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Regulations
- Forest Practices Code of BC ActFOREST SERVICE ROAD USE REGULATION
Contents
Repealing B.C. Reg. 367/92 - Forest Service Road,
Right of Way and Recreation Trail Regulation;
B.C. Reg. 173/95 Deposited April 12, 1995
O.C. 431/95 effective June 15, 1995
Consolidated to December 17, 2002
- 1. Definitions
- 2. Provisions of Motor Vehicle Act
applicable to forest service roads
- 3. Snowmobiles
- 4. Speed restriction
- 5. Use of 2-way radio
- 6. Traffic control devices
- 7. Maintenance of vehicles used on forest
service roads
- 8. Vehicle identification
- 9. Obstructions within a forest service road
right of way
- 10. Damage to roads
- 11. No works, etc. on right of way without a
permit
- 12. Liability insurance
- 13. Offence
- 1. In this regulation:
"motor vehicle" means a vehicle that is
(a) intended to be self propelled, and
(b) designed primarily for travel on land on surfaces other than rails;
"traffic control device" means a gate, signal or notice which regulates
the operation of a motor vehicle and includes informational, cautionary, restrictive and
prohibitory signals and notices;
"unlicensed industrial vehicle" means a motor vehicle, not licensed under
the Motor Vehicle Act or the Commercial Transport Act, that is used in
industrial activities.
- 2. The following provisions of the Motor Vehicle Act apply to all forest
service roads as if a forest service road were a highway:
(a) section 1;
(b) section 2 (5), (6) and (7);
(c) section 24 (1) and (2);
(d) section 33 (1) insofar as it applies to a driver's licence or a driver's certificate;
(e) section 68;
(f) section 70;
(g) section 73;
(h) section 84;
(i) sections 141 and 142;
(j) sections 144 and 145;
(k) sections 149 and 150;
(l) sections 157 to 160;
(m) section 162;
(n) sections 169 to 172;
(o) sections 185 and 186;
(p) section 194;
(q) sections 206 (1) to (3) and 207;
(r) section 221;
(s) sections 224 to 229.
- 3. (1) Despite the requirements of sections 2 (c) and 12, a person is not
required to hold a subsisting driver's licence issued under the Motor Vehicle Act
or a valid and subsisting contract of third party liability insurance while operating a
snowmobile on a forest service road in compliance with subsection (3).
(2) Subject to compliance with subsection (3) and with the Motor Vehicle (All Terrain)
Act and the regulations under that Act, a person may operate a snowmobile on a forest
service road.
(3) A person must not operate a snowmobile on a forest service road if it appears that the
road has been snowploughed, or that the road is otherwise fit for travel by motor vehicles
other than snowmobiles.
 (4) Despite subsections (1) to (3), snowmobiles that operate on the Gold Rush Snowmobile Trail may use ploughed forest service roads, subject to:
(a) the drivers licence and insurance provisions in this regulation for other motor vehicles,
(b) the implementation of the safety and risk management plan for the trail, and
(c) the use of a helmet by the driver and passengers of the snowmobile.
- 4. A person must operate a motor vehicle on a forest service road at a speed that
(a) is safe for the conditions, and
(b) does not exceed the lesser of
(i) 80 km/h, and
(ii) the speed posted on a relevant traffic control device.
- 5. (1) A driver on a forest service road who uses a 2-way radio to communicate
with other drivers on the road must announce, in accordance with any road markers posted
at intervals along the road,
(a) his or her position, and
(b) the branch of the road being travelled, if the radio's signal can be received on more
than one adjacent branch of the road.
(2) Subsection (1) applies to a driver only if
(a) the driver uses a radio frequency provided by the holder of a private commercial radio
station licence, or other licence under the Radio Act (Canada) and the regulations
under that Act, to communicate with the other drivers, and
(b) the forest service road is posted with a sign that indicates the radio frequency that
is to be used.
- 6. (1) A district manager or a designated forest official may cause a traffic
control device to be erected on a forest service road if, in the district manager's
opinion, restrictions on the use of the road or the traffic on the road are required to
achieve the purposes of section 4 (b) and (c) of the Ministry of Forests Act.
