Bicycles and Motor Assisted Cycles (13:XIII): Difference between revisions
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{{REVIEWED LSLAP | date= | {{REVIEWED LSLAP | date= August 14, 2024}} | ||
{{LSLAP Manual TOC|expanded = motor}} | {{LSLAP Manual TOC|expanded = motor}} | ||
== A. Bicycles == | == A. Bicycles == | ||
The ''Motor Vehicle Act Amendment Act'', SBC 2023, c 17 (“''MVAA''”) defines “cycle” as a device on which a person may ride that has wheels and is only capable of being propelled by human power that is not any other prescribed mobility device (e.g., wheelchair, stroller, scooter), with the exception of a motor assisted cycle. | |||
A cyclist has the same rights and duties as a driver of a motor vehicle including the duties of safe operation, care, attention, consideration, and provision of information at the scene of an accident, of other highway users. In addition, the Motor Vehicle Act provides that an individual commits an offence if they operate or is a passenger on a bicycle on a “highway” and is not wearing a helmet (s 184). A “highway” is defined as any road, street, or avenue that a vehicle can drive on. Almost every municipality, including the City of Vancouver, has followed this section of the Motor Vehicle Act by passing bylaws requiring cyclists to wear bicycle helmets. | |||
In the event of an accident, the cyclist must remain at the scene and lend assistance (s 183(9)). Cyclists are being considered increasingly responsible for accidents they are involved in. One particular area where cyclists are being held responsible is where they pass a driver on the right while the driver is also turning right at an intersection. If a cyclist is hit by a car turning right while the cyclist is passing on the right, it is possible the cyclist may be found at fault. This is indicative of a general trend of cyclists being treated like motor vehicles. If a cyclist is hit while breaking a traffic law, it is | Furthermore, cyclists must ride on a designated bicycle path, if available, or if not, then in single file as near as practical to the right side of the road (s 183(2)). Lamps and reflectors are required for a cycle operated on a highway between one half-hour after sunset and one half-hour before sunrise (s 183(6)). | ||
In the event of an accident, the cyclist must remain at the scene and lend assistance (s 183(9)). Cyclists are being considered increasingly responsible for accidents they are involved in. One particular area where cyclists are being held responsible is where they pass a driver on the right while the driver is also turning right at an intersection. If a cyclist is hit by a car turning right while the cyclist is passing on the right, it is possible the cyclist may be found at fault. This is indicative of a general trend of cyclists being treated like motor vehicles. If a cyclist is hit while breaking a traffic law, it is q2uite possible that the cyclist may be held at fault. | |||
The Motor Vehicle Amendment Act came into effect on June 3, 2024, and created new duties for drivers regarding cyclists, pedestrians, and other prescribed persons. The ''MVAA'' adds sections 157.1 to the ''MVA'' which states that drivers must not pass cyclists, pedestrians or other prescribed persons unless they may do so safely while maintaining a minimum distance of 1 meter. The ''MVAA'' also adds section 162.1, which states that drivers must not follow cyclists, pedestrians or other prescribed persons unless they may do so safely while maintaining a minimum distance of3 meters. | |||
Failure to take proper precautions or to provide the above minimum safe distances is an offence. Police can issue violation tickets and fines for contravention of vulnerable road user safety laws. Penalties range from $109 and 3 driver penalty points for failure to take proper precautions, and $368 and 3 driver penalty points for failure to maintain prescribed safe distances, up to a maximum fine of $2,000 and 6 months of imprisonment. | |||
Additionally, the ''MVAA'' added the definition of “vulnerable road user” as a pedestrian or a person in operation or on a cycle, motorcycle, electric kick scooter, mobility scooter, electric wheelchair, animal, or animal-driven vehicle. Section 144.1 of the ''MVA'' was added to provide a general duty for motorists to take proper precaution with respect to vulnerable road users on highways. | |||
The ''MVAA'' also changed the definition of pedestrian under the ''MVA''. Pedestrians are persons who are not in or on a vehicle, cycle, or other device, unless the device is capable of being propelled by human power or is similar to a wheelchair, stroller, skateboard, kick scooter, roller skates, in-line roller skates, skis or a sleigh. Additionally, pedestrians are not persons on animals or persons in or on designated personal mobility devices. This change in definition affects multiple provisions throughout that ''MVA'' that refer to pedestrians. | |||
The first circumstance is if the police officer is reasonably uncertain as to whether the bicycle is self-propelled or human-propelled, and has reasonable grounds to believe the bicyle is being operated in contravention of the ''MVA''. The second circumstance is if the the police officer has reasonable grounds to believe the bicycle is self-propelled, and that it is being operated in contravention of the ''MVA''. | |||
