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
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
(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."
2 Section 119 (1) is amended in the definition of "cycle" by adding "and includes a motor assisted cycle" after "may ride".
3 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:
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
5 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
6 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
7 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
8 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.
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]
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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