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CHAPTER 33.

[Assented to 19th December, 1925.]

IS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

R.S.B.C. 1924, c. 177.

1. This Act may be cited as the "Motor-vehicle Act Amendment short title. Act, 1925."

2. (1.) Section 2 of the "Motor-vehicle Act," being chapter 177 of Amends s. 2. the "Revised Statutes of British Columbia, 1924," is amended by striking out the definition of "chauffeur," and substituting therefor the following definition:

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"Chauffeur' means a person who drives or operates a motor

vehicle which is driven or operated for hire, or who, as an

employee hired or engaged for that purpose, drives or
operates a motor vehicle of another person."

(2.) Said section 2 is further amended by inserting after the definition of "motor-vehicle" the following definition :

"Owner' includes a person who is in possession of a motor-
vehicle under a contract by which he may become the owner

of the motor-vehicle upon full compliance with the terms of
the contract."

3. (1.) Section 3 of said chapter 177, as amended by section 2 of Amends s. 3. the "Motor-vehicle Act Amendment Act, 1924," is further amended by adding thereto the following subsection:

"(5.) The licence issued in respect of a motor-vehicle shall be carried in a reasonably conspicuous position on the motor-vehicle at all times while the motor-vehicle is on any highway."

(2.) The amendment of said section 3 enacted by this section shall come into operation on the first day of January, 1927.

Enacts s. 3A.

Re-enacts s. 5.

Amends s. 6.

Amends s. 7.

Amends s. 9A.

4. Said chapter 177 is amended by inserting therein the following as section 3A:

"3A. Where any change is made to a motor-vehicle registered under this Act, by:

"(a.) Replacing the engine by another:
"(b.) Replacing the chassis by another:

"(c.) Replacing the body by another:

"(d.) Changing the type of the motor-vehicle for another,the owner of the motor-vehicle shall deliver to the Superintendent forthwith a notice in writing stating the number of the last licence issued in respect of the motor-vehicle under this Act and the nature of the change made to the motor-vehicle, together with such other particulars as the Superintendent may require; and any alteration in the amount of the annual licence fee payable in respect of the motor-vehicle consequent on such change shall be adjusted by rebate or payment forthwith."

5. Section 5 of said chapter 177 is repealed, and the following is substituted therefor:

"5. Each number-plate shall bear the licence number of the motor-vehicle or trailer in respect of which it is issued, and shall be of such material and design as the Superintendent may determine, and shall remain the property of the Crown. Every officer or constable of the Provincial Police or of the police force of any munici pality may seize any number-plate which he finds detached from a motor-vehicle or trailer, or displayed on a motor-vehicle or trailer other than the one in respect of which it was issued; and may hold the same pending the receipt of instructions from the Superintendent as to its disposal."

6. Section 6 of said chapter 177 is amended by inserting after the word "form," in the fourth line of subsection (2), the words "together with a wind-shield sticker of a design approved by the Superintendent "; and by inserting after the word "motor-vehicle," in the fourth line of said subsection, the words "with such sticker conspicuously displayed on the lower part of its wind-shield."

7. Section 7 of said chapter 177 is amended by striking out the words "the front of his hat or cap" in the fifth and sixth lines of subsection (4), and substituting therefor the words "his clothing"; and by adding thereto the following subsection:

"(5.) No chauffeur who is under the age of twenty-one years shall drive, operate, or be in charge of a motor-vehicle carrying passengers for hire, unless he is the holder of a permit therefor granted by the Superintendent."

8. (1.) Section 9a of said chapter 177, as enacted by section 3 of the "Motor-vehicle Act Amendment Act, 1924," is amended by striking out subsection (1), and substituting therefor the following:

"9A. (1.) No person shall drive or operate any motor-vehicle on any highway unless, in addition to any licence or permit which he is otherwise required to hold under this Act, he is the holder of a subsisting driver's licence issued to him pursuant to the provisions of this Act."

(2.) Said section 9A is further amended by striking out the words "otherwise than as a chauffeur" in the last line of subsection (3). (3.) The amendments to said section 9A enacted by this section shall come into operation on the first day of January, 1926.

9. Said chapter 177 is amended by inserting therein the following Enacts s. 12. as section 12:

"12. Every person driving or operating a motor-vehicle on any highway shall slow down to ten miles an hour when approaching or passing, between the hour of eight o'clock in the forenoon and the hour of five o'clock in the afternoon of any day on which school is regularly held, any school where signs are displayed sufficient to warn a driver that he is approaching a school; and shall slow down to ten miles an hour when approaching or passing, between dawn and dusk, any public playground for children where signs are displayed sufficient to warn a driver that he is approaching a playground for children; but nothing in this section shall prevent any person being prosecuted and punished under any other section of this Act under which he would, except for this section, be liable to be prosecuted and punished."

(1), s. 13.

10. Section 13 of said chapter 177, as re-enacted by section 5 of Re-enacts subsec. the "Motor-vehicle Act Amendment Act, 1924," is amended by striking out subsection (1), and substituting therefor the following:"13. (1.) Every person driving or operating a motor-vehicle on any highway shall drive and operate the same in a careful and prudent manner, having regard to all the circumstances, including the rate of speed of the motor-vehicle, the nature, condition, and use of the highway, and the traffic which actually is at the time or might reasonably be expected to be on the highway; and no person shall drive or operate a motor-vehicle on any highway so as to endanger the life or limb of any person or the safety of any property. In describing any offence under this section, it shall be sufficient to charge an accused person with driving to the common danger, and the Court or Magistrate shall be entitled to receive evidence for the prosecution showing what acts or circumstances have constituted the offence charged, and the conviction of the Court or Magistrate shall be sufficient if it sets forth that the accused person did drive to the common danger, without the necessity of setting forth the specific acts or cricumstances which constituted the offence."

