Q&A - What is an Invalid's Chair?

Motorized WheelchairI am wondering who in the government decides what an invalid's chair? I can see that in the Motor Vehicles Act that ICBC decides what is a motor vehicles but it's not clear who determines what constitutes an invalid's chair.

Comments

Answer

An invalid's chair is not directly defined in the Motor Vehicle Act. It is referred to though:

"pedestrian" means a person afoot, or an invalid or child in a wheelchair or carriage;

Application of Act

2 (2) This Act does not apply to the driving or operation of a mechanically propelled invalid's chair that is used only for the purposes for which it was designed.

(3) Despite subsection (2), a person must not drive or operate on a highway a mechanically propelled invalid's chair of a type or class prescribed by the Lieutenant Governor in Council as a motor vehicle unless the person complies with this Act.

Generally, when the Lieutenant Governor in Council prescribes something, it is a regulation associated with the Act. There are none listed that would apply. Also, when something is not specifically defined by legislation, the dictionary definition is sufficient and will be accepted by the courts.

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