information. Now it time to see if we can get a copy of the original bill of sale,showing tax paid. But who knows how thats going to turn out. Now I think about the 10s of thousands of dirt bikes out there. I see a real problem. I am lucky that all my bikes are registered so no problems there.

TT
 

r_jackson

New member
Maybe it will just go away like gun registration after it costs %1000 more to implement and maintain than it actually generates... Kind of sucks, but my bike is registered, doesn't have to be, my jet ski isn't and is supposed to be.
 

joker650

New member
U know what?
This new "LAW" will cut down on stolen bikes/quads/sleds.....

But thank god that our government is AGAIN making things difficult for the people paying THEIR wages.:bliss:

YAY...now I have to jump through a shit load of hoops to somehow get my old 1980 XR200 registered so I can ride it around the campfire 50k in the bush?
....a bike that I picked up for basically scrap....no receipt.....don't even remember the name of the people, it was their old "cottage bike".
...how much will it cost me to do a VIN search with ICBC?
How about that old Keystone mini-bike some guy bought 40 years ago...a 1979 YZ250.....have you got a collection of old bikes you have fixed up over the last 50 years?
Ever make a bike out of spare parts?

Are they all going to end up in the dumpster or scrap yard crusher because "You never spent enough to make this bike legal" ....try to keep it....I dare ya to ride it!

I'm sure glad my kids are grown up and we have plated bikes so I don't have to deal with this crap anymore.......oh wait, yes I do...because I am trying to sell a small bike . SO do I have to register it BEFORE I sell it so the next owner can then register it?:censored:

No , it doesn't look like a TAX GRAB until the fines start getting handed out and the bikes get melted down.
 

farmerger

Member
U know what?
This new "LAW" will cut down on stolen bikes/quads/sleds.....

But thank god that our government is AGAIN making things difficult for the people paying THEIR wages.:bliss:

YAY...now I have to jump through a shit load of hoops to somehow get my old 1980 XR200 registered so I can ride it around the campfire 50k in the bush?
....a bike that I picked up for basically scrap....no receipt.....don't even remember the name of the people, it was their old "cottage bike".
...how much will it cost me to do a VIN search with ICBC?
How about that old Keystone mini-bike some guy bought 40 years ago...a 1979 YZ250.....have you got a collection of old bikes you have fixed up over the last 50 years?
Ever make a bike out of spare parts?

Are they all going to end up in the dumpster or scrap yard crusher because "You never spent enough to make this bike legal" ....try to keep it....I dare ya to ride it!

I'm sure glad my kids are grown up and we have plated bikes so I don't have to deal with this crap anymore.......oh wait, yes I do...because I am trying to sell a small bike . SO do I have to register it BEFORE I sell it so the next owner can then register it?:censored:

No , it doesn't look like a TAX GRAB until the fines start getting handed out and the bikes get melted down.

I doubt you would have to pay PST on a bike you already own, especially if you did NOT have a bill of sale for it. If you were to sell a bike right now, it would probably help the buyer to have a bill of sale from you, so that when he goes to register it he can prove a record of ownership but probably he would have to pay PST on that bill of sale price. The RCMP has a database with the VIN of all stolen and reported vehicles, so if your dirt bike has a VIN it will be checked against that. Not sure how they would handle a bike without a VIN, I could see that one being a pain possibly with some sort of provincial inspection and then an assignment of a VIN.

On a side note, and to add a little humour to the conversation: Snowmobiles already have to go through this registration process during which you pay the PST on the sale price per a bill of sale and if it was not registered before you need to go to the RCMP for them to search their stolen vehicle database and provide you with a letter saying its not hot. I did that with a little sled that I bought for my youngest a few years ago. Well, per procedure I loaded the sled on the trailer towed it down to the cop shop in Chase to get this letter. They sent a member, who was already outside on a smoke break, to look at the VIN on the sled which she wrote down on the back of an old envelope. :rolleyes:Wait, it gets better; she then hands this "official document" to one of their secretaries who does the database search, finds all is good, and with my bill of sale in hand proceeds to do up some letter saying its not stolen. I was under the weather that day and had both kids with me so I didn't read the letter at the cop shop, (she did put it in a new envelope ;)) and went home. At home I did look at the letter and it states (without any reference to the info on the bill of sale nor the VIN) and I quote "This snowmobile is not stolen." :rolleyes: :D Hmm, I wonder if I could doctor that to say motorbike instead of snowmobile, it might be useful with this new legislation.:cool:
 
Last edited:

tomcycle

Past President DSBC 2004 -2018
Staff member
You WILL have to prove that PST has been paid.

Bill of sale is perfect as it will show you paid the tax and it will also prove ownership if it has your name and the serial number on it.

Proof of ownership might be a little more tricky. If no bill of sale, which will probably be very likely for many dirt bike owners, a notarized statutory declaration with as much information possible should be enough to get you on the right side of the law. If the bike was a gift you will have to get the original owner to fill out the obligatory tax free gift form and sign it. But before you do any of that you had better make sure the bike is not on the rcmp reported stolen vin site

You can check if your orv has been reported stolen by checking the rcmp vin search site http://www.cpic-cipc.ca/index-eng.htm if it comes up stolen you might as well start parting it out early as there will be a glut of used parts on the market next year.
 
This all sounds like a massive pain in the ass.
So all we need is proof that the tax was paid on the original sale of the bike?
 
Last edited:

tomcycle

Past President DSBC 2004 -2018
Staff member
Its obvious that the details still have to be worked out but I think the short answer is that you have to provide proof that you paid the PST owed when you purchased your dirt bike. If you bought your dirt bike from a dealer he was obliged to charge you the tax and should be able to provide you with a copy of your bill of sale.

If you bought your bike used from some guy in Surrey and paid cash, I doubt if you voluntarily submitted your tax due. or even got a reciept. No a receipt from a private individual that sez "Tax Included" does not constitute proof of tax paid, unless of course it has a separate line item that has the PST and the amount, that you might be able to pull off.

Once the requirements for proof of ownership and tax paid are made available we will make sure it is posted here.

Anyhow we have at least 6 months to get our paperwork in order, no time like the present to get started.

T
 

DirtClunker

Active member
Has anyone read anything "official" (either from the not-yet-ratified-law or ICBC) that states anything about PST ? Or are y'all getting your panties in a knot based on conjecture and supposition? I mean, I am all for getting all riled up and bitchin and moaning, but I dont wanna waste my energy until I know it is TRUE.

I have only so many good whines left in me, and I use most of them for those nasty sections on the "A" trails (aka Black with squiggley lines and dude falling off cliff).
 

tomcycle

Past President DSBC 2004 -2018
Staff member
Here you go, I spent the time and read it for you
Section 5

(iii) circumstances in which the Insurance Corporation of British Columbia may refuse to register an off-road vehicle under this Act or to replace or transfer a certificate of registration under this Act, including, without limitation, if any amount owing in respect of an off-road vehicle under the Consumption Tax Rebate and Transition Act, section 165 (2), 212.1 or 218.1 or Division IV.1 of Part IX of the Excise Tax Act(Canada) or the Provincial Sales Tax Act is not paid to the Insurance Corporation of British Columbia
 
Top