DASHCAM - Distracted Cycling

While I don’t dispute that this image certainly shows unsafe driving practices, I question whether this cyclist could actually be charged under section 214.2 MVA (Use electronic device while driving) as that section specifically applies to a person driving or operating a ‘motor vehicle’. Let me explain.

Section 1 of of the BC Motor Vehicle Act defines ‘vehicle’ and ‘motor vehicle’ separately. Throughout the Act, these two terms are used specifically for their intended purpose and it’s my understanding that when the term ‘vehicle’ is used it includes a motor vehicle, but when ‘motor vehicle’ is used, it only applies to motor vehicles specifically and not to all vehicles generally.

For instance, section 129 (1) MVA makes it an offence for “the driver of a vehicle” to disobey a red light at an intersection. Likewise, section 186 MVA requires “a driver of a vehicle” to stop for a stop sign. According to section 183 (1) MVA  (and as most would hope and suspect) a person operating a cycle must also obey these rules, and many others in the Act.

Other sections of the Act use the term “motor vehicle” specifically, such as section 146 (1) MVA (speed inside/outside a municipality) and section 145 MVA which says “a person must not drive a motor vehicle at so slow a speed as to impede or block the normal and reasonable movement of traffic...”. Imagine if cyclists were bound by this duty? Any cyclist climbing a hill or traveling on level ground would be guilty. I believe the operator of a cycle can’t be charged under these sections.

The nail in the coffin for me is that section 144 (1) MVA says a person must not drive a ‘motor vehicle’ on a highway without due care and attention or without reasonable consideration for other persons using a highway. while. Section 183 (14) says “a person must not operate a cycle on a highway without due care and attention or without reasonable consideration for other persons using the highway”.  Why have both sections if section 183 (1) MVA applied to all offences against drivers of motor vehicles? Because it doesn’t say that.

In short, I don’t think you can write section 214.2 MVA to a cyclist, but the cyclist in this picture certainly is deserves a ticket for careless cycling under section 183 (14) MVA.

Your thoughts?