Motor Vehicles and Bicycles (13:XII)
A cyclist has the same rights and duties as a driver of a motor vehicle including the duties of safe operation, care, attention, consideration, and provision of information at the scene of an accident, of other highway users. In addition, the Motor Vehicle Act provides that an individual commits an offence if he or she operates or is a passenger on a bicycle on a “highway” and is not wearing a helmet (s 184). A “highway” is defined as any road, street, or avenue that a vehicle can drive on. Almost every municipality, including the City of Vancouver, has followed this section of the Motor Vehicle Act by passing bylaws requiring cyclists to wear bicycle helmets.
Furthermore, cyclists must ride on a designated bicycle path, if available, or if not, then in single file as near as practical to the right side of the road (s 183(2)). Lamps and reflectors are required for a cycle operated on a highway between one half-hour after sunset and one half-hour before sunrise (s 183(6)).
In the event of an accident, the cyclist must remain at the scene and lend assistance (s 183(9)). Cyclists are being considered increasingly responsible for accidents they are involved in. One particular area where cyclists are being held responsible is where they pass a driver on the right while the driver is also turning right at an intersection. If a cyclist is hit by a car turning right while the cyclist is passing on the right, it is possible the cyclist may be found at fault. This is indicative of a general trend of cyclists being treated like motor vehicles. If a cyclist is hit while breaking a traffic law, it is quite possible that the cyclist may be held at fault.
CHAPTER 13 LSLAP PROGRAM INFORMATION
LSLAP does not provide representation for provincial offences and will seldom provide representation in criminal motor vehicle offences. LSLAP will not provide representation for indictable offences or offences involving drugs or alcohol. If the offence is serious, the client should be referred to a lawyer, particularly through the Lawyer Referral Service The Legal Services Society (Legal Aid) may represent the accused if there is a risk of imprisonment upon conviction. An accused may also receive Legal Aid representation if he or she faces a loss of livelihood upon conviction, has a mental or physical disability that is a barrier to self-representation, or faces immigration complications that may result in deportation.
CHAPTER 14 APPENDIX A PENALTY POINTS AND FINES
This appendix lists fines and penalty points for some of the most common Motor Vehicle Act offences. As well, please note that many of these offences carry other penalties, discussed in this chapter. A comprehensive list of the penalty points from the Motor Vehicle Act Regulations and the fines from the VTAFR are available on the ICBC website at http://www.icbc.com/driver-licensing/tickets/Pages/fines-points-offences.aspx
| Offence | Motor Vehicle Act Section | Fine | Points |
|---|---|---|---|
| No Driver's License or Wrong Class of License | 24(1) | $276 | 3 |
| Driving Without Insurance | 24(3)(b) | $598 | 0 |
| Failing to Produce a Driver's License or Insurance | 33(1) | $81 | 0 |
| Disobeying a Red Light at an Intersection | 129(1) | $167 | 2 |
| Driving without Due Care and Attention | 144(1)(a) | $368 | 6 |
| Speeding (including in and out of municipalities, and in violation of signs) | 146(1),(3),(5),(7) | $138-196 | 3 |
| Speeding in a School or Playground Zone | 147(1) & (2) | $196-253 | 3 |
| Excessive Speeding | 148(1) | $368-483 | 3 |
| Failing to Keep Right | 150(1) | $109 | 3 |
| Failing to Signal a Turn | 170 | $121 | 2 |
| Using an Electronic Device While Driving/ Emailing or Texting While Driving | 214.2(1) & (2) | $368 | 4 |
| Failing to Wear a Seatbelt or Permitting a Passenger Without a Seatbelt | 220(4) & (6) | $167 | 0 |
| Illegibile License Plate | MVAR s. 3.03 | $230 | 0 |
| Failing to Display and "N" or "L" Sign | MVAR ss. 30.10(2) & (4) | $109 | 0 |
| Failing to Slow Down or Move Over Near a Stopped Official Vehicle | 47.02 | $173 | 3 |
| Illegal Use or Possession of Permit or Insurance | 70(1)(a) | $115-2,300 | 0 |
| Illegal Use or Possesion of Identification Card or Driver's License | 70(1.1) (a) & (b) | $460-23,000 | 0 |
| Motor Vehicle Related Criminal Code Offences | N/A (May be imposed by court) | 10 | |
| Driving While Prohibited/ Suspended | 95(1)/ 234(1) | $575-2,300 | 10 |