When Terrance John Wojtkiw was pulled over on the Patricia Bay Highway he was wearing a motorcycle helmet while riding his Tag 500 scooter. (Rick Barrett/Unsplash)

Victoria man’s ‘mongrel’ scooter saves him from three charges

Terrance John Wojtkiw had no drivers licence, scooter had no licence plate

A Victoria man dodged three charges relating to lack of insurance, not having a licence and passing on the left side of the road thanks to a scooter that a B.C. judge deemed to be a “mixed breed or mongrel,” in a judgment posted on Monday.

When Terrance John Wojtkiw was pulled over on July 10 while heading northbound on the Patricia Bay Highway, he tried to explain to the officer how in the past four or five years that he’s been driving the Tag 500 he’s been stopped several times but always let go when officers realize it’s a motor assisted cycle.

READ ALSO: Victoria student out $600 for lack of e-bike insurance blames confusing rules

The Crown called into question whether or not the scooter really was a motor assisted cycle due to modifications that had been made to the pedals, turning them 180 degrees. Wojtkiw testified he had made the adjustments because the downward arm would catch on the roadway while making turns.

Another factor that came into play during trial was the speed at which the scooter had been driving when the officer pulled Wojtkiw over. A motor assisted cycle must not be capable of assisting to a speed greater than 32 km/hr, Wojtkiw was noted to be travelling at 48 km/hr.

READ ALSO: Recent collision raises questions about rules of road for personal mobility devices

Wojtkiw presented evidence showing a slight decline at that section of the road that may have caused him to pick up speed.

The judge stated that the scooter met the statutory definition of a motor assisted cycle despite the fact that the device governing speed was either disabled or malfunctioned.

Because the scooter was deemed a motor assisted cycle, the operator is not required to have a valid motor vehicle liability policy nor a drivers licence, tossing out the first two charges. The third charge of passing on the left was also tossed out due to the fact that the law only pertains to vehicles, therefore excluding a motor assisted cycle.

The judge ended the hearing by suggesting the regulations would benefit from a review.



kendra.crighton@blackpress.ca

Follow us on Instagram
Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Chilliwack school board chair running in provincial election

Dan Coulter will run against incumbent John Martin and former school trustee Diane Janzen

Chilliwack man hoping to restore ‘59 Chevy with big lottery win

Hervey Blois, a retired veteran, says he’s ‘dumbstruck’ by $500,000 win on lottery website

Flash bangs and police chopper were part of ERT operation in Chilliwack

Police say Lewis Avenue incident last Thursday night was part of ‘ongoing RCMP investigation’

Defence in Fraser Valley chicken abuse cases asks BC Supreme Court to drop the charges

Sofina Foods and Chilliwack company say undercover video by ‘vigilante group’ violates Charter rights

European fire ants infesting area of Chilliwack near Jinkerson Stairs

Crews from City of Chilliwack will be working to clear section near the top the stairs Monday

Weekend sees 267 cases, 3 deaths in B.C.; Dr. Henry says events leading to COVID spread

There are currently 1,302 active cases in B.C., while 3,372 people are under public health monitoring

Lightning strike: Tampa Bay blanks Dallas 2-0 to win Stanley Cup

Hedman wins Conn Smythe Trophy as playoff MVP

Liberals seek to fast track new COVID-19 aid bill after CERB expires

Government secured NDP support for legislation by hiking amount of benefits by $100 to $500 per week

Police investigating shooting in North Delta

Police say occupants of two vehicles exchanged gunfire near 120th Street and 82nd Avenue

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

B.C. VOTES 2020: Echoes of HST in B.C. debate over sales tax

Cannabis, tobacco, luxury cars still taxed in B.C. Liberal plan

TransLink CEO asks riders not to enforce mask rules after Surrey bus punch-up

A fight broke out on a bus at 96 Avenue and Scott Road involving a man who refused to wear a mask

She warned her son about toxic drugs, then he was dead

Donna Bridgman’s son died at the age of 38 in Vancouver

Most Read