1992 Legislative Session: 1st Session, 35th Parliament
FIRST READING


The following electronic version is for informational purposes only.
The printed version remains the official version.


MR. SERWA

BILL M 207 -- 1992

BICYCLE SAFETY HELMET ACT

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

1 Section 218 of the Motor Vehicle Act, R.S.B.C. 1989, is amended by inserting the following section enumerated 218.1 after the existing section 218:

218.1 (1) A person shall not operate a cycle on a highway without properly wearing a cycle safety helmet.

(2) A person shall not operate a cycle on a highway with an infant, when the infant is not properly wearing a cycle safety helmet.

(3) For the purposes of subsections (1) and (2), a helmet that has, by regulations that may be made by the superintendent, been designated as an approved cycle safety helmet, shall be deemed to be a cycle safety helmet.

(4) (a) Where a person is convicted of an offence under this Act in respect of the person's riding or operating a cycle, the court may, in addition to or in lieu of any penalty otherwise prescribed, order the cycle seized, and on the expiry of that period the person entitled to it may again have possession of the cycle.

(b) For the purpose of seizing and impounding a cycle pursuant to an order made under paragraph (a), a peace officer may enter by force any place or building in which the cycle is situated.

2 This Act comes into effect by Royal Assent.

NOTES

1 Section 115 of the Motor Vehicle Act, R.S.B.C. 1989, defines the following word:

"cycle" means a device having any number of wheels that is propelled by human power and on which a person may ride;

2 Section 1 of the Motor Vehicle Act, R.S.B.C. 1989, defines the following word:

"highway" includes every highway within the meaning of the Highway Act, and every road, street, lane or right of way designed or intended for or used by the general public for the passage of vehicles, has access or is invited;


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