QUESTION
With the introduction of bike lanes and the growing popularity of unlicensed electric scooters, I have some questions about a recent close call.
I was driving northeast along Lynn Valley Road in North Vancouver when I passed a rider on an electric scooter traveling in the same direction in the new bicycle lane.
As I approached the mall entrance, I signalled, and just as I was starting to make a right turn, the scooter passed me on the right so close that the rider had to swerve slightly to avoid the front corner of my car. I had to stop suddenly to avoid a collision.
I was quite startled as the scooter was completely silent, did not use a horn and did not apparently acknowledge my intent to make the turn.
He then proceeded to flip me a finger before continuing straight through the lights along Lynn Valley Road without slowing.
It is my understanding that an electric scooter, while unlicensed, is still regarded as a motorized vehicle. As such, they must obey the same rules of the road.
I assume that means he should not have passed me on the right while I was signalling a turn. Further, although he is entitled to ride anywhere in his lane, he should not have been riding in the bicycle lane as if he had the same road rights as a non-motorized bicycle.
This raises an important issue: I don't see the logic of allowing electric scooters to operate without a licence.
They can do more than 50 kilometres per hour; had we collided, he would have no doubt been hurt and both vehicles damaged.
Since - I assume - unlicensed also means uninsured, then only my insurance would have been applied, despite the fact he was at fault.
It's not fair for properly licensed and insured drivers to have to foot the bill for unlicensed scooters being ridden by untrained and uncertified riders.
I'd appreciate it if you could please clarify the rules.
Thanks in advance, Steve Ronson North Vancouver
Dear Mr. Ronson:
Thank you for your question.
First, a distinction needs to be made between a Motor Assisted Cycle (MAC) and a Limited Speed Motorcycle (LSM), the two terms used in the Motor Vehicle Act for these differently classed cycles.
Section 151 of the MVA Regulations states that in order to be considered a MAC, a cycle must be powered by a motor that is, "(a) an electric motor, (b) has a continuous power output rating of not more than 500 watts, and (c) is not capable of propelling the motor assisted cycle at a speed greater than 32 km per hour on level ground."
MAC operators must obey all rules that apply for cyclists, including wearing a bicycle helmet. In the MVA, a MAC is not considered a vehicle, so their operators are not expected to obey all rules set out for vehicles.
An LSM, on the other hand, is considered a vehicle and must obey vehicle traffic rules. LSM's must not have motors larger than 50 cc, must require no shifting of gears, and must have a maximum speed capacity of 70 km per hour. Because of that cap, they are barred from using most freeways, where the speed limits are 80 or 90 km per hour or higher.
LSMs are not the same as motorcycles, and it is interesting to note that whereas motorcycle operators
must have a Class 6 licence, LSM operators need only a regular Class 5 licence.
Also, according to the MVA, LSM operators have to wear a motorcycle helmet as opposed to a bicycle helmet.
Motorized scooters and skateboards, Segways, and pocket bikes are not street legal and can only be operated on private property.
In the incident you recounted, Mr. Ronson, determining who was at fault would require examination of the electric scooter to see if it fits the definition of a MAC or of an LSM. If it was a MAC, and I suspect from your description that it was, then you may have been at fault for failing to yield on a right turn.
As you are probably aware, it is the driver's responsibility to clear over the shoulder before making a right turn.
Peter DeVries District West Response Sergeant North Vancouver RCMP Follow Peter on Twitter at www.twitter.com/rcmpdevries
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