Electric Bike Laws

Electric Bike Laws

compiled by Don Chandler, 2006

Canada:

Sustainable Development http://www.sdtc.ca/en/about/innovation.htm

Importing Vehicles http://www.tc.gc.ca/roadsafety/importation/menu.htm

Vehicle Safety Act: An Act to regulate the manufacture and importation of motor vehicles and motor vehicle equipment to reduce the risk of death, injury and damage to property and the environment

"vehicle" means any vehicle that is capable of being driven or drawn on roads by any means other than muscular power exclusively, but does not include any vehicle designed to run exclusively on rails.

Vancouver By-Laws

http://www.city.vancouver.bc.ca/bylaws/

http://vancouver.ca/engsvcs/transport/cycling/

http://vancouver.ca/engsvcs/transport/skate.htm

http://vancouver.ca/ctyclerk/cclerk/011211/ttmins.htm

Small Motorozed Vehicles Report http://www.city.vancouver.bc.ca/ctyclerk/cclerk/011211/tt4.htm

A few relevant quotes from Vancouver By-Laws:

DRIVING ON SIDEWALK OR BOULEVARD PROHIBITED

80. (1) No person shall ride, drive, or lead any animal, or move, drive, run or propel any vehicle (except light carriages or chairs for the conveyance of children or invalids), along, over, or across any sidewalk or boulevard except at:

(a) Lane crossings or sidewalk crossings specially constructed for vehicular traffic.

(b) Locations for which the City Engineer has granted written

permission and then subject only to the conditions contained in such permission.

60. No person shall ride any bicycle upon any sidewalk except where posted by signs.

60A. No person shall ride a bicycle upon a street while wearing headphones, or any other manufactured device capable of transmitting sound, over or in close proximity to both ears, except that this prohibition shall not apply to the wearing of a device designed and worn for the purpose of improving the wearer's ability tohear sounds emanating from outside of the device.

60B. No person shall ride a bicycle upon a street unless the bicycle is equipped with a bell capable of being used as a warning.

60C. The various paths and ways shown and described by either a thick black solid line or a thick black dashed line on the plans attached to this By-law as Schedule C are, pursuant to Section 124(1) of the Motor Vehicle Act, hereby designated for the purposes of sections 60D and 60E.

60D. No person shall operate or ride as a passenger on a bicycle on any path or way

shown on Schedule C unless the person is properly wearing a bicycle safety helmet

that has been designated under or complies with the standards and specifications of the Motor Vehicle Act.

60E. No parent or guardian of a person under the age of 16 years shall authorize or knowingly permit the person to operate or ride as a passenger on a bicycle on any path or way shown on Schedule C unless the person is properly wearing a bicycle safety helmet that has been designated under or complies with the standards and specifications of the Motor Vehicle Act.

60F. A police officer may arrest without warrant any bicyclist whom the officer finds committing a breach of any provision of this by-law if such person fails to stop and state his or her proper name and address when so requested by the police officer.

RIDING, COASTING AND SLIDING ON STREETS

77. Except as permitted by section 77A, No person shall coast or slide with sleds, skis, skates, skateboard or other apparatus on any street, lane, or other public place; provided, however that the Council may declare any street, lane or other public place closed to all other traffic for the purpose of permitting coasting with sleds, skis, skates, skateboard or other apparatus thereon; and the Chief Constable may make such provision for prohibiting such other traffic and with the assistance of the City Engineer may make such provision for protecting such persons using such streets, lanes, or public places as aforesaid for the purpose of enabling such coasting and sledding to be carried on with safety.

77A. (1) Despite section 77 but subject to the requirements of this section 77A, a person may ride or coast on non-motorized skates, skateboard, or push scooter on any minor street.

(2) A person riding or coasting on non-motorized skates, skateboard, or push scooter must, at the request of a police officer, state his or her correct name, address, and date of birth.

(3) A person must not ride or coast on non-motorized skates, skateboard, or push scooter on any minor street while wearing headphones, or any other manufactured device capable of transmitting sound, over or in close proximity to both ears, except that this prohibition will not apply to the wearing of a device designed and worn for the purpose of improving the wearer=s ability to hear sounds emanating from outside of the device.

(4) A person must not ride or coast on non-motorized skates, skateboard, or push-scooter on any minor street unless:

(a) that person wears a helmet, wrist guards, elbow pads, knee pads, and front and rear reflective equipment, and, in the case of skates

or a skateboard, wrist guards; and

(b) the skates, skateboard, or push-scooter has a braking mechanism.

(5) A person must not ride or coast on non-motorized skates, skateboard, or push-scooter on any minor street:

(a) unless that person travels in the direction of vehicular traffic and as closely as possible to the curb that separates the roadway from the sidewalk; or

(b) in a reckless manner or in a manner that will obstruct traffic or endanger the safety or property of any person.

(6) A police officer may arrest without warrant any person riding or coasting on skates, skateboard, or push-scooter whom the officer finds committing a breach of any provision of this By-law if such person fails to stop and From the city of Vancouver report prior to ICBC approval etc.: http://www.city.vancouver.bc.ca/ctyclerk/cclerk/011211/tt4.htm

The following is a summary of the requirements proposed for the electric cycle regulations (details of the ICBC - Notice of Proposed Rule Making can be found in Appendix E) not online:

Propulsion system: electric motor only

Max. power output: 500 Watts

Max. speed: 32 km/h on level ground

Max. weight: 50 kg

Presently, electric cycles

Provincial Laws

http://www.publications.gov.bc.ca/

BC Motor Vehicle Act and Regs http://www.qp.gov.bc.ca/statreg/stat/M/96318_03.htm#section183

BC MVAs http://www.qp.gov.bc.ca/statreg/list_statreg_m.htm

Motor Assisted Cycles Regs: http://www.qp.gov.bc.ca/statreg/reg/M/MotorVehicle/151_2002.htm

A few quotes from the BC Motor Vehicles Act

2 (1) In this section, "private road" means a private road used by the public for vehicular traffic with permission of the owner or licensee of the road.

