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

Abbotsford demonstration planned for Friday

Organizers say they don’t intend to block rail or road traffic downtown

Victoria, Abbotsford recorded biggest jumps in rent prices nationwide: report

Toronto and Vancouver had priciest rentals in Canada

VIDEO: Abbotsford stabbing sends one to hospital

One person received non-life threatening injuries after stabbing early Sunday morning

PHOTOS: Family Day at the Mission Leisure Centre

Families participating in events including floor hockey, bouncy castle, skating, swimming and more

VIDEO: Bear Hide Campaign March goes through downtown Mission

Aboriginal and non-Aboriginal men stand up against violence towards women and children

VIDEO: 7 things you need to know about the 2020 B.C. budget

Surplus of $227 million with big spending on infrastructure and capital projects

Trees Cannabis director fined $1.5M for selling marijuana

Fine follows provincial crackdown on popular dispensary

World Cup skier from Okanagan dies suddenly at 19

Kuroda, who made his World Cup debut earlier this year, passed away suddenly Monday night.

Coastal GasLink pipeline investor committed to closing deal despite protests

Developer TC Energy Corp. — formerly TransCanada Corp. — is to remain the operator of the $6.6-billion pipeline

New highway proposed between Alberta and B.C.

The route would connect Red Deer to Kamloops

What’s in a name? The story of Revelstoke’s Mt. Begbie

It’s likely the iconic peak had several Indigenous peoples’ names before settlers arrived

Budget 2020: B.C. Liberals blast ‘Netflix tax,’ lack of economic plan

ICBC rates still go up, except in election year, Shirley Bond says

Maggie and Tim: A residential school survivor and her son who died on B.C. streets

Part one of a two-part series on a young man’s tragic death and his mother’s survival through hardship

Teen snowmobiler from Kelowna found after air force’s overnight search

The teen had been missing since just after 6 p.m. on Monday

Most Read