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2000 Legislative Session: 4th Session, 36th Parliament

FIRST READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

HONOURABLE JOY MacPHAIL

MINISTER OF LABOUR

BILL 20 – 2000

MOTOR VEHICLE AMENDMENT ACT, 2000

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

Section 1 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended

(

a) by adding the following definition:

"motor assisted cycle" means a device

(

a) to which pedals or hand cranks are attached that will allow for the cycle to be propelled by human power,

(

b) on which a person may ride,

(

c) to which is attached a motor of a prescribed type that has an output not exceeding the prescribed output, and

(

d) that meets the other criteria prescribed under

section 182.1 (3); ,

(

b) in the definition of "motor vehicle" by adding ", but does not include a motor assisted cycle"

at the end, and

(

c) in the definition of "vehicle" by striking out "except a device designed to be moved by human power or used exclusively on stationary rails or tracks."

and substituting "but does not include a device designed to be moved by human power, a device used exclusively on stationary rails or tracks or a motor assisted cycle."

Section 119 (1) is amended in the definition of "cycle"

by adding "and includes a motor assisted cycle" after "may

ride" .

Section 124 (1) is amended

(

a) by adding the following paragraph:

(x.1) that a parent or guardian of a person under the age of 16 years must not authorize or knowingly permit the person to operate a motor assisted cycle on a path or way designated under paragraph (y); , and

(

b) in paragraph (

y) by striking out "or (x);" and substituting ", (

x) or

(x.1);" .

4 The following

section is added:

Motor assisted cycles

182.1

(1) A person who is under the age of 16 years commits an offence if that person operates a motor assisted cycle on a highway.

(2) A parent or guardian of a person under the age of 16 years commits an offence if the parent or guardian authorizes or knowingly permits the person to operate a motor assisted cycle on a highway.

(3) The Insurance Corporation of British Columbia may make regulations respecting motor assisted cycles including, without limitation, regulations prescribing

(

a) the criteria that must be met by a device in order for it to qualify as a motor assisted cycle for the purposes of this Act,

(

b) the requirements that must be met in relation to operators of, and equipment attached to, motor assisted cycles, and

(

c) restrictions on what may be attached to or carried on a motor assisted cycle.

Consequential Amendments

Commercial Transport Act

Section 1 of the Commercial Transport Act, R.S.B.C. 1996, c. 58, is amended by repealing the definition of

"motor vehicle" and substituting the following:

"motor vehicle" means a vehicle designed to be self propelled, but does not include

(

a) a vehicle operating wholly on fixed rails or tracks,

(

b) an electric trolley bus, or

(

c) a motor assisted cycle within the meaning of the Motor Vehicle Act; .

Highway (Industrial) Act

Section 1 of the Highway (Industrial) Act, R.S.B.C. 1996, c. 189, is amended by repealing the definition of

"motor vehicle" and substituting the following:

"motor vehicle" includes all vehicles propelled other than by muscular power, but does not include

(

a) the cars of electric and steam railways,

(

b) other motor vehicles running only on rails or tracks, or

(

c) motor assisted cycles within the meaning of the Motor Vehicle Act; .

Motor Carrier Act

Section 1 of the Motor Carrier Act, R.S.B.C. 1996, c. 315, is amended by repealing the definition of

"motor vehicle" and substituting the following:

"motor vehicle" means a vehicle propelled otherwise than by muscular power, and includes any attached trailer, but does not include

(

a) airplanes,

(

b) the cars of electric and steam railways,

(

c) other vehicles running only on rails or tracks, or

(

d) motor assisted cycles within the meaning of the Motor Vehicle Act; .

Waste Management Act

Section 38 of the Waste Management Act, R.S.B.C. 1996, c. 482, is amended in the definition of

"motor vehicle" by adding ", and includes a motor assisted cycle as that term is defined in that Act"

at the end.

Commencement

9 Sections 1 to 8 come into force by regulation of the Lieutenant Governor in Council.

Explanatory Notes

SECTION 1: [Motor Vehicle Act, amends

section 1] defines "motor assisted cycle" and

excludes those cycles from the

definitions of "motor vehicle" and "vehicle".

SECTION 2: [Motor Vehicle Act, amends

section 119 (1)] includes motor assisted cycles as

cycles for the purposes of

Part 3 of the Motor Vehicle Act.

SECTION 3: [Motor Vehicle Act, amends

section 124 (1)] provides to municipalities the

power to make bylaws prohibiting a parent or guardian of a person under the

age of 16 years from authorizing or knowingly permitting the person to operate

a motor assisted cycle on a designated path or way.

SECTION 4: [Motor Vehicle Act, enacts

section 182.1]

makes it an offence for a person under 16 years of age to operate a motor assisted cycle on a highway,

makes it an offence for a parent or guardian of a person under 16 years of age to authorize or permit that minor to operate a motor assisted cycle on a highway, and

provides the Insurance Corporation of British Columbia with the ability to make regulations respecting motor assisted cycles.

Commercial Transport Act

SECTION 5: [Commercial Transport Act, amends

section 1] excludes motor assisted

cycles from the definition of "motor vehicle" for the purposes of the Commercial

Transport Act.

Highway (Industrial) Act

SECTION 6: [Highway (Industrial) Act, amends

section 1] excludes motor assisted cycles

from the definition of "motor vehicle" for the purposes of the Highway (Industrial)

Act.

Motor Carrier Act

SECTION 7: [Motor Carrier Act, amends

section 1] excludes motor assisted cycles from

the definition of "motor vehicle" for the purposes of the Motor Carrier Act.

Waste Management Act

SECTION 8: [Waste Management Act, amends

section 38] includes motor assisted cycles

within the definition of "motor vehicle" for the purposes of

Part 6 of the Waste

Management Act.

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© 2000: Queen's Printer, Victoria, British Columbia, Canada