(2) This Act does not apply to the driving or operation of a mechanically propelled invalid's chair that is used only for the purposes for which it was designed.

(3) Despite subsection (2), a person must not drive or operate on a highway a mechanically propelled invalid's chair of a type or class prescribed by the Lieutenant Governor in Council as a motor vehicle unless the person complies with this Act.

...

(9) Except under sections 95, 102 and 144, a person must not be charged with or convicted of an offence under the Motor Vehicle Act as the result of the driving or operation of a motor vehicle or trailer

(a) on a private road owned by the owner or lessee of the motor vehicle, or

(b) in an industrial use by an industrial user on a private road by arrangement with the owner of the road.

(10) Despite this section, but subject to subsection (11), a person must not drive or operate a motor vehicle or trailer referred to in this section unless

(a) the person holds a subsisting driver's license of a class appropriate to the category of motor vehicle driven or operated,

(b) the person is insured under a valid and subsisting driver's certificate, and

(c) the motor vehicle and the trailer, if any, are insured under a valid and subsisting motor vehicle liability policy evidenced by an owner's certificate.

...

Registration and license

3 (1) Except as otherwise provided in this Act, the owner of a motor vehicle or trailer must, before it is used or operated on a highway,

(a) register the motor vehicle or trailer with the Insurance Corporation of British Columbia,

(b) obtain a license for its operation under this section, and

“limited speed motorcycle” means a motorcycle that

(a) is equipped with a motor having

(i) a piston displacement of not more than 50 cc, or

(ii) a power source that produces a maximum of 1.5 kW,

(b) has a power drive system that does not require clutching or shifting by the operator after the drive system is engaged,

(d) has a maximum weight of 95 kg excluding fuel or batteries used to store energy for vehicle propulsion, and

(e) has wheels of a diameter of 254 mm or more;

...

Motor assisted cycles

182.1 (1) A person who is under the age of 16 years commits an offense 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 offense 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

Rights and duties of operator of cycle

183 (1) In addition to the duties imposed by this section, a person operating a cycle on a highway has the same rights and duties as a driver of a vehicle.

(2) A person operating a cycle

(a) must not ride on a sidewalk unless authorized by a bylaw made under section 124 or unless otherwise directed by a sign,

(b) must not, for the purpose of crossing a highway, ride on a crosswalk unless authorized to do so by a bylaw made under section 124 or unless otherwise directed by a sign,

(d) must not ride abreast of another person operating a cycle on the roadway,

(e) must keep at least one hand on the handlebars,

(f) must not ride other than on or astride a regular seat of the cycle,

(g) must not use the cycle to carry more persons at one time than the number for which it is designed and equipped, and

(h) must not ride a cycle on a highway where signs prohibit their use.

(3) Nothing in subsection (2) (c) requires a person to ride a cycle on any part of a highway that is not paved.

...

(5) A person must not ride a cycle, skate board, roller skates, in-line roller skates, sled, play vehicle or other similar means of conveyance when it is attached by the arm and hand of the rider or otherwise to a vehicle on a highway.

(6) 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 Insurance Corporation of British Columbia for the purposes of this section;

...

(8) 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.

...

Bicycle safety helmets

184 (1) A person commits an offense 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).

...

(3) A person who is convicted of an offense under subsection (1) or (2) is liable to a fine of not more than $100.

...

Driving on sidewalk

200 A driver must not drive on a sidewalk, walkway or boulevard, except when entering or leaving a driveway or lane or when entering or leaving land adjacent to a highway, or by permission granted under a bylaw made under section 124.

...

From the BC Motor Vehicle Act

http://www.qp.gov.bc.ca/statreg/stat/M/96318_01.htm#section183

"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,

(d) that meets the other criteria prescribed under section 182.1 (3);

------------------------------------------------------

from the Motor Vehicle Regulations:

http://www.qp.gov.bc.ca/statreg/reg/M/MotorVehicle/151_2002.htm

B.C. Reg. 151/2002

Insurance Corporation of British Columbia

Deposited June 21, 2002

Motor Vehicle Act

MOTOR ASSISTED CYCLE REGULATION

Contents

1 Motor

2 Wheels

3 Motor shut-off requirement

4 Generators

5 Brake performance requirement

6 Drive system and equipment securement

7 Electrical terminals

Motor

1 (1) A motor assisted cycle must have no more than one motor for propulsion.

(2) The motor of a motor assisted cycle must

(a) be an electric motor,

(b) have a continuous power output rating of not more than 500 watts, and

Wheels

2 (1) The wheels of a motor assisted cycle must be 350 mm or more in diameter.

(2) A motor assisted cycle must not have more than 3 wheels in contact with the ground.

Motor shut-off requirement

3 (1) A motor assisted cycle must be equipped with a mechanism, separate from the accelerator controller, that

(a) allows the driver to turn the motor on and off from a normal seated position while operating the motor assisted cycle, or

(b) prevents the motor from turning on or engaging before the motor assisted cycle attains a speed of 3 km/hr.

(2) The motor of a motor assisted cycle must turn off or disengage if

(a) the operator stops pedaling,

(b) an accelerator controller is released, or

Generators

4 A motor assisted cycle must not be equipped with a generator, alternator or similar device powered by a combustion engine.

Brake performance requirement

5 (1) A motor assisted cycle must be equipped with brakes on all wheels or on each axle.

