MVA – Bicycle Related Clauses

Want to know what this means in layman’s terms?

Click here…

Motor Vehicle Act

CHAPTER 293 OF THE REVISED STATUTES, 1989

An Act in Relation to the Registrationand Identification of Motor Vehicles and the Use of the Public Highways by such Vehicles

 

Short title

1 This Act may be cited as the Motor Vehicle Act. R.S., c. 293, s. 1.

 

Interpretation

2 In this Act,

(c) “bicycle” means

(i) a vehicle propelled by human power upon which or in which a person may ride and that has two tandem wheels either of which is 350 millimetres or more in diameter or that has four wheels any two of which are 350 millimetres or more in diameter but does not include a wheelchair, or

(ii) a vehicle propelled by human and mechanical power that is fitted with pedals that are operable at all times to propel the bicycle, that has the same wheel requirements as set out in subclause

(i) and that has an attached motor driven by electricity not producing more than 500 watts or with a piston displacement of not more than 50 cubic centimetres and is incapable of providing further assistance when the vehicle attains a speed of thirty kilometres per hour on level ground;

(ca) “bicycle lane” means a marked lane on a roadway designated by a traffic sign for the use by bicyclists;

(ha) “cyclist” means a person operating a bicycle;


Bicycle, animal, push-cart or wheelbarrow

85 (1) Every cyclist and every person riding an animal upon a highway and every person driving any animal shall be subject to the provisions of this Act applicable to a driver of a vehicle, except those provisions which by their very nature can have no application.


Overtaking and passing

114 (1) Except as otherwise provided in Section 115, the following rules shall govern the overtaking and passing of vehicles:

(a) the driver of a vehicle overtaking another vehicle proceeding in the same direction shall not pass until after he has given a suitable and audible signal, and shall pass to the left of the overtaken vehicle at a safe distance and shall not again drive to the right side of the highway until safely clear of the overtaken vehicle;

(2) Notwithstanding Section 85 and clause (1)(a), a cyclist operating on the far right side or the right-hand shoulder of the roadway may pass to the right of the overtaken vehicle if it is safe to do so. R.S., c. 293, s. 114; 2010, c. 59, s. 4.


Bicycle lanes

131A The driver of a vehicle shall not operate the vehicle in a bicycle lane unless

(a) it is necessary to do so to go around a vehicle or a bicycle immediately in front of the driver’s vehicle that has signalled its intention to turn left;

(b) it is necessary to do so to complete a lawful manoeuvre; or

(c) the driver has encountered a condition on the roadway, including a fixed or moving object, parked or moving vehicle, pedestrian, animal or surface hazard that makes it impracticable not to do so, but in that event shall yield the right of way to any cyclist lawfully in the bicycle lane. 2010, c. 59, s. 5.

 

132 (1) Whenever a person driving a vehicle approaches a highway and railway grade crossing and a clearly visible or positive signal gives warning of the immediate approach of a railway engine, train or car, it shall be an offence for the driver of the vehicle to fail to stop the vehicle before traversing such grade crossing.

(2) No driver shall enter a highway and railway grade crossing unless there is sufficient space on the other side to accommodate the vehicle he is operating without obstructing the passage of railroad trains. R.S., c. 293, s. 132.

R.S., c. 293 motor vehicle 93

MAY 1, 2014

 

Stop sign

133 (1) Subject to Section 86, the traffic authority may designate main travelled or through highways by erecting at the entrances thereto from intersecting highways signs notifying drivers of vehicles to stop before entering or crossing such designated highways, or may designate particular intersections and erect stop signs at one or more entrances thereto, and whenever any such signs have been so erected it shall be an offence for the driver of a vehicle or the motorman of a street car to fail to stop in obedience thereto, except where directed to proceed by a peace officer or traffic control signal.

(2) Such signs shall be placed as nearly as practicable to, and the stop shall be made at, the place where the cross street meets the prolongation of the nearest property line of the through highway.

