Recently the Comox Valley Regional District purchased some land – the former railway grade from Royston to Cumberland. It has been used as an unofficial trail in the past, however I wasn’t aware of it. The trail is approximately 5.5 km long. However, part of this trail is on the Cumberland side of the Inland Island Hwy. The CVRD plans to somehow make the trail go under the Inland Island Highway in the future.
I plan to hike this trail on the weekend. Am I permitted to cross over the IIH by foot where there are no traffic lights to stop the traffic, to complete the whole hike?
The fact that the Inland Island Highway is a freeway is what complicates matters for pedestrians.
Schedule 1 — Highways
(8) The Inland Island Highway 19 — from Craig's Crossing south of Parksville to its intersection with Highway 19A at Willow/Tamarac in Campbell River.
Pedestrians are only allowed on the freeway when they are crossing at an intersection or they are attending to a broken down vehicle.
Schedule 1 highways restrictions
19.07 (1) Except as authorized by a permit issued by the Minister of Transportation and Infrastructure, and except for crossing a highway at an intersection, use of any highway named in Schedule 1 by the following is prohibited at all times:
(a) vehicles drawn by animals;
(b) livestock, as defined in the Livestock Act;
(c) farm implements and farm machinery, whether self-propelled or towed;
(d) pedestrians, unless attending a disabled vehicle;
(e) vehicles incapable of maintaining a minimum speed of 60 km/h on level road, except construction or maintenance equipment owned or hired by the Ministry of Transportation and Infrastructure while working on or travelling to or from a worksite located on a highway named in Schedule 1.
(2) Subsection (1) does not apply to pedestrians and to operators of pedal cycles and limited speed motorcycles using footpaths constructed adjacent to the travel portion of the highway or the shoulder on the travel portion of the highway where the minister causes signs to be erected designating the footpath or shoulder for such permitted use.
Long story short, unless you are crossing at an intersection, pedestrians are prohibited from walking on this highway.
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Answer