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Motion by City of Vancouver to request amendment to the Bicycle Safety Helmet Regulation
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DRAFT BY SIT UP VANCOUVER

FOR PUBLIC COMMENT

MOTION ON NOTICE

3.        Amendment to the Bicycle Safety Helmet Regulation

MOVER:  Mayor Gregor Robertson

SECONDER:  Councillor

WHEREAS

  1. Minister of Justice and Attorney General for British Columbia, Suzanne Anton MLA, has jurisdiction over the Motor Vehicle Act;

  1. Section 184 of the Motor Vehicle Act makes it illegal to ride a bicycle without wearing a helmet (“the adult helmet law”);

  1. Adult helmet laws have led to the failure of Public Bike Systems in Australia;

  1. Vancouver wishes to implement a Public Bike System;

  1. Vancouver, and the province, have invested in excellent bicycle infrastructure;

  1. The adult helmet law does not extend to people on foot or in cars, despite the higher number of accidents each year (and resulting higher healthcare burden) involving these groups;

  1. Accident rates while cycling would be expected to decline as more people, including users of Public Bike Share, choose to cycle (“safety in numbers”);

  1. The province leaves adults the responsibility to manage the risks of smoking, drinking, driving, voting, sexual intercourse and gambling;

  1. The health and climate benefits of transport cycling are recognised and regularly promoted by the province;

  1. The adult helmet law presents a clear barrier to the success of Vancouver Public Bike Share specifically, and to a higher cycling modal share in general.

THEREFORE BE IT RESOLVED

  1. THAT the Mayor, on behalf of the City, write to Minister Anton to request that all adults in Vancouver be exempt from the requirement under section 184 of the Motor Vehicle Act to wear a bicycle safety helmet;

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I hope it is clear that this is in no way an official document from the City of Vancouver. I have attempted to mimic the style and format of city motions in order to help ease the way for city councillors, who frequently claim that their hands are tied by the province.

Short URL for this document: http://goo.gl/3o4Xx

Short URL for webpage version: http://goo.gl/2aDK0

See also:

Open Letter to Minister Anton regarding Bicycle Safety Helmet Regulation http://goo.gl/5zPC0

Bicycle Safety Helmet Exemption Regulation

http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/13_261_96

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.]

(f) a person over the age of 19 years [suggested amendment 1]

(f) the operator of a Public Bike Share bicycle [suggested amendment 2]

(f) any person or class of persons designated by the municipality in which the person is operating a bicycle [power for municipalities to exempt all cyclists, adults, etc.]

The Church of Sit-Up Cycling

http://flavors.me/situpvancouver

http://www.facebook.com/pages/The-Church-of-Sit-Up-Cycling/151076548254144?sk=notes

http://twitter.com/situpvancouver

ALTERNATIVE DRAFT

ALSO FOR PUBLIC COMMENT

MOTION ON NOTICE

4.        Amendment to the Bicycle Safety Helmet Regulation

MOVER:  Mayor Gregor Robertson

SECONDER:  Councillor

WHEREAS

  1. Minister of Justice and Attorney General for British Columbia, Suzanne Anton MLA, has jurisdiction over the Motor Vehicle Act;

  1. Section 184 of the Motor Vehicle Act makes it illegal to ride a bicycle without wearing a helmet;

  1. Adult helmet laws have led to the failure of Public Bike Systems in Australia;

  1. Vancouver wishes to implement a Public Bike System;

THEREFORE BE IT RESOLVED

  1. THAT the Mayor, on behalf of the City, write to Minister Anton to request that all users of the Vancouver Public Bike System be exempt from the requirement under section 184 of the Motor Vehicle Act to wear a bicycle safety helmet.

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