Definitions for Division 48

48.01   In this Division:

"applicable person" means a person referred to in

(a) section 157.1 (2) (a) or (b) [duty when overtaking pedestrians, cyclists or certain other persons] of the Act, or

(b) section 48.02 [persons prescribed for purposes of section 157.1 (2) (c) of Act] of this regulation;

"protected cycle lane" means a portion of a highway that

(a) is designated for use of persons operating cycles, either exclusively or alongside one or more of the following:

(i) persons operating designated personal mobility devices;

(ii) persons on skateboards, kick scooters, roller skates, in-line roller skates or other devices that are only capable of being propelled by human power, and

(b) is physically separated from vehicle traffic by a ditch, planter, wall, pole or other vertical or horizontal feature.

[en. B.C. Reg. 74/2024, Sch. 1, s. 2.]

Persons prescribed for purposes of section 157.1 (2) (c) of Act

48.02   For the purposes of sections 157.1 (2) (c) [duty when overtaking pedestrians, cyclists or certain other persons] of the Act, the following persons are prescribed:

(a) a person who is in or on either of the following devices:

(i) an animal-driven vehicle;

(ii) a designated personal mobility device;

(b) a person who is in or on a device that is attached to or is being towed by any of the following:

(i) a cycle;

(ii) a device listed in paragraph (a) of this section;

(c) a person who is on an animal.

[en. B.C. Reg. 74/2024, Sch. 1, s. 2.]

Prescribed passing distance if highway has speed limit over 50 km/h

48.03   For the purposes of section 157.1 (1) (b) (ii) [duty when overtaking pedestrians, cyclists or certain other persons] of the Act, a minimum distance of 1.5 m applies if the driver of the motor vehicle is passing an applicable person who is on a highway that has a speed limit of more than 50 km/h.

[en. B.C. Reg. 74/2024, Sch. 1, s. 2.]

Prescribed passing distance if person on sidewalk or in protected cycle lane

48.04   For the purposes of section 157.1 (1) (b) (ii) [duty when overtaking pedestrians, cyclists or certain other persons] of the Act, a minimum distance of 0.5 m applies if the driver of the motor vehicle is passing an applicable person who is on a sidewalk or in a protected cycle lane.

[en. B.C. Reg. 74/2024, Sch. 1, s. 2.]