Motorcycles are Motor Vehicles
The Motor Vehicle Act defines ‘motorcycle’ as “a motor vehicle that runs on 2 or 3 wheels and has a saddle or seat for the driver to sit astride”. As a driver of a motor vehicle, a motorcyclist is bound by the same rules as any other driver.
Section 194 sets out some additional responsibilities of motorcyclists:
- You must wear an approved helmet (as set out in the Designation of Motorcycle Safety Helmets Regulation).
- You must not ride alongside another motorcycle except when passing that motorcycle.
- You must not carry a passenger unless your motorcycle is equipped for that passenger.
While you should always wear a helmet, if you are injured in an accident due to your failure to wear a helmet, you may still have an ICBC claim. However, your claim could be reduced for your contributory negligence. The amount of the reduction depends on the particular facts of the ICBC claim, and so you should consult a lawyer about your case.
ICBC insurance only covers accidents that occur when a motorcycle is operated by someone licensed to drive a motorcycle. This includes someone who borrows your motorcycle. As the motorcycle owner, you must ensure that anyone driving your motorcycle has a valid motorcycle license before allowing them to drive your motorcycle.
Finally, if you are involved in a motorcycle accident while off-roading, the rules regarding insurance coverage are somewhat different. You may still be covered by ICBC, but you should certainly consult a lawyer about the circumstances of your accident.
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