(2) The braking system must be capable of bringing the motor assisted cycle, while being operated at a speed of 30 km/hr, to a full stop within 9 m from the point at which the brakes were applied.

Drive system and equipment securement

6 The motor drive system and all energy storage devices of a motor assisted cycle must be secured to prevent movement in any direction relative to the motor assisted cycle while the motor assisted cycle is operating.

Electrical terminals

7 All electrical terminals on a motor assisted cycle must be completely insulated or covered.

[Provisions of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, relevant to the enactment of this regulation: section 182.1]

--------------------------------------------------------------------------------

from Motor Vehicle Act chapter 318 Part 3

http://www.qp.gov.bc.ca/statreg/stat/M/96318_03.htm#section183

"cycle" means a device having any number of wheels that is propelled by human power and on which a person may ride and includes a motor assisted cycle, but does not include a skate board, roller skates or in-line roller skates;

...

Motor assisted cycles

182.1 (1) A person who is under the age of 16 years commits an offense 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 offense 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

Rights and duties of operator of cycle

183 (1) In addition to the duties imposed by this section, a person operating a cycle on a highway has the same rights and duties as a driver of a vehicle.

(2) A person operating a cycle

(a) must not ride on a sidewalk unless authorized by a bylaw made under section 124 or unless otherwise directed by a sign,

(b) must not, for the purpose of crossing a highway, ride on a crosswalk unless authorized to do so by a bylaw made under section 124 or unless otherwise directed by a sign,

(d) must not ride abreast of another person operating a cycle on the roadway,

(e) must keep at least one hand on the handlebars,

(f) must not ride other than on or astride a regular seat of the cycle,

(g) must not use the cycle to carry more persons at one time than the number for which it is designed and equipped, and

(h) must not ride a cycle on a highway where signs prohibit their use.

(3) Nothing in subsection (2) (c) requires a person to ride a cycle on any part of a highway that is not paved.

(4) Despite section 165, 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.

(6) 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 Insurance Corporation of British Columbia for the purposes of this section;

(7) 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 Insurance Corporation of British Columbia for the purposes of this section.

(8) 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.

(9) If an accident occurs by which a person or property is injured, directly or indirectly, owing to the presence or operation of a cycle on a highway or a sidewalk, the person in charge of the cycle must

(a) remain at or immediately return to the scene of the accident,

(b) render all possible assistance, and

(c) give to anyone sustaining loss or injury, and to any peace officer who is present, his or her name and address and the name and address of the owner of the cycle, and if the cycle has been licensed and registered, the licence or registration number of the cycle.

(10) If an accident involving the presence or operation of a cycle on a highway or a sidewalk, either directly or indirectly causes death or injury to a person or damage to property causing aggregate damage apparently exceeding $100, the person in charge of the cycle must immediately report the matter to a police officer or a person designated by the Insurance Corporation of British Columbia to receive those reports, and must furnish information, including that referred to in section 67 (8), respecting the accident as may be required by the police officer or person designated.

(11) A report made under this section is without prejudice and is for the information of the Provincial or municipal police, and must not be open to public inspection.

(12) The fact the report has been made is admissible in evidence solely to prove compliance with this section, and the report is admissible in evidence on the prosecution of any person for the offence of making a false statement in it.

(13) Despite subsections (11) and (12), a peace officer may, when giving evidence in a proceeding, refer to a report prepared by him or her under subsection (9) or (10) to refresh his or her memory.

(14) A person must not operate a cycle

(a) on a highway without due care and attention or without reasonable consideration for other persons using the highway, or

(b) on a sidewalk without due care and attention or without reasonable consideration for other persons using the sidewalk.

(15) If a person is convicted of an offence under this Act in respect of his or her riding or operating a cycle, the court may, in addition to or in place 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.

(16) For the purpose of seizing and impounding a cycle under an order made under subsection (15), a peace officer may enter any place or building in which the cycle is located.

(17) 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

Bicycle safety helmets

184 (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 offense under subsection (1) or (2) is liable to a fine of not more than $100.

(4) The Lieutenant Governor in Council 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.

Driving on sidewalk

Web Site Links

Canada:

Sustainable Development http://www.sdtc.ca/en/about/innovation.htm

Importing Vehicles http://www.tc.gc.ca/roadsafety/importation/menu.htm

Motor Vehicle Regulations: the details of equipment

http://www.tc.gc.ca/acts-regulations/GENERAL/m/mvsa/regulations/mvsrg/toc_mvsrg.htm

Motorcycle classes and equipment

http://www.tc.gc.ca/acts-regulations/GENERAL/m/mvsa/regulations/mvsrg/schedules/001/mvsrsiii.html

Gov Canada Environmental Affairs Transport Canada

http://www.tc.gc.ca/programs/environment/menu.htm

USA

http://www.access.gpo.gov/cgi-bin/cfrassemble.cgi?title=199749

http://www.dmv.ca.gov/pubs/vctop/vc/vctoc.htm

USA Regs: http://www.access.gpo.gov/cgi-bin/cfrassemble.cgi?title=199749

Provincial Laws

http://www.legis.gov.bc.ca/2000/hansard/H00612p.HTM

http://www.publications.gov.bc.ca/

BC Motor Vehicle Act and Regs http://www.qp.gov.bc.ca/statreg/stat/M/96318_03.htm#section183

BC MVAs http://www.qp.gov.bc.ca/statreg/list_statreg_m.htm

Motor Assisted Cycles Regs: http://www.qp.gov.bc.ca/statreg/reg/M/MotorVehicle/151_2002.htm