(2) Without limiting the generality of subsection (1), a traffic control device may be
used in any of the following ways:
(a) to close the road to all traffic or to specified categories or sizes of motor vehicles
including those not engaged in commercial activities;
(b) to close the road totally, or for a specified period of time;
(c) to regulate the movement of traffic;
(d) to require the use of 2-way radio systems during certain hours in order to coordinate
the movement of traffic, including specifying the radio frequency to be used on portions
of forest service roads;
(e) to restrict the use of vehicles having characteristics that could damage the forest
service road or create a safety risk;
(f) to warn drivers of hazardous or unusual conditions existing on forest service roads.
(3) A person must not erect a traffic control device on a forest service road without the
prior consent of the district manager in whose district the road is situated.
(4) A person must not damage, deface or remove a traffic control device erected or posted
on a forest service road or its right of way without the consent of the district manager.
(5) A person must not operate a vehicle contrary to a traffic control device.
- 7. A person who operates or causes to be operated a motor vehicle on a forest
service road must ensure that the motor vehicle is maintained in a manner consistent with
the Motor Vehicle Act and regulations or the Highway (Industrial) Act and
regulations, whichever applies.
- 8. A person must not operate or cause to be operated an unlicensed industrial
vehicle on a forest service road unless the name of the owner of that vehicle and a
distinguishing number identifying the vehicle are legibly printed in letters at least 5 cm
high in a place on the vehicle cab that is clearly visible from ground level.
- 9. If use of a forest service road's right of way would likely cause significant
damage to the road, right of way or environment, or endanger life or property, or if the
presence on the right of way of a vehicle or animal would likely cause significant damage
to the road, right of way or environment, or endanger life or property, the district
manager may
(a) close or restrict the use of the road or right of way, or
(b) at the expense of its owner, remove the vehicle or animal.
- 10. (1) A person must not use a forest service road or operate or cause to be
operated a motor vehicle or other equipment on it in a manner that damages the forest
service road.
(2) If damage results to a forest service road as a result of a contravention of
subsection (1), the district manager may, in addition to any other remedy available at
law, order the person who committed that breach to pay to the government the reasonable
costs of the repair.
- 11. (1) A person must not construct works on any part of a forest service road
right of way for any purpose other than the passage of vehicular or pedestrian traffic,
except under, and in accordance with, a permit issued by the district manager.
(2) A permit issued under subsection (1) may impose conditions on the use of the right of
way.
(3) The holder of a permit under subsection (1) must comply with its conditions.
- 12. (1) A person must not operate or cause to be operated a motor vehicle or
trailer, other than a motor vehicle or trailer described by section 2 (2) of the Motor
Vehicle Act, on a forest service road unless
(a) the driver, motor vehicle and trailer are insured under a valid and subsisting
contract of accident insurance providing insurance against liability to third parties in
the amount of at least $200 000, and
(b) the driver carries written evidence, supplied by the insurer, of the insurance
referred to in paragraph (a), or a copy of that written evidence, and produces it, on
demand, to a peace officer, designated forest official, designated environment official or
conservation officer under the Wildlife Act.
(2) Motor vehicles operated by the government that are subject to a government self-
indemnification plan are exempt from the requirements of subsection (1).
- 13. (1) A person who contravenes section 3 (3), 5 (1), 6 (5), 10 (1) or 11 (1) or
(3) commits an offence and is liable on conviction to a fine not exceeding $5 000 or to
imprisonment for not more than 6 months or to both.
(2) A person who contravenes section 4, 6 (3) or (4), 7, 8 or 12 (1) commits an offence.
NOTE: This regulation repeals B.C. Reg. 367/92, the Forest Service Road, Right of Way and
Recreation Trail Regulation
[Provisions of the Forest Practices Code of British Columbia Act, R.S.B.C 1996,
c. 159, relevant to the enactment of this regulation: sections 198 and 213 (1)] |
