Cyclists Passing on the Right

The municipality is allowed to require licensing for bicycles, otherwise it would fall into ICBC's jurisdiction, but you would still need the appropriate law to be created by the politicians. At this point, no one in power sees the issue as worth consideration it would seem.

As for enforcement, that is an issue you will have to take up with your local police force. If you don't make an appointment to discuss it with the head of traffic enforcement, you could certainly write to them and ask why it is that you don't see regular enforcement.

A questions regarding 'cyclists passing on the right' from the perspective of the cyclist.  When biking down a 2-way street with designated bike lanes on each side, is it considered passing on the right (ergo illegal) to bike in your bike lane past cars that are stopped.  Most common example would be vehicles that are stopped at a red light and lined up some distance, while I continue inimpeded down my bike lane until reaching the red light, or biking past some of them before they start moving for a green light.  I had always considered this to be ok, but just wanted to clarify if I could.

"Lane" is the magic word here. If the cyclist is riding in a designated bicycle lane, then there is a lane to the right of the vehicles that is available and the cylist may use it to pass. Obviously, exercise caution at intersections because it is very likely that drivers will not be looking for the cyclist prior to turning right.

I was recently involved in an accident when pulling into my driveway. I turned right into my driveway and the side of my vehicle was struck by a cyclist who was riding off road and passing behind parked cars as I approached. According to ICBC, I am 100% at fault and I now have a claim being filed against me. I showed the ICBC adjuster the article and I was basically told that cyclists can ride wherever they please and those rules do not apply to them, even though my vehicle was completely stopped when HE hit ME. I used a signal well in advance, did my shoulder check and did not drive unsafe or do anything illegal. None of these facts seem to matter. There is no fault what so ever being placed on this cyclist even though he was riding offroad where he cannot be seen.

Obviously I have an issue with this and I just wonder what your thoughts are. I think that it is wrong that ICBC can dispute an article written by a retired RCMP constable. Maybe I am wrong on this, but I was wondering if you had any comments on this incident.

ICBC follows case law decided by the civil courts in BC when they assess responsibility for a collision. The Motor Vehicle Act or other applicable rules do play a part in forming that case law, but they are not the only consideration that the court uses to reach a decision.

I'm flattered to think that I would know more than ICBC, but that isn't the case. I only do my best to try and explain the traffic rules and don't have any real experience with the civil law I have just spoken of. Unfortunately, the only advice that I can give is that you may wish to take advantage of Lawyer Referral, a service of the Canadian Bar Association. You can get 30 minutes of legal advice from a lawyer who regularly practices in the area of law you need advice on for $25.00 plus taxes. This would give you a better idea of whether ICBC is dealing with you properly or not.

There are avenues of review for an adjuster's decision as well, Claims Assessment Review involves an external, impartial reviewer.