From the BC Motor Vehicle Act

http://www.qp.gov.bc.ca/statreg/stat/M/96318_01.htm#section183

from the Motor Vehicle Regulations:

http://www.qp.gov.bc.ca/statreg/reg/M/MotorVehicle/151_2002.htm

from Motor Vehicle Act chapter 318 Part 3

http://www.qp.gov.bc.ca/statreg/stat/M/96318_03.htm#section183

Vancouver By-Laws

http://www.city.vancouver.bc.ca/bylaws/

http://vancouver.ca/engsvcs/transport/cycling/

http://vancouver.ca/engsvcs/transport/skate.htm

http://vancouver.ca/ctyclerk/cclerk/011211/ttmins.htm

Small Motorozed Vehicles Report http://www.city.vancouver.bc.ca/ctyclerk/cclerk/011211/tt4.htm

Some other interesting sites:

Asian scooters and fuel cells how to build: http://www.spinglass.net/scooters/

Car Cycle

http://microship.com/bobstuart/article1.html

http://www.twike.ca/

http://www.sidewindercycle.com/

http://users.pandora.be/fietser/FVDW.htm

http://www.bentrideronline.com/features/necessaryvelo/necessaryvelo1204.htm

http://www.wisil.recumbents.com/wisil/hpvbikes97.htm

http://www.bicycleman.com/recumbents/lightning/lightning_p38_f40.htm

Folding Recumbant Competition in Germany

2002: http://www.faltlieger.de/en/competitors.html

2005 http://www.spezialradmesse.de/

http://home.arcor.de/da-ckel/ddb/ddb.htm

http://www.rowingbike.com/main.php

http://www.toysrbob.com/dan.html

Build a Segway: http://www.tlb.org/scooter.html

Monocycles: http://www.dself.dsl.pipex.com/MUSEUM/TRANSPORT/motorwhl/motorwhl.htm

Lithium Ion Batteries

http://www.evworld.com/view.cfm?section=communique&newsid=7681

http://www.theglobeandmail.com/servlet/story/RTGAM.20050222.gtsony0222/BNStory/Technology

http://www.batscap.com/en/

From the Provincial Legislature discussion and preamble to approval of electric bikes goes to the intent of the law.

http://www.legis.gov.bc.ca/2000/hansard/H00612p.HTM

Orders of the Day

Hon. D. Lovick: I guess I should wait for the opposition to chill out after a stressful weekend or something.

In this House, I want to call second reading on Bill 20. In the small chamber, I want to call Committee of Supply. We are debating the estimates of the Ministry of Small Business, Tourism and Culture.

[1435]

MOTOR VEHICLE AMENDMENT ACT, 2000

(second reading)

Hon. J. MacPhail: I move second reading of Bill 20, the Motor Vehicle Amendment Act, 2000 to allow for the introduction of motor-assisted cycles. As you know, June is Bike Month. Last week people celebrated Bike to Work Week. For a few days of the year, anyway, people who normally take their cars to work experience for themselves the joy of biking to work. It meant an easier pace and less frustration for hundreds of commuters who so often must navigate streets and roads clogged with larger passenger vehicles.

We believe that encouraging people to use motor-assisted cycles will add to the pleasure that people experience while riding ordinary bicycles. It encourages more people to get fit by offering them a reprieve from the fatigue of pedalling. It also provides a potential benefit to B.C.'s cycling retail industry. What this legislation provides for is the elimination of registration requirements for motor-assisted cycles. We hope that will encourage more people to take advantage of a new mode of transportation. That, in turn, promotes growth for bicycle retailers. The amendment also makes it easier for people to take advantage of an increasingly popular mode of transportation while maintaining strict safety standards.

While I would like to say that we're the first jurisdiction to introduce motor-assisted cycles as being classified as a bicycle rather than a motorcycle, unfortunately, I can't claim this. It will please the opposition to know that the bastion of Alberta already allows motor-assisted cycles to be on the road as bicycles, as do the states of Washington and California. The legislation provides for regulation which will restrict the type of motor and the power of the motor in order for a bicycle to be classified as a motor-assisted cycle and therefore be exempt from the licensing registration of it being a motor vehicle.

This is good news for people, particularly older people, who want to ride a bicycle but, unfortunately, due to the geography or the terrain of a certain area, can't make the commute to work. This will allow, on the basis of human power, for a motor to kick in on a bicycle and allow that person then to revert to human power. The cycle has to have pedals on it so that there won't be any question about what is a bicycle, etc. Pretty much everything has been covered off. It's wonderful news in this month of Bike Month, and last week was Environment Week. The combination really is good news. It's a step forward for people in British Columbia, and I look forward to all members of the House taking this issue up in support.

D. Jarvis: In response to the minister, I hope she wasn't making that face at me. In any event, we are not too concerned with this bill and the way it's been presented. We all enjoy biking; I bike as much as I can. However, I don't seem to be propelled forward; I usually sit on it in my basement, pedaling my bike; it's the same type of vehicle, having a pedal and a crank. And if I do hit anyone, I won't be affected by the $250 CRC, the crash charge that the minister's ICBC has.

However, there are a couple of small concerns that aren't really of too much importance -- I hope not, anyway -- and that is to deal with the fact that this bill pertains to cycles that can be motorized. One that was brought to my attention by one of my colleagues was the fact that it was. . . . Would it be the motors. . . ? Are there any restrictions as to the size of the motors? Will it be a two-stroke motor? If it is a two-stroke

[ Page 16425 ]

motor, then we're looking forward to seeing a situation where they have, you know, talked about environmentally unfriendly vehicles, because they discharge a lot of smoke and all the rest of it, and we'd be like another one of the Third World countries.

Other than that, I assume that it does not apply to motorized scooters. There was another question brought up which I think this does not include, and that is with regards to the present problem that's coming up in the future with motorized skateboards. If you weren't aware of it, that is the latest rage right now. That is ostensibly some type of a cycle.