(3) Every such sign shall bear the word “stop” in letters of a size to be clearly legible from a distance of at least 30 metres and shall be illuminated at night or so placed as to be illuminated by the headlights of an approaching vehicle or by streetlights.

(4) This Section shall not apply in the case of police and fire department vehicles and ambulances when the same are operating in emergencies and the drivers sound an audible signal by bell, siren, compression or exhaust whistle, but this proviso shall not operate to relieve the driver of a police or fire department vehicle or ambulance from the duty to drive with due regard for the safety of all persons using the highway. R.S., c. 293, s. 133; 2014, c. 20, s. 8.

 

Yield sign

134 (1) Subject to Section 86, a traffic authority may erect at any intersection a yield sign or signs.

(2) A yield sign shall be of such design and specification as may be determined by the Minister pursuant to Section 88 and shall be of a size to be clearly discernible from a distance of 30 metres and shall be illuminated at night or so placed as to be illuminated by the headlights of an approaching vehicle or by street lights.

(3) The driver of a vehicle approaching an intersection at which there is a yield sign and facing the sign shall enter the intersection with caution and shall yield the right of way to all other traffic within the intersection or approaching so closely on the intersecting highway as to constitute an immediate hazard. R.S., c. 293, s. 134.

 

Rotary or roundabout

135 (1) The driver of a vehicle entering a roadway in or around a rotary or roundabout shall yield the right of way to traffic already on the roadway in the circle and approaching so closely to the entering highway as to constitute an immediate hazard.

94 motor vehicle R.S., c. 293

MAY 1, 2014

(2) The driver of a vehicle passing around a rotary or roundabout shall drive the vehicle in a counter-clockwise direction around the island or the centre of the circle. 2004, c. 42, s. 10.

 

Driveway

136 (1) The driver of a vehicle within a business or residence district emerging from an alley, driveway or building shall stop the vehicle immediately prior to driving on a sidewalk or on the sidewalk area extending across an alley way.

(2) The driver of a vehicle entering an alley, driveway or building or driving across a sidewalk shall yield the right of way to a pedestrian who is crossing the entrance to the alley, driveway or building or who is on the sidewalk at the point where the vehicle is crossing. R.S., c. 293, s. 136.

 

Application of Sections 131 to 136 to bicycles

137 In Sections 131 to 136, “vehicle” includes a bicycle, and “driver” includes a cyclist. R.S., c. 293, s. 137; 2010, c. 59, s. 6.

No stopping, standing or parking

143 (2) It shall be an offence for the driver of a vehicle to park the vehicle, whether attended or unattended, in a bicycle lane, except in compliance with the directions of a peace officer. R.S., c. 293, s. 143; 2010, c. 59, s. 7.

Racing, parade or sporting event

163 (3) Notwithstanding any other provision of this Act or the regulations, the Minister or a person designated by the Minister may authorize a bicycle race upon a highway that has not been closed for that purpose, and the Minister or a person designated by the Minister may prescribe terms and conditions with which the participants in the bicycle race and the organizers must comply. R.S., c. 293, s. 163;


Riding on frame or clinging to moving vehicle

169 (1) It shall be an offence for a cyclist or the operator of a motorcycle, when upon the street to carry any other person upon the handlebar, frame or tank of any such vehicle or side-saddle on any such vehicle, or for any person to so ride upon any such vehicle.

(2) It shall be an offence for any person travelling upon a bicycle, motorcycle, coaster, sled, roller skates, skis, or any toy vehicle to cling to or attach himself or his vehicle to any other moving vehicle or street car upon a highway or for the driver of any such moving vehicle or street car to allow or permit any such person to cling to or attach himself or his vehicle to said moving vehicle or street car. R.S., c. 293, s. 169; 2010, c. 59, s. 8; revision corrected.


Bicycle helmet

170A (1) In this Section, “bicycle” includes any device designated to transport passengers and to be drawn by a bicycle.

(2) No person shall ride on or operate a bicycle unless the person is wearing a bicycle helmet that complies with the regulations and the chin strap of the helmet is securely fastened under the chin.

