1995 Legislative Session: 4th Session, 35th Parliament
FIRST READING
The following electronic version is for informational purposes only.
The printed version remains the official version.
HONOURABLE JACKIE PEMENT
MINISTER OF TRANSPORTATION
AND HIGHWAYS
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 The definition of "emergency vehicle" in section 1 of the Motor Vehicle Act, R.S.B.C. 1979, c. 288, is amended by adding ", or cycle as defined in Part 3," after "motor vehicle" wherever it appears.
2 The following section is added:
24.11 (1) The superintendent may issue a driver's licence, with a term of more than 90 days but less than one year, to a person who has entered into an arrangement with the superintendent for the payment of a fine referred to in section 24.1 (1) (b.1).
(2) Every licence issued under subsection (1) is subject to the condition that the person to whom the licence is issued complies with the arrangement referred to in that subsection.
(3) The superintendent may, with or without a hearing or refunding the fees for the licence, cancel a driver's licence issued under subsection (1) if the person to whom it is issued fails to comply with the condition set out in subsection (2).
(4) If a person is notified that the person's driver's licence has been cancelled under this section, the person must
(a) if notified of the cancellation by mail, immediately send the driver's licence to the superintendent, and
(b) if notified of the cancellation by personal service by a peace officer, sheriff or person authorized by the superintendent to do anything under this Act, surrender the driver's licence to the serving peace officer, sheriff or person.
3 Section 24.2 is amended by striking out "section 215" and substituting "section 215 or 216".
4 Section 55 (2) is amended by striking out "subsection (2.1)," and substituting "subsection (2.1) and section 24.11,".
5 Section 62 (2) is amended
(a) by striking out "The driver of a vehicle" and substituting "The driver or operator or any other person in charge of a vehicle", and
(b) by repealing paragraph (b) (i) and substituting the following:
(i) the name and address of the driver, operator or other person in charge; .
6 Section 62 (3) is amended
(a) by striking out "The driver of a vehicle" and substituting "The driver or operator or any other person in charge of a vehicle", and
(b) by repealing paragraph (a) and substituting the following:
(a) the name and address of the driver, operator or other person in charge of the vehicle; .
7 Section 68 is repealed and the following substituted:
68 (1) Every person commits an offence who
(a) alters, obliterates or repaints a figure or letter
(i) on a number plate issued under this Act,
(ii) on a numbered decal issued under section 11 (2), or
(iii) on any other document issued under this Act for the temporary operation of a motor vehicle or trailer,
(b) drives, operates or has charge of a motor vehicle or trailer having displayed on it
(i) a number plate, numbered decal or document referred to in paragraph (a) on which a figure or letter has been altered, obliterated or repainted, or
(ii) a number plate, numbered decal or other document for the temporary operation of a motor vehicle or trailer, that has not been issued under this Act but that is of a colour or design resembling or purporting to be a number plate, numbered decal or document for the temporary operation of a motor vehicle or trailer issued under this Act,
(c) alters a driver's licence issued under this Act, or
(d) drives, operates or has charge of a motor vehicle or trailer while in possession of a driver's licence that has been altered.
(2) Subsection (1) (b) applies to a number plate, numbered decal or other document for the temporary operation of a motor vehicle or trailer issued in another jurisdiction.
(3) Subsection (1) (d) applies to a driver's licence issued in another jurisdiction.
8 Section 85 is amended
(a) by striking out "or" at the end of paragraph (c),
(b) by adding ", or" at the end of paragraph (d), and
(c) by adding the following paragraph:
(e) cancel the person's driver's licence without issuing a different class of driver's licence to that person .
9 Section 115 is amended
(a) in the definition of "cycle" by adding ", but does not include a skate board, roller skates or in-line roller skates" after "ride", and
(b) by adding the following definitions:
"bus lane" means a lane of a laned roadway in respect of which prescribed signs or markings indicate that the lane is reserved for the exclusive use of buses or other prescribed motor vehicles and devices;
"high occupancy vehicle lane" means a lane of a laned roadway in respect of which prescribed signs or markings indicate that the lane is reserved for the exclusive use of buses, motor vehicles that meet prescribed occupancy requirements and other prescribed motor vehicles and devices; .
10 Section 118 is amended by adding the following subsection:
(2.1) The requirement to show a flashing red light under subsection (2) does not apply to the driver of an emergency vehicle if the emergency vehicle is a cycle.