[1440]

The last thing I had to question of the minister was the fact that the requirements of licensing under this. . . . No one under 16 can operate one of these vehicles. Would they go under the same requirements as the rest of the Motor Vehicle Act, as it applies to new drivers of new vehicles? In other words, would they have that famous N drivers program apply to any person who did not have a driver's license at this stage -- what's that, 16 or over?

So having said that, unless the minister can confirm that my concerns wouldn't be any problem, then we are more in favor of accepting this bill as presented.

Hon. J. Sawicki: I want to say that I rise to speak in support of this bill with a very personal interest in it as well, since this was something that I have been trying to get before this Legislature for several years now. I want to just talk a little bit. I will address in my comments some of the hon. member's questions.

As the minister has said, this is simply removing a barrier that has existed in the Motor Vehicle Act for people who choose to ride their bicycles and may wish to strap on one of those velcro battery packs that are freely available, certainly across the line in the United States. They are even available in some of the bike stores in Victoria and the lower mainland. But as is often the case, there are unintended barriers to buying these packages. Theoretically, until this House passes the bill, it would be illegal to put one of those on your bicycle without then going and getting a license, and taillights, insurance, etc.

I want to tell hon. members just how I came to be a great fan of this small but, I think, very significant change. I want to mention someone by name, who called me, I guess, about three or four years ago. His name is Brian Dietrich. He works as a staff person for B.C. Hydro. He knew about my environment bent, and he said -- my name, of course, which I can't repeat in this House right now -- "surely, with all of the legislation that we pass in this province, we can find a way to fix this."

Hon. Speaker, I thought it would be a matter of a month or two when I could find a way through a policy or a regulation change to remove this barrier to a motor-assisted cycle. Well, here it is four years later. I think several cabinet ministers who have had responsibility for ICBC have been badgered by me many, many times. I am very pleased to see that it's here in front of us.

The thing is, however -- and the hon. minister has mentioned -- that we are acting ahead of other provinces. But I do want to say that the technology around transportation, the alternative to the private automobile, is changing so quickly that I have no doubt that by the time we actually consult on the regulations that will go with this piece of legislation, there will be several more small technology kits on the market, and we will have to decide just how far we want to extend the regulation that goes with this legislation. I can assure the hon. member for North Vancouver-Seymour that there is no intent in this piece of legislation to allow two-stroke engines or to go into the whole internal combustion kind of moped or anything else.

[1445]

One of the goals, one of the benefits, of this piece of legislation is to clean up the air, avoid the use of fossil fuels and provide a viable, alternate transportation form not only for recreational purposes but for the growing number of people who actually would commute to work -- except that, perhaps from either a physical perspective or a fitness perspective or an age perspective, they just feel that they can't quite handle the bicycle on their own.

I include myself in that category. Just this weekend I was very pleased to open another section of the north-south bike route in my own community of Burnaby. It happens to be the one that connects my house, and I could ride it up to my community office. However, there is a rather steep hill. I just have sort of a 10-year-old, 10-speed bicycle, and I find that I can't quite handle that. But with this piece of legislation, attaching that small Velcro battery pack on that bicycle would actually make it viable for me to commute to my constituency office, which I would be very, very happy to do.

Some of the other benefits that this small innovative change would bring about -- and the hon. minister mentioned this. . . . It does provide additional, albeit small, economic opportunity in the various cities and towns of our province. I know that when people found out that I was working on this small amendment, I was contacted by a number of bike shops which said: "Look, you know, we'd bring these kits in here if in fact we could sell them to our customers in good conscience, without them having to go and buy $1,200 or $1,500 worth of insurance." Everyone realizes that that just doesn't really make sense.

So I think that there are many opportunities here. This is only one of the first kinds of innovation changes that we need to make to the Motor Vehicle Act. I know Transport Canada is working very hard on how they're going to accommodate the new technologies, whether hybrid-fuel vehicles or Ballard fuel cell vehicles. The fact is that with the growing awareness of greenhouse gases and climate change, we need -- especially in urban areas -- to reduce traffic congestion and to find much more environmentally friendly ways to move people. The step we are discussing this afternoon, today, in this Legislature is one small step, but it is an indication of a direction that we need to go to make sure that we remove the barriers to doing that.

With that, I hope that hon. members in the House will support this small amendment. I know that when we get through this bill and it receives royal assent -- which I dearly hope it will -- I have a file this thick in my office. I'm going to be able to contact people, and there are going to be a lot of people who are going to be very happy about this small but very practical change that government can make to accommodate environmentally friendly transportation.

Thank you. I'm pleased to support this bill.

D. Symons: I rise to speak on second reading of this particular bill as well. I just have a few questions, more than

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comments, relating to the bill. I hear some terms used, and I would gather that there is a distinction between "motor" and "engine." The previous speaker indicated that we were dealing with battery packs. I assume that when you say "motor," then, that means it is electric power only. So I will be looking and probably asking these questions throughout the committee stage of the bill.

My concern also, however, is liability. I have concerns now with bicyclists and also with this particular one that's going to have motorized cycles on the roadway. In the event that somebody sideswipes your car or scratches along it, the expense can be considerable to have a car painted nowadays. Where is the liability going to come from and how are we going to manage to cover that?

I'm sure that if you go into ICBC and just say, "Somebody went along the side of my car," they'll say, "Have you any witnesses? Have you a license plate number, some way we can identify the person who damaged your car?" And there is some way of then following through on that claim. Indeed, in this case that may not be the case.

So I think these are issues that will have to be addressed. They're going to come up sometime in the future if not when we discuss the bill. When the bill becomes law, certainly it's going to come up in the public domain as the consequences of these particular circumstances may occur. So it's something I just want us to be aware of, to consider. Maybe you'll have some answers for us during the committee stage.

