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1997 Legislative Session: 2nd Session, 36th Parliament

FIRST READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

MS. SAWICKI

BILL M 209 – 1997

MOTOR VEHICLE AMENDMENT

(MOTORIZED CYCLES) ACT

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 by repealing the

definitions of "motor vehicle" , "emergency vehicle" , and "vehicle" and substituting the

following:

"motor vehicle" means a vehicle, not run on rails, that is designed to be self

propelled or propelled by electric power obtained from overhead trolley wires,

and excludes motorized cycles.

"emergency vehicle" means any of the following:

(

a) a motor vehicle, cycle or motorized cycle, carrying rescue or first aid

equipment if there is an urgent emergency justifying a rate of speed in

excess of any maximum rate of speed provided for in this Act;

(

b) a motor vehicle, cycle or motorized cycle, driven by a member of a fire

department in the discharge of his or her duties;

(

c) a motor vehicle, cycle or motorized cycle, driven by a peace officer,

constable or member of the police branch of Her Majesty's Armed Forces

in the discharge of his or her duty;

"vehicle" means a device in, on or by which a person or thing is or may be

transported or drawn on a highway, except a device designed to be moved by

human power or used exclusively on stationary rails or tracks, and excludes

motorized cycles.

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

following

definitions:

"motorized cycle" means a cycle which is fitted with an accessory, self-propelling

engine or electric motor.

"cycle" means a device having any number of wheels that is propelled by human

power and on which a person may ride, but does not include a skate board, roller

skates, or in-line roller skates.

Section 119 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318 is amended by repealing the

definition of "cycle" , and repealing the definition of "traffic" and substituting the

following definition:

"traffic" includes pedestrians, ridden or herded animals, vehicles, cycles, motorized

cycles and other conveyances, either singly or together, while using a highway

to travel.

Section 124 (1) (v), (w), and (

x) of the Motor Vehicle Act, R.S.B.C. 1996, c. 318 is

amended by substituting the term "cycle or motorized cycle" for every occurrence of the

term "cycle" , or "cycles or motorized cycles" for every occurrence of the term "cycles" .

Section 183 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318 is amended by substituting

the term "cycle or motorized cycle" for every occurrence of the term "cycle" .

Section 184 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318 is amended by substituting

the term "cycle or motorized cycle" for every occurrence of the term "cycle" .

Section 189 (3) of the Motor Vehicle Act, R.S.B.C. 1996, c. 318 is repealed and the

following substituted:

(3) Despite subsection (1) (f), a municipality may provide by bylaw that a person

may, if authorized by a sign posted by the municipality, within 6 m of the

approach side of a crosswalk, park cycles, motorized cycles, or motorcycles of a

size and in a manner that does not obstruct a motorist's view of the crosswalk or

of an intersection, and, if the municipality does so provide, a person may park a

cycle, motorized cycle or motorcycle in accordance with the bylaw.

Section 210 (2) of the Motor Vehicle Act, R.S.B.C. 1996, c. 318 is amended by adding the

following subsection:

(

s) prescribing the use, capabilities, size, power, and weight of motorized

cycles, and operator and equipment requirements and restrictions.

Commencement

9 This Act comes into force by regulation of the Lieutenant Governor in Council.

Explanatory Notes

SECTION 1: [Motor Vehicle Act, amends

section 1] amends the definition of "motor

vehicle" to exclude motorized cycles. This is needed to ensure equipment

requirements for motor vehicles and driver licence requirements do not apply

to motorized cycles. The definition of "emergency vehicle" is amended to

include motorized cycles. The definition of "vehicle" is amended to exclude

motorized cycles.

SECTION 2: [Motor Vehicle Act, amends

section 1] provides a definition of "motorized

cycles", and the definition of "cycle" is amended to exclude motorized cycles,

and the definition is moved from

section 119 to

section 1.

SECTION 3: [Motor Vehicle Act, amends

section 119] repeals the definition of "cycle" (as it

is moved to

section 1) and amends the definition of "traffic" to include

motorized cycles.

SECTION 4: [Motor Vehicle Act, amends

section 124 (1) (v), (

w) and (x)] provides that

municipalities may make bylaws respecting the use of motorized cycles, safety

helmets required by the operators of motorized cycles, and establishes the age

of 16 years as that age under the parents or guardians of an operator or

passenger on a motorized cycle are responsible for ensuring that safety helmets

are worn.

SECTION 5: [Motor Vehicle Act, amends

section 183] obligates operators of motorized

cycles to the same rights and duties of operators of cycles.

SECTION 6: [Motor Vehicle Act, amends

section 184] obligates operators of motorized

cycles to the same bicycle safety helmet provisions for operators of cycles.

SECTION 7: [Motor Vehicle Act, amends

section 189 (3)] provides that motorized cycles

are included in a bylaw making authority provided to municipalities which

permits the parking of cycles and motorcycles within 6 metres of a crosswalk

or intersection.

SECTION 8: [Motor Vehicle Act, amends

section 210 (2)] confers upon the Lieutenant

Governor regulation making powers with respect to the use, capabilities, size,

power and weight of motorized cycles, and operator and equipment requirements and restrictions. An age requirement is to be established by regulation

pursuant to the Motor Vehicle Act .

Copyright © 1997: Queen's Printer, Victoria, British Columbia, Canada