11 Section 120 is amended
(a) in subsection (1) by adding the following paragraphs:
(b.1) that a person operating or riding as a passenger on a cycle on a path or way designated under paragraph (b.3) must properly wear a bicycle safety helmet that
(i) is designated as an approved bicycle safety helmet under section 185.1 (4) (a), or
(ii) meets the standards and specifications prescribed under section 185.1 (4) (b);
(b.2) that a parent or guardian of a person under the age of 16 years must not authorize or knowingly permit the person to operate or ride as a passenger on a cycle on a path or way designated under paragraph (b.3) if that person is not properly wearing a bicycle safety helmet that
(i) is designated as an approved bicycle safety helmet under section 185.1 (4) (a), or
(ii) meets the standards and specifications prescribed under section 185.1 (4) (b);
(b.3) for the designation of paths or ways within the municipality, other than paths or ways that are highways or are located on private property, for the purposes of a bylaw made under paragraph (b.1) or (b.2);
(b.4) for the exemption of any person or class of persons from a bylaw made under paragraph (b.1) or (b.2) and prescribing conditions for those exemptions; , and
(b) by adding the following subsection:
(1.2) Despite subsection (1) (s), a municipality may not impose imprisonment or a fine of more than $100 for the contravention of a bylaw made under subsection (1) (b.1) or (b.2).
12 Section 134 is amended
(a) in subsection (1) by striking out "When" and substituting "Subject to subsection (1.1), when", and
(b) by adding the following:
(1.1) The driver of a bus approaching an intersection and facing a red light and a prescribed white rectangular indicator may cause the bus to proceed through the intersection.
13 The following sections are added:
155.1 If a laned roadway has a high occupancy vehicle lane, a person must not drive a motor vehicle or other device in that lane unless permitted by the regulations.
155.2 If a laned roadway has a bus lane, a person must not drive a motor vehicle or other device in that lane unless permitted by the regulations.
14 Section 185 (2) (b) is amended by striking out "roadway;" and substituting "highway;".
15 Section 185 is amended by adding the following subsections:
(2.1) Nothing in subsection (2) (b) requires a person to ride a cycle on any part of a highway that is not paved.
(2.2) Despite section 167, a person operating a cycle who intends to turn it to the left at an intersection where there is more than one lane from which left turns are permitted must
(a) cause the cycle to approach the intersection in the lane closest to the right side of the highway from which a left turn is permitted,
(b) keep the cycle to the right of the line that divides the lane referred to in paragraph (a) from the lane immediately to the left of that lane,
(c) after entering the intersection, turn the cycle to the left so that it will leave the intersection to the right of the line referred to in paragraph (b), and
(d) when practicable, turn the cycle in the portion of the intersection to the left of the centre of the intersection.
16 Section 185 (3) is repealed.
17 Section 185 (4) is amended by striking out "cycle, coaster, roller skates, sled or play vehicle" and substituting "cycle, skate board, roller skates, in-line roller skates, sled, play vehicle or other similar means of conveyance".
18 Section 185 (5) is repealed and the following substituted:
(5) A cycle operated on a highway between 1/2 hour after sunset and 1/2 hour before sunrise must have the following equipment:
(a) a lighted lamp mounted on the front and under normal atmospheric conditions capable of displaying a white light visible at least 150 m in the direction the cycle is pointed;
(b) a red reflector of a make or design approved by the superintendent for the purposes of this section;
(c) a lighted lamp, mounted and visible to the rear, displaying a red light.
(5.1) Despite any other provision of this Act or the regulations, a cycle may be equipped with a flashing red light that is of a make or design approved by the superintendent for the purposes of this section.
(5.2) A cycle operated on a highway must be equipped with a brake that will enable the person operating the cycle to make the braked wheels skid on dry, level and clean pavement.
19 Section 185 (6) (b) is amended by striking out "$25," and substituting "$100,".
20 Section 185 (8) (b) is amended by striking out "by force".
21 Section 185 is amended by adding the following subsection:
(9) A person operating a cycle on a highway must signify
(a) a left turn by extending the person's left hand and arm horizontally from the cycle,
(b) a right turn by doing either of the following:
(i) extending the person's left hand and arm out and upward from the cycle so that the upper and lower parts of the arm are at right angles;
(ii) extending the person's right hand and arm horizontally from the cycle, and
(c) a stop or decrease in speed by extending the person's left hand and arm out and down from the cycle.
22 The following section is added:
185.1 (1) A person commits an offence if that person operates or rides as a passenger on a cycle on a highway and is not properly wearing a bicycle safety helmet that
(a) is designated as an approved bicycle safety helmet under subsection (4) (a), or
(b) meets the standards and specifications prescribed under subsection (4) (b).
(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 or ride as a passenger on a cycle on a highway if that person is not properly wearing a bicycle safety helmet that
(a) is designated as an approved bicycle safety helmet under subsection (4) (a), or
(b) meets the standards and specifications prescribed under subsection (4) (b).