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Hon. A. Petter: Well, I can't possible allow legislation affecting bicycles to pass without offering a few supportive comments. The minister responsible for ICBC referenced in introducing the bill that last week was Bike to Work Week. It was also a very proud week for us in Greater Victoria, because we were declared the bicycle capital of Canada -- by official provincial proclamation, no less -- based on the fact that 5 percent of all residents in Greater Victoria cycle to and from work, more than 2.5 times our nearest competitor, which is that other capital city back east known as Ottawa.

I've just heard today that the numbers of people who participated in Bike to Work Week in Victoria was higher than it has ever been in the past, and that, in this community at least, there is a huge commitment to alternative transportation -- in particular, bicycle transportation -- that has started to materialize in recent years and is building. And that rate of usage of bicycle commuters in Victoria almost matches -- not quite, but close -- the number of people who use public transit, so it's a very significant alternative form of transportation.

The whole mission of Bike to Work Week is to try to broaden that circle and try to encourage more people, more individuals, to use bicycles as an alternative -- either to commute to work or for recreational opportunities -- and by doing that enhance a cleaner environment and cleaner air, encourage people to become healthier through the exercise and get more people to enjoy the experience of cycling to and from work and cycling for recreation.

What this legislation does is enable that circle to broaden further. I must say, when I first heard about the legislation, I was a little concerned. It refers to motor-assisted bicycles, and one worries, under those circumstances: "What is this going to mean? Are these going to be large, noisy or intrusive motors that assist these cycles?" I've been reassured that in fact they are not. They're quiet; they're small. But they can make the difference for people who are elderly, for people who may have a disability, for people who are frail for one reason or another. It can make the difference between being able to bicycle and not being able to bicycle.

It seems to me that if we can -- in an environmentally friendly, non-intrusive way -- broaden the opportunities for cycling to a whole new category of users, then that is a very positive step indeed, and I expect that one of the results here in Greater Victoria is that we will see those numbers rise beyond the extraordinary level of cycling that already occurs.

Beyond that, cycling is becoming more and more an alternative right across the province. So if I could speak a little less parochially. . . . There has been huge effort in recent years by government to invest in cycling as an alternative. There is a cycling network program, which now provides matching grants to municipalities. The Ministry of Transportation and Highways, which used to be seen as an anti-cycling ministry, is now seen as a pro-cycling ministry. In fact, I even saw the minister wearing a Bike to Work T-shirt last week, he was so pro-cycling.

An Hon. Member: He didn't actually bike, but he was wearing a shirt.

Hon. A. Petter: No, I think he actually got on his bicycle too -- perhaps just to justify getting the T-shirt, but nonetheless, he actually got on his bicycle as well. He, I think, epitomizes a change in the whole mentality of transportation in this province within the provincial government and beyond.

Those grants have gone a long way to add bicycle infrastructure and bicycle lanes on roadways throughout the province. In addition, the Transportation Financing Authority has committed $5 million to the Trans Canada Trail development right across southern British Columbia -- a magnificent project from sea to sea, right across Canada, that unites this country. That investment will assist in the development of that trail.

Recently advisory committees have been set up by the Minister of Transportation and Highways to give advice on how to integrate bicycle infrastructure into highway design. Just a few years ago, I had to fight, along with other local MLAs, to convince Transportation and Highways to have a bicycle lane in the McKenzie interchange and along the Trans Canada Trail. Now not only are they willing to do that, but they have an advisory committee made up of cyclists to assist them in doing that.

Last week a new brochure on bicycle safety was put out, sponsored in part by the provincial government. Through the B.C. 2000 program, a number of projects to enhance bicycle infrastructure have been supported.

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So this legislation is a small but significant part of a much larger development not only in greater Victoria, where I have the pleasure of pursuing my own bicycle interests, but right across the province. I hope it will send a signal that bicycling is an alternative for people of all ages and all walks of life and even people who may suffer from disabilities and others, for whom these motor-assisted cycles can provide the opportunity to enjoy the experience that so many are starting to enjoy more and more each day.

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For that reason, I am delighted to say that I will be supporting this legislation, and I encourage all other members to do so as well.

Hon. G. Wilson: I had originally not intended to speak to Bill 20, although I certainly am very supportive and pleased with it. Listening to the debate, I think there is one aspect of this bill that we need to reflect on. It deals with more than just the provision of motor-assisted cycling for those who may need some assistance in moving their bicycle because of whatever, as the Attorney General has just mentioned. It speaks more to what I think we, as British Columbians and Canadians, need to start to focus on in a broader context. Often a small and somewhat insignificant bill such as this may go by unnoticed. Some might even smile and think it's humorous that it should in fact enjoy a bill all of its own, when issues far more fundamental and perhaps far more important are covered in miscellaneous bills.

What is interesting about this particular bill is that it sends a signal, I think, with respect to the commitment that this government is making to try wherever possible, to remove the obstacles toward a general shift in local -- and I stress local -- transportation.

One of the things in this ministry, the Ministry of Employment and Investment, that we are facing -- and it's something that I think is interesting -- is the extent to which, on the global marketplace now, this notion of the amount of carbon emissions into the atmosphere is becoming a more fundamental part of, or component, with respect to trade and trade agreements. The single greatest contributor, more so in the developing world than in our own country, is local transportation, particularly the use of two-stroke engines.

The member for North Vancouver-Seymour asked the question as to whether or not we were dealing with two-stroke engines here. In fact, we're not -- quite the contrary. We're moving to small, environmentally friendly, unobtrusive, often electric engines, which are electrically charged through the actual pedaling of the bike itself. Although the bill isn't clear on that, that in effect is what we're doing. Much as people will remember, who remember the old generators bicycles had that ran the little electric lights so that as you ran it, it would generate enough to be able to run the electric light, so you could see if you were pedaling in the dark.