== B. Motor Assisted Cycles == | == B. Motor Assisted Cycles == | ||
Motor assisted cyclists are subject to the same rights and duties as a driver of a motor vehicle. There is no requirement for a driver’s license, registration, or insurance in order to operate a motor assisted cycle. To prevent illegal operation, it is important to consult the legal definition of a “motor assisted cycle” under section 1 of the Motor Vehicle Act. Per section 182.1 of the Motor Vehicle Act. the specific criteria set out in the Motor Assisted Cycle Regulation must also be met. | |||
The definition of a “motor assisted cycle” in the ''MVA'' was repealed and substituted by the ''MVAA'' to mean “a device prescribed as a motor assisted cycle for the purposes of section 182.1.” | |||
Section 182.1, added to the ''MVA'' by the ''MVAA'', states that motor assisted cycles must not be operated on highways except in accordance with regulations. It also states that the Lieutenant Governor may prescribe a device as a motor assisted cycle if: | |||
a) a person can ride on it | |||
b) it can be propelled by human power | |||
c) it has a motor that does not exceed a prescribed power output | |||
d) and can be operated while the motor is engaged and propelling the device. | |||
In | In ''R v Ghadban'', 2021 BCCA 69, Ghadban was convicted for not having a valid driver’s license and for driving without insurance. Ghadban contended that the electric vehicle he was operating was a motor assisted cycle, which would not require him to be licensed or insured. The Court held that the vehicle’s primary mode of propulsion was the electric motor rather than the pedals. The Court also stated that the motor never ‘assists’ cycling because the motor does not run while it is being manually pedalled. | ||
For more information on the differences between Motor Assisted Cycles and Limited Speed Motorcycles, please visit ICBC’s page on electric bikes: https://www.icbc.com/vehicle-registration/specialty-vehicles/Low-powered-vehicles/Pages/Electric-bikes.aspx. | For more information on the differences between Motor Assisted Cycles and Limited Speed Motorcycles, please visit ICBC’s page on electric bikes: https://www.icbc.com/vehicle-registration/specialty-vehicles/Low-powered-vehicles/Pages/Electric-bikes.aspx. | ||
== C. Designated Personal Mobility Devices == | |||
Designated personal mobility devices are defined in section 182.01 of the ''MVA'' (as amended by the ''MVAA'') as a device prescribed by the Lieutenant Governor in Council which meets the following set of criteria. A designated personal mobility device must be designed to be self-propelled, unable to exceed a prescribed speed, and meet other prescribed criteria. It also cannot be a motor assisted cycle, nor can it transport more than one person (unless regulations provide otherwise). Section 182.01 states that designated personal mobility devices must not be operated on highways, except in accordance with regulations. | |||
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Latest revision as of 21:03, 21 August 2024
| This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 14, 2024. |
A. Bicycles
The Motor Vehicle Act Amendment Act, SBC 2023, c 17 (“MVAA”) defines “cycle” as a device on which a person may ride that has wheels and is only capable of being propelled by human power that is not any other prescribed mobility device (e.g., wheelchair, stroller, scooter), with the exception of a motor assisted cycle.
A cyclist has the same rights and duties as a driver of a motor vehicle including the duties of safe operation, care, attention, consideration, and provision of information at the scene of an accident, of other highway users. In addition, the Motor Vehicle Act provides that an individual commits an offence if they operate or is a passenger on a bicycle on a “highway” and is not wearing a helmet (s 184). A “highway” is defined as any road, street, or avenue that a vehicle can drive on. Almost every municipality, including the City of Vancouver, has followed this section of the Motor Vehicle Act by passing bylaws requiring cyclists to wear bicycle helmets.
Furthermore, cyclists must ride on a designated bicycle path, if available, or if not, then in single file as near as practical to the right side of the road (s 183(2)). Lamps and reflectors are required for a cycle operated on a highway between one half-hour after sunset and one half-hour before sunrise (s 183(6)).
In the event of an accident, the cyclist must remain at the scene and lend assistance (s 183(9)). Cyclists are being considered increasingly responsible for accidents they are involved in. One particular area where cyclists are being held responsible is where they pass a driver on the right while the driver is also turning right at an intersection. If a cyclist is hit by a car turning right while the cyclist is passing on the right, it is possible the cyclist may be found at fault. This is indicative of a general trend of cyclists being treated like motor vehicles. If a cyclist is hit while breaking a traffic law, it is q2uite possible that the cyclist may be held at fault.
