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

Man whose crime spree began in Nelson pleads guilty in death of female passenger

Anthony Cortez scheduled to be sentenced for 2017 incidents

Totem pole considered cultural appropriation removed from Nelson’s Hume School

The pole had also become rotted and was seen as dangerous to students

Nakusp Secondary School grads raise $10,000 from bottle drive

Students packed an incredible 300 bags worth of bottles during event

Rossland resident Aerin Bowers completes 19-km swim along Christina Lake

Bowers said her dad inspired her to complete the epic adventure

Village of Nakusp looks to remove land from ALR around airport

The move will make it easier for the village to develop the land down the road

BC Liberal Leader talks drug addiction in the Lower Mainland

Drug addiction and public safety a top priority says Andrew Wilkinson

Pandemic derails CP Holiday Train

Canadian Pacific will work to get donations to food banks while also producing an online music concert

Interior Health reports five new COVID-19 cases

Across the region, 34 cases are active

Vanderhoof’s Brian Frenkel takes on top job in tough times

We can get through this, new local government leader says

Local councils important, Horgan says as municipal conference ends

B.C. NDP leader says ‘speed dating’ vital, online or in person

Penticton woman sentenced to one year in prison for manslaughter of teen boyfriend

Kiera Bourque, 24, was sentenced for manslaughter in the 2017 death of Penticton’s Devon Blackmore

B.C. Green leader says NDP abandoning environmental plan

Horgan’s claim of unstable government false, Furstenau says

Province’s response to old growth forest report falls short, says Nelson scientist

Rachel Holt says province is saving areas that don’t need protection, ignoring those that do

Most Read