2nd Session, 61st General Assembly
Nova Scotia
59 Elizabeth II, 2010
The Honourable Bill Estabrooks, M.B.
Minister of Transportation and Infrastructure Renewal
First Reading: November 15, 2010
Second Reading: November 9, 2010
Third Reading: November 29, 2010 (WITH COMMITTEE AMENDMENTS) (LINK TO BILL AS PASSED)
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This Bill amends the Motor Vehicle Act by
(a) adding rules respecting bicycle lanes;
(b) replacing the rules respecting cycling on the extreme right;
(c) requiring motorists to leave one metre of space between a motor vehicle and a bicycle it is passing;
(d) allowing a motorist to cross the centre line in order to pass a bicycle; and
(e) making uniform the references to cyclists.
1 Section 2 of Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, as amended by Chapter 24 of the Acts of 1994, Chapter 12 the Acts of 1994-95, Chapter 23 of the Acts of 1995-96, Chapter 12 of the Acts of 2001, Chapter 20 of the Acts of 2002, Chapter 42 of the Acts of 2004, Chapter 35 of the Acts of 2006, Chapter 20 of the Acts of 2007, Chapter 45 of the Acts of 2007 and Chapter 21 of the Acts of 2008, is further amended by
(a) adding immediately after clause (c) the following clause:
3 Subsection 110(1) of Chapter 293 is amended by adding ", subject to Section 131A," immediately after "and" in the fourth line.
4 Section 114 of Chapter 293 is amended by adding "(1)" immediately after the Section number and adding the following subsection:
(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.
7 Section 143 of Chapter 293 is amended by adding "(1)" immediately after the Section number and adding the following subsection:
9 (1) Subsection 171(1) of Chapter 293 is amended by
(a) striking out "The rider of a bicycle" in the first line and substituting "A cyclist"; and
(2) Subsection 171(3) of Chapter 293 is repealed and the following subsections substituted:
(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 in a lane other than the far right lane,
(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.
(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.
12 Section 298 of Chapter 293, as amended by Chapter 10 of the Acts of 2002, Chapter 8 of the Acts of 2005, Chapter 45 of the Acts of 2007 and Chapter 21 of the Acts of 2008, is further amended by adding ", Section 131A" immediately after "125A" in the second line.
13 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.