11. Section 15 of said chapter 177 is amended by striking out the Amends s. 15. words" as soon as possible" in the fourteenth line, and substituting

therefor the words "within forty-eight hours.”

Amends s. 16.

Amends s. 19A.

Enacts s. 19B.

Amends s. 21.

Enacts s. 23A.

12. Section 16 of said chapter 177 is amended by inserting after the word "tires," in the second line of clause (a), the words "and speed."

13. Section 19A of said chapter 177, as enacted by section 7 of the "Motor-vehicle Act Amendment Act, 1924," is amended by adding thereto the words " and no person shall drive or operate a motorcycle on any highway unless he is seated in the driver's seat of the motor-cycle."

14. Said chapter 177 is amended by inserting therein the following as section 19в:

"19B. No person carrying on the business of letting motor-vehicles for hire without drivers shall let for hire any motor-vehicle without first having ascertained that the person to whom it is let is the holder of a driver's licence under this Act, or without having him sign his name to an entry in a record-book to be kept by the person so carrying on business, showing the name of the person to whom the motorvehicle is let and the number of his driver's licence."

15. Section 21 of said chapter 177 is amended by striking out subsection (2), and substituting therefor the following:

"(2.) In case of the transfer by operation of law of the title or interest of an owner of a motor-vehicle registered under section 3, as upon inheritance, bequest, order in bankruptcy, execution sale, repossession upon default in performance of the terms of a lease or conditional-sale contract, or otherwise than by the voluntary act of the person whose title or interest is so transferred, the notice of transfer for purposes of this section (the form of which may be varied in accordance with the facts of the case) shall be signed by the executor, administrator, receiver, trustee, sheriff, or other representative or successor in interest of the person whose title or interest is so transferred in lieu of such person; and the person by whom the notice of transfer is so signed shall cause to be transmitted to the Superintendent evidence satisfactory to him of all facts entitling that person to sign the notice of transfer.

"(3.) All documents required to be transmitted to the Superintendent under this section may be delivered to him or to any officer or constable of Provincial Police for transmission to him, but in every case the person delivering the notice of transfer shall at the same time produce the licence issued under section 3 in respect of the motor-vehicle (if then subsisting), and the person to whom the same is produced shall endorse thereon a memorandum of the notice of transfer and the date of its delivery to him."

16. Said chapter 177 is amended by inserting the following therein as section 23A:

"23A. No applicant for a chauffeur's or driver's licence who fails to demonstrate his ability to read and understand such warning and

other road-signs and signals as are from time to time in use on any highway to the satisfaction of the person to whom his application is delivered pursuant to this Act, when requested by that person to so demonstrate, shall be granted a licence under this Act."

17. Section 25 of said chapter 177 is amended by adding to subsec- Amends s. 25. tion (4) the words "but this subsection shall not extend to the concurrent registration or licensing of more than one motor-vehicle

and one trailer for the same person."

18. Section 29 of said chapter 177, as amended by section 9 of the Amends s. 29. "Motor-vehicle Act Amendment Act, 1924," is further amended by adding thereto the following subsections:

"(3.) Every person who drives or operates a motor-vehicle on any highway, and who is not the holder of a subsisting driver's licence. issued to him under this Act, shall be liable, on summary conviction, to a fine of not less than five dollars and not more than fifty dollars. "(4.) Every person who, being the holder of a driver's licence issued to him under this Act, permits any other person to possess or use his driver's licence shall be liable, on summary conviction, to a fine of not less than five dollars and not more than fifty dollars.

"(5.) Notwithstanding the provisions of any Statute, all fines imposed by virtue of this Act in prosecutions upon information laid by any officer or constable of the Provincial Police shall, when paid or recovered, be paid over to the Minister of Finance, and form part of the Consolidated Revenue Fund; but this subsection shall not apply in respect of any municipality for the policing of which an agreement is in force under section 34 of the Police and Prisons Regulation Act.'"

19. Section 29в of said chapter 177, as enacted by section 10 of the Amends s. 29B. "Motor-vehicle Act Amendment Act, 1924," is amended by striking out the words "this Act or the regulations" in the second line, and substituting therefor the words "section 13 of this Act, or against section 285c of the Criminal Code of the Dominion"; and by inserting after the word "shall," in the fourth line of subsection (1), the words" and in case the conviction is in respect of any other offence against this Act or the regulations the Magistrate or Judge may."

20. Section 35 of said chapter 177 is amended by adding thereto Amends s. 35. the words "but where the motor-vehicle is in the possession of a person under a contract by which he may become the owner of the motor-vehicle upon full compliance with the terms of the contract, and in whose name alone the licence is issued, nothing in this section shall impose any liability on any other person as owner of the motor-vehicle."

21. (1.) Section 39 of said chapter 177 is amended by striking Amends s. 39. out clause (c), and substituting therefor the following: