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
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 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.
2 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.
3 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.
4 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".
5 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".
6 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".
7 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.
8 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.
9 This Act comes into force by regulation of the Lieutenant Governor in Council.
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.
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