Definitions

1   In this regulation:

"Act" means the Motor Vehicle Act;

"passenger capacity" means the number of persons, excluding the operator, carried by a pedicab;

"pedicab" means a cycle that

(a) has a track width of not less than 1 metre,

(b) has a passenger capacity of

(i) not more than 3 persons when equipped with a cab only, or

(ii) not more than 5 persons when equipped with a cab and trailer,

(c) is offered for hire with an operator, and

(d) is operated under a current business licence issued by a municipality;

"quadricycle" means a cycle that

(a) has a track width of not less than 1 metre,

(b) has a rear track width that is greater than the height of the seat frame as measured from level ground to the seat frame,

(c) is equipped with at least 2 sets of pedals for motive power,

(d) is equipped with disc or drum brakes, and

(e) is controlled by a single operator.

[am. B.C. Reg. 305/99, s. 1.]

Standards mark

2   A bicycle safety helmet must have a label showing that the bicycle safety helmet meets one of the standards set out in section 1 of the Bicycle Safety Helmet Standards Regulation.

Exemption

3   The following persons are exempt from the requirement under section 184 of the Act to wear a bicycle safety helmet:

(a) a person for whom the wearing of a helmet would interfere with an essential religious practice;

(b) the operator of, and each passenger carried by, a pedicab or quadricycle;

(c) Repealed. [B.C. Reg. 305/99, s. 2 (b).]

(d) a person who is in possession of, and produces on request to a peace officer, a valid and subsisting certificate issued by the superintendent on the recommendation of a medical practitioner certifying that the person is, for the period stated in the certificate, unable for medical reasons to wear a bicycle safety helmet;

(e) a person under the age of 12 years who operates a non-chain driven 3 or 4 wheeled cycle which is designed for recreational use by children.

[am. B.C. Reg. 305/99, s. 2.]