(3) A person who is convicted of an offence under subsection (1) or (2) is liable to a fine of not more than $100.
(4) The superintendent may make regulations as follows:
(a) designating a helmet as an approved bicycle safety helmet for the purposes of this section;
(b) prescribing standards and specifications for bicycle safety helmets.
(5) Regulations made under subsection (4) (b) may adopt by reference, in whole or in part, standards or specifications published by a national or international standards association, as amended from time to time.
(6) The Lieutenant Governor in Council may make regulations as follows:
(a) providing for and requiring the identification and marking of bicycle safety helmets;
(b) exempting any person or class of persons from the requirements of this section and prescribing conditions for those exemptions.
23 Section 211 (1) is amended by adding the following paragraph:
(q) providing for high occupancy vehicle lanes and bus lanes and the use and occupation of those lanes by prescribed motor vehicles or classes of motor vehicles or by prescribed devices or classes of devices, and allowing, prohibiting or restricting the use of high occupancy vehicle lanes and bus lanes in prescribed circumstances.
24 Section 214 is amended
(a) by repealing subsections (2) and (3) and substituting the following:
(2) A peace officer may, at any time or place on a highway or industrial road if the peace officer has reasonable and probable grounds to believe that a driver's ability to drive a motor vehicle is affected by alcohol,
(a) request the driver to drive the motor vehicle, under the direction of the peace officer, to the nearest place off the travelled portion of the highway or industrial road,
(b) serve the driver with a notice of driving prohibition, and
(c) if the driver is in possession of a driver's licence, request the driver to surrender that licence.
(3) A peace officer may, at any time or place on a highway or industrial road if the peace officer has reasonable and probable grounds to believe that a driver's ability to drive a motor vehicle is affected by a drug, other than alcohol,
(a) request the driver to drive the motor vehicle, under the direction of the peace officer, to the nearest place off the travelled portion of the highway or industrial road,
(b) serve the driver with a notice of driving prohibition, and
(c) if the driver is in possession of a driver's licence, request the driver to surrender that licence. ,
(b) in subsection (5) by striking out "requested the surrender of the driver's licence." and substituting "served the driver with a notice of driving prohibition under subsection (2) or (3).",
(c) in subsection (6) by striking out "who is requested to surrender his driver's licence" and substituting "who is served with a notice of driving prohibition",
(d) in subsection (7) by striking out "who is requested to surrender his driver's licence" and substituting "who is served with a notice of driving prohibition", and
(e) in subsection (8) by striking out "who is requested to surrender his driver's licence" and substituting "who is served with a notice of driving prohibition".
25 Section 216 (2) (a) (ii) is amended by striking out "required to allow the inspection," and substituting "required, to present the vehicle for inspection".
26 Section 220.1 (2) is repealed.
27 (1) This Act, except sections 11 and 22, comes into force by regulation of the Lieutenant Governor in Council.
(2) Sections 11 and 22 come into force on September 3, 1996.
SECTION 1: [Motor Vehicle Act, amends section 1] adds cycles to the definition of "emergency vehicle".
SECTION 2: [Motor Vehicle Act, adds section 24.11] permits the superintendent to issue a short term driver's licence to a person who has entered into an arrangement with the superintendent for the payment of unpaid fines. It is a condition of the licence that the person comply with the arrangement and the superintendent may cancel the licence for failure to comply with that condition. If the licence is cancelled, the person must immediately surrender it to the superintendent.
SECTION 3: [Motor Vehicle Act, amends section 24.2] adds a reference to section 216 to clarify that the Superintendent of Motor Vehicles may refuse to issue a licence and number plates for failure to comply with the inspection requirements of section 216.
SECTION 4: [Motor Vehicle Act, amends section 55 (2)] ensures that a short term driver's licence issued under the new section 24.11 of the Act is excepted from the general rule that a driver's licence is for a term of 5 years.
SECTION 5: [Motor Vehicle Act, amends section 62 (2)] makes the language consistent with section 62 (1) and clarifies that the requirements of the section apply to an operator or person in charge of a vehicle in addition to the driver.
SECTION 6: [Motor Vehicle Act, amends section 62 (3)] makes the language consistent with section 62 (1) and clarifies that the requirements of the section apply to an operator or person in charge of a vehicle in addition to the driver.
SECTION 7: [Motor Vehicle Act, reenacts section 68] adds subsections (2) and (3) to clarify that it is an offence to operate a motor vehicle while in possession of an altered number plate or driver's licence issued in another jurisdiction. The amendment also makes it an offence to alter numbered decals or documents issued for the temporary operation of a motor vehicle or trailer.