The Motor Vehicle Amendment Act came into effect on June 3, 2024, and created new duties for drivers regarding cyclists, pedestrians, and other prescribed persons. The MVAA adds sections 157.1 to the MVA which states that drivers must not pass cyclists, pedestrians or other prescribed persons unless they may do so safely while maintaining a minimum distance of 1 meter. The MVAA also adds section 162.1, which states that drivers must not follow cyclists, pedestrians or other prescribed persons unless they may do so safely while maintaining a minimum distance of3 meters.
Failure to take proper precautions or to provide the above minimum safe distances is an offence. Police can issue violation tickets and fines for contravention of vulnerable road user safety laws. Penalties range from $109 and 3 driver penalty points for failure to take proper precautions, and $368 and 3 driver penalty points for failure to maintain prescribed safe distances, up to a maximum fine of $2,000 and 6 months of imprisonment.
Additionally, the MVAA added the definition of “vulnerable road user” as a pedestrian or a person in operation or on a cycle, motorcycle, electric kick scooter, mobility scooter, electric wheelchair, animal, or animal-driven vehicle. Section 144.1 of the MVA was added to provide a general duty for motorists to take proper precaution with respect to vulnerable road users on highways.
The MVAA also changed the definition of pedestrian under the MVA. Pedestrians are persons who are not in or on a vehicle, cycle, or other device, unless the device is capable of being propelled by human power or is similar to a wheelchair, stroller, skateboard, kick scooter, roller skates, in-line roller skates, skis or a sleigh. Additionally, pedestrians are not persons on animals or persons in or on designated personal mobility devices. This change in definition affects multiple provisions throughout that MVA that refer to pedestrians.
The first circumstance is if the police officer is reasonably uncertain as to whether the bicycle is self-propelled or human-propelled, and has reasonable grounds to believe the bicyle is being operated in contravention of the MVA. The second circumstance is if the the police officer has reasonable grounds to believe the bicycle is self-propelled, and that it is being operated in contravention of the MVA.
B. Motor Assisted Cycles
Motor assisted cyclists are subject to the same rights and duties as a driver of a motor vehicle. There is no requirement for a driver’s license, registration, or insurance in order to operate a motor assisted cycle. To prevent illegal operation, it is important to consult the legal definition of a “motor assisted cycle” under section 1 of the Motor Vehicle Act. Per section 182.1 of the Motor Vehicle Act. the specific criteria set out in the Motor Assisted Cycle Regulation must also be met.
The definition of a “motor assisted cycle” in the MVA was repealed and substituted by the MVAA to mean “a device prescribed as a motor assisted cycle for the purposes of section 182.1.”
Section 182.1, added to the MVA by the MVAA, states that motor assisted cycles must not be operated on highways except in accordance with regulations. It also states that the Lieutenant Governor may prescribe a device as a motor assisted cycle if:
a) a person can ride on it b) it can be propelled by human power c) it has a motor that does not exceed a prescribed power output d) and can be operated while the motor is engaged and propelling the device.
In R v Ghadban, 2021 BCCA 69, Ghadban was convicted for not having a valid driver’s license and for driving without insurance. Ghadban contended that the electric vehicle he was operating was a motor assisted cycle, which would not require him to be licensed or insured. The Court held that the vehicle’s primary mode of propulsion was the electric motor rather than the pedals. The Court also stated that the motor never ‘assists’ cycling because the motor does not run while it is being manually pedalled.
For more information on the differences between Motor Assisted Cycles and Limited Speed Motorcycles, please visit ICBC’s page on electric bikes: https://www.icbc.com/vehicle-registration/specialty-vehicles/Low-powered-vehicles/Pages/Electric-bikes.aspx.
C. Designated Personal Mobility Devices
Designated personal mobility devices are defined in section 182.01 of the MVA (as amended by the MVAA) as a device prescribed by the Lieutenant Governor in Council which meets the following set of criteria. A designated personal mobility device must be designed to be self-propelled, unable to exceed a prescribed speed, and meet other prescribed criteria. It also cannot be a motor assisted cycle, nor can it transport more than one person (unless regulations provide otherwise). Section 182.01 states that designated personal mobility devices must not be operated on highways, except in accordance with regulations.
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