The interesting thing about this is that when we start to look at trade agreements now, the whole notion of carbon balance is becoming a very important consideration. It is interesting when we look at the shift, or the attempted shift, to get people out of their cars in the lower mainland and into transit. If we look at the amount of money that we are starting to put into the renovation of facilities such as the first crossing of the Lions Gate Bridge and the controversy that surrounds local neighborhoods around whether we should have three or four lanes in Stanley Park and whether we should have cycle lanes and so on. . . . All that seems to get lost in the discussion at the local level where in fact we are now starting, through the measuring of our atmosphere, to recognize that it is becoming a much, much more important indicator of whether or not we are a net contributor to carbon emission.

Just to show you how important this is, we start to look at new and expanding technologies beyond the technology that allows for motor-assisted bicycles, and that is in the development of fuel cell technology in particular. I had the occasion the other evening to have dinner with the individual, Mr. Tsang, who is the senior administrator of Hong Kong. He talked about the issues they had associated with air pollution in that small community. Anybody who has ever been to Singapore -- or if you've been to Thailand or Indonesia generally -- will know that in the urban areas, one of the single greatest difficulties is breathing the air. The reason is because of the high use of diesel, two-stroke engines and automobile and gasoline engines.

[1500]

In British Columbia we tend to find that less a problem, because we don't see it. But that doesn't mean that we're not becoming contributors. It is interesting that when we start to talk about our trade agreements, more and more of the discussion that is taking place at the international level now is: what is Canada doing on the national level and what are we doing on the provincial level to try to mitigate net increases in carbon emission? What we do find is that Canada is in fact becoming a world leader with respect to initiatives, and most of that is actually coming out of the province of British Columbia.

Just to put it into perspective, again, I don't want to overstate the importance of this particular bill in finding a solution, but I think it does speak to an issue that all British Columbians are going to have to address in future years, regardless of who may form government and be governing. The fact is that the government of the day in the next five to ten years is going to have to make a decision around what we are going to do in the net balance, in terms of credit and debit on the carbon side. Our forests are deemed to be carbon sinks and therefore give us huge credits because they are able to absorb carbon from the atmosphere, as opposed to the industrial heartland which in fact is a net carbon contributor. It is therefore going to become, on the national level, far more attractive for them to suggest that we in British Columbia take the lead and in taking the lead, not only that we look to reduce our emissions through initiatives such as we see in this bill here, in

Bill 20, but that we also, in trying to take those initiatives, take the lead on the broader scale with respect to the carbon sink initiative.

That has its benefits, but it also has it costs. The costs associated obviously will impact on smaller rural communities. It is interesting that while this is in itself a bill that largely, I think, can go by -- and it can go by with little fanfare -- it points the way to a shift away from the use of private automobiles, a shift away from two-stroke engines and the movement toward voluntary. . . . I stress the word because so far in British Columbia, it is a voluntary shift toward local transportation that has less environmental impact.

We know that in some jurisdictions those actions are no longer voluntary, but in fact those actions have been legislated. It provides us a tremendous opportunity for people who want to get into the business side of motorized bicycles or other kinds of shifting in terms of local transportation. It provides a huge business opportunity for us to be able to take advantage of those new markets. I can tell you that in an economy such as Hong Kong, where we have a large number of people who in fact travel on bicycles as on other modes of transportation which create, through the automotive industry, the difficulty in the air pollution, this kind of a bill is something, obviously, that they look to for leadership, because they do understand that it does move people toward that shift.

In looking at Bill 20. . . .The reason that I want to put this on the table is because it's an issue that we haven't spent

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much time talking about in this Legislative Assembly. There probably are not likely to be opportunities in the next few weeks to be able to do so. But I caution -- and I put out a very strong caution to those of us who are now in a position to provide leadership with respect to a direction -- that we in British Columbia have to take seriously the notion of clean air, the need to move away from a high dependency on carbon-based fuels. We need to take the initiatives that are necessary to get us out of a single-driver automotive commuter pattern, which tells us that we are going to be able to continue to take our vehicles into the city as a mode of transportation to work or to what other activities we may be doing. We have to take that seriously.

Today I notice the debate that is now starting to rage around the issue of the levy on single automobiles, the idea that TransLink is trying to move people into commuter transit. This is just such an initiative, slightly more benign. It's far less expensive to the automotive driver, but nevertheless important, because it does provide an opportunity for more people, who might generally say, "Well, I can't get on a bicycle because I physically can't get to and from where I have to be because of terrain, because of geography, because of distance," or whatever the cases may be. It now allows them that opportunity.

[1505]

It does seem almost cute, in a way, that people say: "Well, this notion of using the bicycle to get to work is something that is only held by those who are the most green of green." But it is an issue that is going to come to the fore. If you look at the ambient air quality of the lower mainland, I would suggest that those members who represent constituents from the Fraser Valley, particularly the upper Fraser Valley, will be quick to tell you that our ambient air quality in the lower mainland is declining -- and declining very, very quickly. That is going to have an impact on the lives and the health of British Columbians in terms of their inability to breathe clean air and their inability to, in the long term, raise their children in an atmosphere and a climate that is going to provide them some security.

So this is an issue. It is a serious issue on the international scale, where the notion of carbon balance is becoming a key indicator with respect to international trade agreements, with industry as well as with local transportation.

It's an issue, secondly, with respect to local transportation and the notion that we are now going to have to start to plan to allow for a different type of local transportation to prevail. It means that we can reduce enormous costs associated with large highway projects. I mentioned the First Narrows bridge and the difficulties we have now with trying to accommodate everybody who wants to drive to work as a single driver in their own automobile.

