Motorcyclists are over-represented in road trauma statistics. In British Columbia motorcycles are estimated to make up about three per cent of insured vehicles, yet motorcycles are involved in approximately ten per cent of road fatalities. Between 1996 and 2010, motorcycle fatalities increased 57 per cent. The fatality rate for young drivers under 25 years of age is on average 15 times higher than drivers over 25 years of age.
Motorcyclists are considered vulnerable road users for a number of reasons:
On June 1, 2012, amendments to the Motor Vehicle Act and supporting regulations will be brought into force. These changes to the law are as follows:
Motorcycle helmets can reduce the likelihood of a crash fatality and are also found to be very effective in preventing brain injuries.
In British Columbia, motorcycle drivers and passengers are required to wear a motorcycle safety helmet that meets one of the following safety standards (and the helmet needs to display the proper certification label):
The safety helmet needs to display the proper certification label. Detailed requirements and label images are provided below.
Standards for helmet safety are set by a series of tests performed on these critical elements:
A motorcycle helmet that meets these standards contains a rigid head covering that consists of a strong, stiff outer shell and a crushable liner. The stiff outer shell must protect the head by distributing the impact throughout the surface of the helmet, and the crushable liner must protect the head by absorbing the energy of the impact.
Compliance with other standards – such as Canada Standards Association (CSA), British Standards Institute (BSI) or the American National Standards Institute (ANSI) – while not prohibited, does not mean your helmet is legal. British Columbia has not adopted these standards because they are not available to the public free of charge. The Province is committed to ensuring the standards required by law not only represent the cutting edge of safety industry technical knowledge, but are also available to all British Columbians at no cost.
Full-face helmets and visors are not required and riders are free to choose any helmet colour they prefer. However, eye protection and brightly-coloured helmets are strongly recommended to help prevent collisions, injuries and fatalities. Uncertified, novelty beanies do not meet the requirements.
The symbol DOT, constitutes the manufacturer's certification that the helmet conforms to the applicable Federal motor vehicle safety standards. This symbol needs to appear on the outer surface of the helmet, in a color that contrasts with the background color of the helmet. Letters are at least one centimetre (3/8 inch) high, centred laterally with the horizontal centreline of the symbol located a minimum of 2.9 centimetres (1 1/8 inches) and a maximum of 3.5 centimetres (1 3/8 inches) from the bottom edge of the helmet.
Each helmet shall include one of the Snell Memorial Foundations serialized certification labels. The Snell certification label can be placed on either the inside or outside of the helmet.
An ECE label means the helmet is approved in accordance with the United Nations Economic Commission for Europe Regulation No. 22.05. The symbol for this approval is a circle surrounding the letter 'E' followed by the identification number of the country that has granted approval.
In addition, the following information is represented by the approval label.
The approval number followed by a letter identifying helmet characteristics:
This is then followed by a production serial number.
If police have probable cause to suspect the motorcycle driver or passenger are not using an approved helmet, police are authorized to inspect helmets at the roadside to ensure they meet specified requirements. Inspected helmets that do not meet the approved standards are subject to seizure. If the motorcycle can’t be parked legally or safely after such helmet seizure, a peace officer has authority to have the vehicle towed at the owner’s expense.
The power to seize helmets may be exercised only when the officer has reason to believe a helmet does not meet regulatory requirements, which can be determined by inspecting the helmet for safety certification labels.
During such a seizure, peace officers are subject to existing procedures required under the Offence Act which ensure fairness regarding how the property is handled and determining who retains the property after any relevant court proceedings or processes.
Under the motorcycle safety laws the seating requirements are as follows:
Image below shows placement of feet on foot pegs.
Motor Vehicle Act (MVA) Section | Description | Fine | Points |
---|---|---|---|
194(1) | Operate motorcycle – not on seat | $121 | 2 |
194(2)(a) | Passenger unlawfully on motorcycle | $109 | 0 |
194(2)(b) | Motorcycle passenger not lawfully seated | $109 | 0 |
194(2)(c) | Fail to use foot pegs or floorboards | $109 | 0 |
194(3) | Ride motorcycle without required helmet | $138 | 0 |
194(4)(a) | Permit passenger under 16 to be unlawfully seated | $109 | 2 |
194(4)(b) | Permit passenger under 16 to ride without a helmet | $138 | 0 |
194(9) | Obstruct a peace officer | $276 | 0 |
194(10) | Operate motorcycle more than two abreast | $109 | 2 |
MVA Regulations Section | Description | Fine | Points |
---|---|---|---|
Fine Increase 3.02 | Improper Display of Plate | $230 | 0 |
Fine Increase 3.03 | Illegal Plate | $230 | 0 |
NOTE: Violation of seating laws will result in vehicle impoundment and fines. For information on driving infraction impoundments see Notice of Impoundment information on the Vehicle Impoundment page on this website.
See also, Order in Council – Fines schedule changes