B.C. Reg. 74/2024, deposited April 4, 2024, under the MOTOR VEHICLE AMENDMENT ACT, 2023 [section 43], MOTOR VEHICLE ACT [section 210] and OFFENCE ACT [section 132]. Order in Council 162/2024, approved and ordered April 4, 2024.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective June 3, 2024,

(a) sections 21 and 31 of the Motor Vehicle Amendment Act, 2023, S.B.C. 2023, c. 17, are brought into force,

(b) the Motor Vehicle Act Regulations, B.C. Reg. 26/58, are amended as set out in the attached Schedule 1, and

(c) the Violation Ticket Administration and Fines Regulation, B.C. Reg. 89/97, is amended as set out in the attached Schedule 2.

— R. FLEMING, Minister of Transportation and Infrastructure; N. SHARMA, Attorney General; B. BAILEY, Presiding Member of the Executive Council.

Schedule 1

1 Table 2 of the Schedule to Division 28 of the Motor Vehicle Act Regulations, B.C. Reg. 26/58, is amended under the heading "Motor Vehicle Act" by adding the following items as indicated:

2 The following Division is added:

Division 48 – Minimum Passing Distances

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.

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.

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.

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.

Schedule 2

1 Schedule 3 of the Violation Ticket Administration and Fines Regulation, B.C. Reg. 89/97, is amended under the heading "Motor Vehicle Act" by adding the following items as indicated:

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