BILL NO. 84
(as introduced)
2nd Session, 61st General Assembly
Nova Scotia
59 Elizabeth II, 2010
Motor Vehicle Act
(amended)
Andrew Younger
Dartmouth East
First Reading: November 5, 2010
Second Reading:
Third Reading:
Explanatory Note
This Bill amends the Motor Vehicle Act to
(a) require a vehicle passing a cyclist to maintain a safe distance from the cyclist of 1 metre if the vehicle is travelling at under 80 kilometres per hour and 1 metres if the vehicle is travelling at 80 kilometres per hour or more;
(b) provide for an additional fine if contravention of the requirement to maintain a safe distance results in serious injury or death of the cyclist; and
(c) require a driver who is convicted of failing to maintain a safe distance to successfully complete, at the driver's own expense, a prescribed remedial program concerning the requirement to maintain a safe distance.
An Act to Amend Chapter 293
of the Revised Statutes, 1989,
the Motor Vehicle Act
1 Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, is amended by adding immediately after Section 114 the following Section:
(2) For the purpose of subsection (1), a safe distance is
(a) one metre between the vehicle and the bicycle if the vehicle is travelling at a speed of less than eighty kilometres per hour; and
(b) one and one half metres between the vehicle and the bicycle if the vehicle is travelling at a speed of eighty kilometres per hour or more.
(3) In the case of a collision between a bicycle and a vehicle, the driver of the vehicle is presumed not to have left the safe distance required by subsection (1).
(4) Subsection (3) does not apply if it is determined that the rider of the bicycle
(a) was operating the bicycle in an unsafe or risky manner; or
(b) wilfully violated the safe travelling distance.
(5) Where the driver of a vehicle is convicted of contravening subsection (1), the driver of the vehicle is liable, in addition to the fine under Section 298, to a fine of
(a) $1,500 if the court is satisfied on the evidence that the contravention resulted in serious bodily harm to the rider of the bicycle; or
(b) $5,000 if the court is satisfied on the evidence that the contravention resulted in the death of the rider of the bicycle.
(6) Where the driver of a vehicle is convicted of contravening subsection (1), the court shall, in addition to the fine under Section 298 and the fine, if any, under subsection (5), order that the driver successfully complete, at the driver's own expense a prescribed remedial program concerning the rules in this Section.
(7) The Governor in Council may make regulations
(a) prescribing a remedial program for the purpose of this Section;
(b) determining what constitutes the successful completion of the remedial program; and
(c) prescribing fees for the remedial program.
(8) The exercise by the Governor in Council of the authority contained in subsection (7) is regulations within the meaning of the Regulations Act.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2010 Crown in right of Nova Scotia. Created November 5, 2010. Send comments to legc.office@novascotia.ca.
