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POLICY REPORT
PUBLIC SAFETY Author/Local: G. Salmond/665-5077
Dept. File No. PRA96-011
TO:
Vancouver City Council
FROM:
Chief Constable
SUBJECT:
Amendment to By-law No. 2849 - Bicycle Helmets
A.THAT Council approve an amendment to the Street and Traffic By-law to require that a safety helmet must be worn when operating or riding as a passenger on a cycle on any path and way not considered private property or a highway as defined in the Motor Vehicle Act.
B.THAT, subject to the approval of recommendation A, the Street and Traffic By-law be amended to designate the cycle paths and ways shown on Appendix A to this report as public paths and ways where a helmet must be worn as described in recommendation A.
C.THAT, the voluntary payment for an offence against this provision be set at $25.00.
D.THAT the Director of Legal Services be authorized to bring forward the appropriate amendments.
The Chief Constable recommends approval of recommendation A, B,C and D and notes that, if approved, a By-law will be brought forward for enactment later this day*.
*NOTE FROM CITY CLERK: The by-law will be brought forward at a later date.
There is currently no Council policy related to this issue. The Bicycle Advisory Committee has endorsed mandatory cycle helmet legislation for riders on "highways", but no discussion has taken place regarding use in off-road situations.
The purpose of this report is to seek Council approval to amend the Street and Traffic By-law by adding sections related to the mandatory wearing of safety helmets by cyclists.
On June 27, 1995, Bill 50 - 1995, the Motor Vehicle Amendment Act (No. 2), 1995, was passed in the Provincial Legislature. Several amendments contained in this Bill relate to cycles and the mandatory wearing of safety helmets by all operators and passengers on cycles. These amendments to the Motor Vehicle Act have been in force since September 3, 1996.
Under an amendment to Section 120 of the Act, Municipal Powers, municipalities are authorized to make by-laws which require that cyclists who ride on paths or ways must wear a safety helmet. "On paths or ways" is defined as not being on a highway or located on private property.
An amendment to the By-law is required since the Motor Vehicle Act regulation is only enforceable when a cycle is operated on a highway. Cyclists who ride on a park path or along the seawall are currently exempt from prosecution under the Motor Vehicle Act.
The potential for head injury during a cycling mishap is always present. Although riders may not have to contend with motor vehicles when they are off the highway, numerous other hazards still exist, for example, pedestrians and riding surfaces. For this reason, helmets should be worn at all times, whether on or off a highway.
Enforcement of a by-law provision is designed to obtain compliance. Therefore, the fine must be sufficiently substantial to reflect the seriousness of mandatory helmet laws. The appropriate voluntary payment would be $25.00 in keeping with the Provincial Legislation.
At the December 20, 1995 meeting of the Bicycle Advisory Committee, it was resolved to endorse the recommendations of this report. An extract from the minutes is attached in Appendix B.
The City Engineer has prepared maps showing the existing paths and ways that form part of the City bicycle route but are not part of the established street/highway system. The paths and ways that are under the jurisdiction of the Park Board are shown with a dotted line and will not form part of the by-law until the Park Board has had the opportunity to respond. At that time a simple amendment to the by-law will include those areas as well. Appendix A shows these paths and ways.
The introduction of mandatory safety helmets for cyclists will have a financial impact on those who cannot afford to buy them. As was the case with seatbelt legislation, there will be a reluctance on the part of some people to conform. However, the provincial government has stated that they will be addressing both these concerns through:
- a subsidy program to purchase helmets; and
- an advertising campaign prior to the legislation coming into force.
Mandatory helmet wear will benefit the public with the reduction of serious injury and health care costs borne by society.
It is recommended that Council approve the recommendation to amend the Street and Traffic Bylaw to require wearing approved safety helmets when operating or riding as a passenger on a cycle on paths and ways identified in Appendix A to this report.
APPENDIX A ON FILE IN CITY CLERK’S OFFICE
MAPS NOT AVAILABLE IN ELECTRONIC FORMAT
The Committee had before it for comment a draft report from the Chief Constable recommending regulated use of bicycle helmets on paths and ways not considered private property or a highway as defined in the Motor Vehicle Act.
Constable Bert Rainey advised the report had been prepared for presentation to City Council to allow amendment to the Street and Traffic By-law regarding enforcement of helmet legislation to coincide with Provincial legislation that will come into force on September 3, 1996.
The Chair noted the Bicycle Advisory Committee had previously endorsed the use of bicycle helmets, and requested members comments on the proposed legislation.
Lengthy discussion followed on the possible negative reaction of some recreational cyclists, perhaps discouraging beginner cyclists; however, the positive safety aspects of encouraging helmet use, from beginner recreational cyclists through to responsible commuter cyclists was stressed as was the need for consistency in both Provincial and City legislation.
Reference was also made to the use of lights and bells. Engineering staff advised this is an outstanding Council resolution that will be enacted once Motor Vehicle Act changes come into effect.
THAT the Bicycle Advisory Committee endorse the following recommendations of the Chief Constable:
That Council approve an amendment to the Street and Traffic By-law No. 2849 which requires that a safety helmet must be worn when riding a cycle on any paths and ways not considered private property or a highway as defined in the Motor Vehicle Act.
That, subject to the approval of the above recommendation, the Street and Traffic By-law No. 2849 be amended to include a definition for "cycle" and "paths and ways" under Section 3.
FURTHER THAT the Committee encourage the Chief Constable to consider, for an introductory period, reimbursement of tickets for not wearing helmets after proof of purchase for same has been submitted.
(Ms Warn and Mr. Nuttall requested to be shown opposed to this motion.)
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