Cycling and the Law

Cyclists have the same rights and duties as a driver of a vehicle. The laws that govern cyclists are contained in the BC Motor Vehicle Act [RSBC 1996]. Certain sections of the Act are exclusively for cyclists and excerpts are provided below. Some jurisdictions in BC also have bylaws specifically for cyclists. It is wise to check with your local police department or municipality for cycling-specific bylaws in your area.

Motor Vehicle Act [RSBC 1996] Chapter 318–Part 3*

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,

(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 of a make or design approved by the Insurance Corporation of British Columbia for the purposes of this section;

(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 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.

A cycle operated on a highway between 1/2 hour after sunset and 1/2 hour before sunrise must have a lighted lamp mounted on the front which, under normal atmospheric conditions, is capable of displaying a white light visible at least 150 m in the direction the cycle is pointed.

(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

(c) a stop or decrease in speed by extending the person’s left hand and arm out and down from the cycle.

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 offence 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.

DEFINITIONS (PARTIAL LIST)

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

• vehicle means a device in, on or by which a person or thing is or may be transported or drawn on a highway, except a device designed to be moved by human power or used exclusively on stationary rails or tracks.

• 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.

• highway includes (a) every highway within the meaning of the Transportation Act, (b) every road, street, or 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.