Oak Bay first municipality to allow electric cars (And a bylaw is NECESSARY)

By Kerrie-Ann Schoenit - Oak Bay News

Published: August 19, 2008 1:00 PM

It's official. Electric vehicles are now legal to drive within the boundaries of Oak Bay. Without any discussion, council unanimously approved its low-speed electric car bylaw Monday night. This makes the municipality the first in Canada to allow the zero-emission vehicles on its roads. Drivers still won't be able to drive their electric cars beyond the municipality's borders or on roads posted at 50 km/h or faster. Other municipalities are looking at the feasibility of legalizing electric cars and the Capital Regional District is considering a regional bylaw.

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British Columbia
June 6, 2008, low-speed vehicle (LSV) regulations came into effect in British Columbia. Vehicles licensed and insured under this regulation no longer have to comply with the ‘slow moving vehicle’ regulation which required vehicles like the ZENN to operate with yellow flashing lights and a large triangular sign affixed to the back. To summarize the new regulations:

* A definition of "neighbourhood zero emission vehicles" (NZEV) was added to the Motor Vehicle Act Regulation (MVAR)
* A NZEV can operate on a highway with a speed limit of 40 km/hr or less OR
* On municipal roads up to 50 km/h, if the municipality authorizes operation through a bylaw, OR
* In unorganized areas (areas outside municipalities) on a road with a speed limit up to 50 km/h, if the Minister of Transportation issues a permit

Given the limitations as to where the ZENN can be legally operated under these new regulations – it is not currently feasible for ZENN Motor Company to establish operations in British Columbia. ZENN Motor Company is waiting until a significant number of adjoining municipalities pass ordinances allowing the ZENN to travel on 50km/h public roads prior to establishing a retailer network.
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Don Quixote Note: This came up for discussion at the last Vernon Council Meeting and it was stated that these types of vehicles were already allowed and no bylaw was necessary. It appears if you believe the above article and a Company's assessment of the requirements that a bylaw is necessary to authorize their travel on 50km/h public roads. In its initial press release at PROVINCE GIVES GREEN LIGHT TO ZERO EMISSION VEHICLES the province did not indicate a bylaw was necessary.

However the Motor Vehicle Act does state as follows that a bylaw is necessary
Neighbourhood zero emission vehicles

24.07 (1) No person may drive or operate a neighbourhood zero emission vehicle on a highway or class of highway except as authorized under this section.

(2) A person may drive or operate a neighbourhood zero emission vehicle in unorganized areas of British Columbia (a) on a highway or class of highway that has a speed limit of 40 km/hr or less, or (b) if authorized by a road use permit issued by the Minister of Transportation under section 209 (2) (d) of the Act, on a highway or class of highway that has a speed limit of over 40 km/hr but no more than 50 km/hr.

(3) A person may drive or operate a neighbourhood zero emission vehicle in a municipality (a) on a highway or class of highway that has a speed limit of 40 km/hr or less, or (b) if authorized by bylaw of the council of a municipality, on a highway or class of highway that has a speed limit of over 40 km/h but no more than 50 km/hr.

(4) A person who drives or operates a neighbourhood zero emission vehicle as authorized by subsection (2) or (3) may cross a highway that has a speed limit that is not greater than 80 km/hr at an intersection to enable the person to continue on a highway on which the person is authorized to drive or operate a neighbourhood zero emission vehicle.