Cycling & The Law
The Motor Vehicle Act is the legal statute covering all road users in B.C., including people on bicycles.
The MVA Explained
The Motor Vehicle Act (MVA) came into effect in 1957 as the set of laws that establish the rules for road transportation, and regulate the use of a bicycle, or ‘cycle’ as defined by law, on BC roads.
According to the MVA, a person operating a cycle on a highway has the same rights and duties as a driver of a vehicle. The MVA also covers the rights and duties of all road users with respect to pedestrians, a term that includes wheelchair users and infants in strollers.
In addition to definitions of some important legal terms, this section includes statutory language from the MVA related to cycling that includes the rules for:
People riding bicycles: Section 183
Bicycle helmets: Section 184
Vehicle and pedestrian interactions: Sections 179-181
Motor Assisted Cycles (MACs, or e-bikes): Section 182.1 and Reg. 151/2002
Where statutory language has been omitted for brevity, the symbol [...] has been added.
Some local governments have separate by-laws covering specific aspects of cycling, such as a requirement for a bell. Be aware of the rules in your community before getting on your bike.
Motor Vehicle Act [RSBC 1996]
Chapter 318, Part 3 - current to May 19, 2021.
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"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;
"highway" includes
(a) every highway within the meaning of the Transportation Act,
(b) every road, street, lane or right of way designed or intended for or used by the general public for the passage of vehicles, and
(c) every private place or passageway to which the public, for the purpose of the parking or servicing of vehicles, has access or is invited,
but does not include an industrial road;
"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,
(c) to which is attached a motor of a prescribed type that has an output not exceeding the prescribed output, and
that meets the other criteria prescribed under section 182.1 (3);
"motor vehicle" means a vehicle, not run on rails, that is designed to be self-propelled or propelled by electric power obtained from overhead trolley wires, but does not include mobile equipment, a motor assisted cycle or a regulated motorized personal mobility device;
"pedestrian" means a person afoot, or an invalid or child in a wheelchair or carriage;
"regulated motorized personal mobility device" means a personal mobility device
(a) that is designed to be solely self-propelled or self-propelled with the capability to be propelled by human power, and (ii) subject to exceptions prescribed under section 210 (3.2), to transport one person, and
(b) that meets other criteria prescribed under section 210 (3.2), but does not include a motor assisted cycle;
"roadway" means the portion of the highway that is improved, designed or ordinarily used for vehicular traffic, but does not include the shoulder, and if a highway includes 2 or more separate roadways, the term "roadway" refers to any one roadway separately and not to all of them collectively;
"vehicle" means a device in, on or by which a person or thing is or may be transported or drawn on a highway, but does not include a device designed to be moved by human power, a device used exclusively on stationary rails or tracks, mobile equipment or a motor assisted cycle;
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(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,
(c) must, subject to paragraph (a), ride as near as practicable to the right side of the highway,
(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.
(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;
(c) a lighted lamp, mounted and visible to the rear, displaying a red light.
(7) Despite any other provision of this Act or the regulations, a cycle may be equipped with a flashing red light.
(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 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) to (13) [Repealed 2008-42-83.]
(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
(c) a stop or decrease in speed by extending the person's left hand and arm out and down from the cycle.
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(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 [...]
(3) A person who is convicted of an offence under subsection (1) or (2) is liable to a fine of not more than $100. [...]
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(1) Subject to section 180, the driver of a vehicle must yield the right of way to a pedestrian where traffic control signals are not in place or not in operation when the pedestrian is crossing the highway in a crosswalk and the pedestrian is on the half of the highway on which the vehicle is travelling, or is approaching so closely from the other half of the highway that he or she is in danger.
(2) A pedestrian must not leave a curb or other place of safety and walk or run into the path of a vehicle that is so close it is impracticable for the driver to yield the right of way.
(3) If a vehicle is slowing down or stopped at a crosswalk or at an intersection to permit a pedestrian to cross the highway, the driver of a vehicle approaching from the rear must not overtake and pass the vehicle that is slowing down or stopped.
(4) A pedestrian, a cyclist, the operator of a regulated motorized personal mobility device or the driver of a motor vehicle must obey the instructions of an adult school crossing guard and of a school student acting as a member of a traffic patrol [...]
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When a pedestrian is crossing a highway at a point not in a crosswalk, the pedestrian must yield the right of way to a vehicle.
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Despite sections 178, 179 and 180, a driver of a vehicle must
(a) exercise due care to avoid colliding with a pedestrian who is on the highway,
(b) give warning by sounding the horn of the vehicle when necessary, and
(c) observe proper precaution on observing a child or apparently confused or incapacitated person on the highway.
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A person who operates a regulated motorized personal mobility device on a highway must do so in accordance with the regulations.
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(1) A person who is under the age of 16 years commits an offence 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 offence if the parent or guardian authorizes or knowingly permits the person to operate a motor assisted cycle on a highway.
(3) The Lieutenant Governor in Council 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
(c) restrictions on what may be attached to or carried on a motor assisted cycle.
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Motors
1 The motors of a motor assisted cycle must
(a) be electric motors,
(b) have continuous power output ratings that in total do not exceed 500 watts, and
(c) not be capable of propelling the motor assisted cycle at a speed greater than 32 km/hr on level ground.
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 motors on and off from a normal seated position while operating the motor assisted cycle, or
(b) prevents the motors from turning on or engaging before the motor assisted cycle attains a speed of 3 km/hr.
(2) The motors of a motor assisted cycle must turn off or disengage if
(a) the operator stops pedaling,
(b) an accelerator controller is released, or
(c) a brake is applied.
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.
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BC LAW: See B.C. Reg. 151/2002 for the complete regulatory text.
Violations of the MVA
A person on a bicycle can be fined for violating sections of the Motor Vehicle Act.
Click the image in this section to see the fines for MVA violations, each of which is preceded by the relevant section of the legislation. Fines for many violations increase if unpaid after 30 days.
Reforming Road Safety Laws
Changes to existing legislation can support road safety in B.C. by recognizing, accommodating, and providing for cycling, including:
Establishing a minimum distance for motor vehicles passing people cycling and walking on roadways.
Making it easier for municipalities to change speed limits.
Allowing two people on bicycles to ride side-by-side, or ‘two abreast’, where appropriate.
Recognizing more types of electrically-powered vehicles and micro-mobility devices currently in use in B.C.
Recognizing road markings such as crossbikes (elephant’s feet) and bicycle signals designed specifically for bicycle facilities.