(3) No parent or guardian of a person under sixteen years of age shall authorize or knowingly permit that person to ride on or operate a bicycle unless the person is wearing a bicycle helmet as required by subsection (2).

108 motor vehicle R.S., c. 293

MAY 1, 2014

(4) Every person who is sixteen years of age or older who violates a provision of this Section is guilty of an offence.

(5) A peace officer may seize and detain, for a period not to exceed thirty days, a bicycle that is being ridden on or operated by a person not wearing a helmet as required by subsection (2).

(6) The Governor in Council may make regulations

(a) prescribing standards and specifications for helmets;

(b) providing for and requiring the identification and marking of helmets;

(c) exempting any person or class of persons from the requirements of this Section and prescribing conditions for exemptions.

(7) The exercise by the Governor in Council of the authority contained in subsection (6) is regulations within the meaning of the Regulations Act. 1996, c. 35, s. 1; 2002, c. 10, s. 12; 2006, c. 37, s.1.


Prohibited conduct on or place to ride bicycle

171 (1) A cyclist shall not allow the same to proceed in a highway by inertia momentum, with his feet removed from the pedals, nor shall a cyclist remove both hands from the handlebars while riding the bicycle nor practise any trick or fancy riding on a highway.

(2) No person shall ride a bicycle, tricycle, or similar machine on a sidewalk, provided, nothing in this Section shall be deemed or construed to prevent the use of velocipedes or similar machines by children on a sidewalk in a public square, park, city or town.

(3) Where a roadway has a bicycle lane for bicycles travelling in the same direction that a cyclist is travelling, the cyclist shall ride in the bicycle lane unless it is impracticable to do so.

(4) A cyclist who is not riding in a bicycle lane shall ride as far to the right side of the roadway as practicable or on the right-hand shoulder of the roadway unless the cyclist is

(a) in the process of making a left turn in the same manner as a driver of a motor vehicle,

(b) travelling in a rotary or roundabout,

(c) passing a vehicle on the vehicle’s left, or

(d) encountering a condition on the roadway, including a fixed or moving object, parked or moving vehicle, pedestrian, animal or surface hazard that prevents the person from safely riding to the right side of the roadway;

(5) A cyclist on a highway shall ride in the same direction as the flow of traffic.

(6) Except when passing another cyclist, cyclists on a highway shall ride in single file. R.S., c. 293, s. 171; 2010, c. 59, s. 9; revision corrected.

110 motor vehicle R.S., c. 293

MAY 1, 2014

 

Designation of sidewalk as trail

171A Notwithstanding Section 171, a traffic authority appointed pursuant to Section 86 may

(a) designate a sidewalk or any portion thereof as a trail; and

(b) authorize and regulate the use of bicycles on such trails, and, for greater certainty, a sidewalk so designated is subject to all other provisions of this Act. 1997, c. 5, s. 1.

 

Motor vehicle passing bicycle

171B (1) A driver of a vehicle shall not pass a bicycle travelling in the same direction as the vehicle that is being ridden to the far right of the driver of the vehicle on the roadway, on the shoulder or in an adjacent bicycle lane unless

(a) there is sufficient space to do so safely; and

(b) the driver leaves at least one metre open space between the vehicle and the cyclist.

(2) Notwithstanding subsection 115(2), a driver of a motor vehicle may cross a line to pass a bicycle in accordance with subsection (1) if the driver can do so safely as required by Section 100. 2010, c. 59, s. 10.


Lights or reflector

174 (6) Every bicycle shall be equipped with a lighted lamp on the front thereof visible under normal atmospheric conditions from a distance of at least

100 metres in front of the bicycle and shall also be equipped with a reflex mirror or lamp on the rear exhibiting a red light visible under like conditions from a distance of at least 60 metres to the rear of such bicycle.


Horn, siren or bell

183 (5) Every bicycle shall be equipped with a bell or horn in good working order, and it shall be an offence for any person to install or use upon a bicycle any siren or whistle.

This is a unique website which will require a more modern browser to work!

Please upgrade today!

Bicycle Nova Scotia