SECTION 8: [Motor Vehicle Act, amends section 85] adds a paragraph (e) to permit the Superintendent of Motor Vehicles to cancel a driver's licence of a person without issuing a different class of driver's licence to the person.
SECTION 9: [Motor Vehicle Act, amends section 115]
(a) amends the definition of "cycle" to exclude skate boards, roller skates and in-line roller skates;
(b) adds definitions of "bus lane" and "high occupancy vehicle lane" for the purposes of the new sections 166.1 and 166.2.
SECTION 10: [Motor Vehicle Act, amends section 118] states that the requirement for drivers of emergency vehicles to show a flashing red light does not apply to the driver of an emergency vehicle if the emergency vehicle is a cycle.
SECTION 11: [Motor Vehicle Act, amends section 120]
(a) adds provisions to subsection (1) to permit municipalities to make bylaws requiring the wearing of bicycle safety helmets, and
(b) states that a municipality may not impose imprisonment or a fine greater than $100 for the contravention of a bylaw requiring the wearing of bicycle safety helmets.
SECTION 12: [Motor Vehicle Act, amends section 134]
(a) amends subsection (1) by making it subject to the new subsection (1.1);
(b) adds a subsection (1.1) to clarify that a bus facing a red light and a transit priority signal may proceed through an intersection ahead of other traffic.
SECTION 13: [Motor Vehicle Act, adds sections 155.1 and 155.2] adds 2 new sections to make it an offence to drive a motor vehicle or other device in a bus lane or high occupancy vehicle lane unless permitted by the regulations.
SECTION 14: [Motor Vehicle Act, amends sections 185 (2) (b)] clarifies that a cyclist is required to ride as near as practicable to the right side of the highway and not the roadway.
SECTION 15: [Motor Vehicle Act, amends section 185] clarifies that a person is not required to ride a cycle on any part of a highway that is not paved. The amendment also adds subsection (2.2) to provide rules for cyclists making a left turn where there is more than one lane from which a left turn is permitted.
SECTION 16: [Motor Vehicle Act, repeals section 185 (3)]
SECTION 17: [Motor Vehicle Act, amends section 185 (4)] modernizes the terminology of section 185 (4).
SECTION 18: [Motor Vehicle Act, reenacts section 185 (5) and adds section 185 (5.1) and (5.2)] modernizes the lighting equipment requirements of section 185 (5). The amendment also adds subsections (5.1) and (5.2) to
(a) clarify that a cycle may be equipped with a flashing red light that is of a make or design approved by the Superintendent of Motor Vehicles, and
(b) require that a cycle operated on a highway has brakes.
SECTION 19: [Motor Vehicle Act, amends section 185 (6) (b)] provides that an accident involving a cycle need only be reported to police if property damage exceeds $100.
SECTION 20: [Motor Vehicle Act, amends section 185 (8) (b)] removes the ability of a peace officer impounding a cycle to enter a place by force.
SECTION 21: [Motor Vehicle Act, adds section 185] provides hand and arm signal requirements for cyclists.
SECTION 22: [Motor Vehicle Act, adds section 185.1] creates an offence for persons operating or riding as a passenger on a cycle on a highway if the person is not wearing a bicycle safety helmet. The section also creates an offence for parents or guardians authorizing or knowingly permitting a person under age 16 to operate or ride as a passenger on a cycle on a highway if the person is not wearing a bicycle safety helmet.
SECTION 23: [Motor Vehicle Act, amends section 211 (1)] adds a power to make regulations respecting the use and occupation of bus lanes and high occupancy vehicle lanes.
SECTION 24: [Motor Vehicle Act, amends section 214]
(a) repeals and replaces subsections (2) and (3) to clarify that a 24 hour prohibition may be imposed on a person who is not in possession of a driver's licence;
(b) amends subsection (5) to clarify that the 24 hour prohibition runs from the time a notice of driving prohibition is served rather than from the time the peace officer requests the surrender of a driver's licence;
(c) amends subsection (6) to clarify that the prohibition is based on the service of a notice of driving prohibition rather than on the request for a surrender of a driver's licence;
(d) amends subsection (7) to clarify that the prohibition is based on the service of a notice of driving prohibition rather than on the request for a surrender of a driver's licence;
(e) amends subsection (8) to clarify that the prohibition is based on the service of a notice of driving prohibition rather than on the request for a surrender of a driver's licence.
SECTION 25: [Motor Vehicle Act, amends section 216] is consequential to the amendment to section 24.2 of the Motor Vehicle Act. The amendment makes the wording of section 216 consistent with the wording of section 24.2.
SECTION 26: [Motor Vehicle Act, amends section 220.1] repeals section 220.1 (2). The length of the driving prohibition is already provided for in section 92.
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