Thirdly, it does provide an initiative, albeit very small in scope, under Bill 20. It certainly does provide an initiative for British Columbians to demonstrate that where there are obstacles, where there is red tape, where there are problems associated with moving in this direction, the government is prepared to move, and to move fairly quickly, with respect to the elimination of those problems.

I urge all members of the House to support Bill 20. As I say, it's an initiative that may over time be seen to have far greater importance than perhaps we might see today, particularly in light of the fact that. . . . I think most in this House would recognize that it's a bill that will be initially only used by a few. But who knows? In the long term it may in fact become a mode of transportation that will assist many.

J. Cashore: I'm very pleased to rise in support of Bill 20 and this initiative. It may seem like a very small step in a large screen of issues that need to be considered in seeking to achieve a green economy and an environment that is increasingly healthy -- and healthy for future generations. Therefore in considering Bill 20, I want to focus on two aspects. One is how this initiative may relate to that portion of our population which is aging and also how it may relate to people who have the physical ability to ride a bicycle but sometimes -- due to what may in itself be a problem caused by air pollution -- may be suffering from respiratory problems which would have an effect on one's ability to manoeuvre a bicycle on some of the steeper hills.

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I want to talk about a man I know in Coquitlam by the name of Tim Pollock, who recently turned 75. In a few days Tim will be taking his place along with a few hundred cyclists, and they will be cycling from Seattle, Washington, to Washington, D.C., to raise the concerns that are brought forward by the American Lung Association.

Indeed, as the other members have stated, this is a wide-ranging issue that doesn't only deal with what we might think of as green, but also deals with what we would think of as health. We discover that green initiatives are health initiatives. As the previous speaker has pointed out, often at times when we have the problems that occur in locations such as Los Angeles and the lower Fraser Valley, we will have air inversions, where the pollutants are kept in areas where human beings have to breathe that polluted air. We know the cost to our health system of the increase in respiratory illnesses that show up at emergency wards in hospitals, and the additional cost to the taxpayer.

Tim Pollock, as he embarks on this cycling tour at the age of 75. . . . Lest anyone think that he might be having a bit of a break at night, he has to pitch his own tent, cook his own meal and then carry on the next day. Also, prior to even entering into this initiative, each of the participants is challenged to raise over $10,000 to raise the interest of all people with regard to heart and lung problems.

The thought of a 75-year-old man cycling over the Stevens Pass and onward across the Great Plains and through some of the other hilly areas en route with regard to this adventure is inspiring for someone such as myself who is ten years younger. I think of just a few months ago when I needed to get to my office, which is about five kilo meters away. I live up on a hill. It wasn't difficult riding my bike to my office and then wheeling it inside the office and leaving it up against the wall, because it was downhill most of the way. But I can tell you that when I rode the bike home that Saturday afternoon, when I got home I was sweating, and I was beat. It made me think about my conditioning.

But in the context of Bill 20, it also reminds me that for people who might think, "Well, I don't want to go through that again; that's too difficult an experience," here's an opportunity for access that prior to that would not have been available. A person will be out there getting the exercise, which is in itself good for health, by pedaling in the flat areas. I know that the Attorney General a few moments ago was

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mentioning such things as the Galloping Goose Trail here in Victoria and the Trans Canada Trail. Yet I think that for many British Columbians, the people in Victoria have it rather good, because so many of those cycling trails are on relatively flat ground.

But the thought that people who may be suffering from respiratory illnesses and those who may be just experiencing the aches and pains that come with aging are able to get this kind of assistance and still have access to and participate in a healthy lifestyle and have the independence of knowing that they can get around without that causing them a really serious problem, I think, in a small way adds to what we are trying to achieve in the green initiative.

I want to congratulate the Minister of Environment for the work that she has been undertaking, for quite some time now, in enabling government to have a screen of the various ways in which the green economy and initiatives that are green might be brought to bear. It's quite remarkable to see that the list is indeed a long list. This is one small part of it, but it's a part of it that makes sense. It means that we can take this initiative and recognize that we'll be seeing more people being able to access the kinds of facilities that are being made available in trails -- the Trans Canada Trail -- so that more and more people will be able to make use of this kind of opportunity.

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The initiative, on a grand scale, is not a huge initiative. But when we look at the part that it plays and not only what it helps to achieve but also what it symbolizes -- and the fact that through this initiative more people can find access to participating in that which is a green initiative -- that, I think, is part of helping to move that drive towards a greener economy and a greener environment in the right direction. So I'm very pleased to take my place in this debate and to encourage all members of the House to enthusiastically support it.

The Speaker: Seeing no further speakers, the Deputy Premier to close debate.

Hon. J. MacPhail: Well, it's been a good debate. It's interesting -- the amount of support on this side of the House. It's the commitment that people have towards the whole issue of alternate modes of transportation, particularly cycling, and how this bill supports that. So I'm delighted that so many people joined in to support this legislation.

There have been some questions raised by the opposition around the application of the amendment through regulation. Let me just give a general reassurance to the members opposite that a motor-assisted cycle is to be treated as a bicycle. In terms of the power pack, it is to carry on as if a person were pedaling and nothing beyond that. That's the general principle under which the regulations will be drafted. I'm sure there would be an opportunity, if asked for by the opposition, to have input into those regulations. Or maybe they'll be joining the group in their capacity as bicycle riders themselves. I look forward to that, and I hope that the answers to the opposition's questions can be given in further detail in committee stage. I would now move second reading.

Motion approved.

Bill 20, Motor Vehicle Amendment Act 2000, read a second time and referred to a Committee of the Whole House for consideration at the next sitting of the House after today.

Hon. J. MacPhail: I call Committee of the Whole for Bill 15.