Here's an image of a cyclist caught on dashcam riding along Garden City Road between Westminster Highway and Granville Avenue in Richmond, B.C. He is riding the wrong way, without a helmet, failing to keep at least one hand on the handlebars and appears to be texting on a cell phone. Four separate Motor Vehicle Act violations!
There were no other details provided in the e-mail with the image but the subject was Unsafe Driving Practices.
183 (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
Cyclists might be surprised to find out that they could be issued a traffic ticket for distracted riding under this section of the Motor Vehicle Act and the ticketed amount is $109.
While I donāt dispute that this image certainly shows unsafe driving practices, I question whether this cyclist could actually be charged under section 214.2 MVA (Use electronic device while driving) as that section specifically applies to a person driving or operating a āmotor vehicleā. Let me explain.
Section 1 of of the BC Motor Vehicle Act defines āvehicleā and āmotor vehicleā separately. Throughout the Act, these two terms are used specifically for their intended purpose and itās my understanding that when the term āvehicleā is used it includes a motor vehicle, but when āmotor vehicleā is used, it only applies to motor vehicles specifically and not to all vehicles generally.
For instance, section 129 (1) MVA makes it an offence for āthe driver of a vehicleā to disobey a red light at an intersection. Likewise, section 186 MVA requires āa driver of a vehicleā to stop for a stop sign. According to section 183 (1) MVA (and as most would hope and suspect) a person operating a cycle must also obey these rules, and many others in the Act.
Other sections of the Act use the term āmotor vehicleā specifically, such as section 146 (1) MVA (speed inside/outside a municipality) and section 145 MVA which says āa person must not drive a motor vehicle at so slow a speed as to impede or block the normal and reasonable movement of traffic...ā. Imagine if cyclists were bound by this duty? Any cyclist climbing a hill or traveling on level ground would be guilty. I believe the operator of a cycle canāt be charged under these sections.
The nail in the coffin for me is that section 144 (1) MVA says a person must not drive a āmotor vehicleā on a highway without due care and attention or without reasonable consideration for other persons using a highway. while. Section 183 (14) says āa person must not operate a cycle on a highway without due care and attention or without reasonable consideration for other persons using the highwayā. Why have both sections if section 183 (1) MVA applied to all offences against drivers of motor vehicles? Because it doesnāt say that.
In short, I donāt think you can write section 214.2 MVA to a cyclist, but the cyclist in this picture certainly is deserves a ticket for careless cycling under section 183 (14) MVA.
Your thoughts?
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The Motor Vehicle Act & Regulations have been overdue for a significant overhaul for a long time.
I know that the cycle portion of that overhaul is being contemplated, but none of those deliberations have been shared with the public as far as I am aware.
Having read your analysis and given it some thought, I have amended my original article as I believe that you are correct.
Thank you very much for taking the time to comment so thoroughly.
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Vehicle vs motor vehicle