Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations

EMPLOYMENT STANDARDS REGULATION - PART 1 - INTERPRETATION

ESR Section 1 – Definitions – Bus Operator


Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

This section contains definitions for terms used throughout the Employment Standards Regulation.


Text of Legislation

"bus operator" means a person who operates a motor vehicle that

(a) seats more than 7 passengers,

(b) is available for use by the public, and

(c) is operated for or on behalf of a person who charges or collects compensation for transporting passengers in that motor vehicle;


Policy Interpretation

Under this definition a “bus operator’ operates a motor vehicle that:

  • seats more than 7 passengers
  • is available for use by the public; and
  • charges compensation for transporting passengers in the motor vehicle

This definition does not include bus operators employed by a company transporting its own employees to and from work locations, such as a farm labour contractor operation, logging company, or mining operation.

Examples

Sam drives a mini-van that seats 8, 1 driver and 7 passengers and charges those passengers a fee for transporting them. This individual would not be considered to be a bus operator as the motor vehicle does not seat more than 7 passengers.

Penny drives a 12-seat passenger van. Her employer supplies the van in order to pick up other co-workers to work at various work locations at no charge to the employees. Penny would not be considered to be a bus operator as the van is not available for public use and/or the passengers are not charged a fee for the transportation.

Section 44(a) of the Regulation identifies when a “bus operator” is excluded from overtime pay under s.40 of the Act.


Related Information

Related sections of the Act or Regulation

ESA

ESR