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Segway Pilot Project Regulations

made under Section 307 of the

Motor Vehicle Act

R.S.N.S. 1989, c. 293

O.I.C. 2014-40 (February 4, 2014), N.S. Reg. 21/2014


Interpretation and Application


Citation

1     These regulations may be cited as the Segway Pilot Project Regulations.


Definitions

2     In these regulations,

 

“Act” means the Motor Vehicle Act;

 

“applicant” means an applicant for participation in the pilot project;

 

“application” means an application for participation in the pilot project;

 

“authorized Segway” means a Segway that is owned or leased by a participant and identified in a pilot project permit;

 

“identification sticker” means a sticker issued by the Department to be attached to an authorized Segway that identifies both the participant who owns or leases it and its unit number;

 

“participant” means a person that has been issued a pilot project permit;

 

“pilot project” means the Department’s project for researching, testing and evaluating Segways on highways as authorized by these regulations;

 

“pilot project permit” means a permit issued under Section 9 to participate in the pilot project;

 

“ride”, in relation to a Segway, means to operate the Segway;

 

“Segway” means a 2-wheeled, self-balancing electric vehicle manufactured by Segway Inc., designed for the personal transportation of a single person and known as the Segway personal transporter or the Segway human transporter.


Pilot project duration

3     The pilot project begins on February 1, 2014, and ends on January 31, 2016.


Only authorized Segways allowed on highway

4     A person must not ride a Segway on a highway unless it is an authorized Segway.


Authorized Segway deemed to be pedestrian or bicycle

5     (1)    For the purpose of the Act and the regulations made under the Act, and despite the definition of “motor vehicle” in the Act,

                (a)    when an authorized Segway is ridden on a sidewalk, the Segway and its rider are deemed to be a pedestrian;

 

                (b)    when an authorized Segway is ridden on a roadway,

 

                         (i)     it is deemed to be a bicycle and not a motor vehicle, and

 

                         (ii)    its rider is deemed to be a cyclist.

 

(2)   Except as otherwise provided in these regulations, an authorized Segway and its rider must comply with all of the requirements of the Act that are applicable to

 

                (a)    a pedestrian when the Segway is ridden on a sidewalk; and

 

                (b)    a bicycle and a cyclist when the Segway is ridden on a roadway.


Exemptions from Act

6     An authorized Segway on a roadway is not required to comply with the following provisions of the Act:

 

                (a)    Section 119, respecting hand signals,

 

                (b)    Section 122, respecting left turns;

 

                (c)    subsection 171(4), respecting cyclists riding on roadways other than in bicycles lanes.


Participation in Pilot Project


Applying to participate in pilot project

7     (1)    An application must be made to the Minister on a form provided by the Department and must include any information or material required by the Minister to assess the suitability of the applicant’s participation, and in particular must include all of the following information:

 

                (a)    the applicant’s contact information;

 

                (b)    the number of Segways the applicant proposes to be operated under the pilot project permit and the serial number for each Segway;

 

                (c)    the routes the applicant proposes that the Segways be operated on;

 

                (d)    the training program that will be provided to each rider;

 

                (e)    the hours the Segways will be operated;

 

                (f)    for an applicant who will be using the Segways for commercial purposes, the nature of the applicant’s business.

 

       (2)    On receipt of an application, the Department must forward a copy of it to the traffic authority responsible for any highways identified on the routes proposed by the applicant.

 

       (3)    A traffic authority who receives an application under subsection (2) must provide any objections to the application to the Department in writing no later than 30 days after the date the traffic authority receives the application.


Eligibility for participation

8     An applicant is not eligible to be issued a pilot project permit if any of the following apply:

 

                (a)    the applicant does not apply in accordance with these regulations;

 

                (b)    the applicant submits an application containing a false statement or false, incorrect or misleading information;

 

                (c)    the applicant owns or leases fewer than 3 Segways.


Pilot project permit

9     (1)    The Minister, in the Minister’s sole discretion, may issue a pilot project permit, which may be subject to any terms and conditions the Minister considers necessary to ensure the safety of all users of highways.

 

       (2)    A pilot project permit must identify

 

                (a)    each of the Segways that will be operated under the permit; and

 

                (b)    the routes on which the Segways are authorized to be operated.

 

       (3)    The Minister may amend a pilot project permit, including the terms and conditions of the permit, at any time during the pilot project.

 

       (4)    A participant must comply with all the terms or conditions of their pilot project permit.

 

       (5)    A participant must give notice of the terms and conditions of their pilot project permit to each rider of their authorized Segways.


Revoking pilot project permit

10   The Minister may revoke a participant’s pilot project permit if the Minister is satisfied that

 

                (a)    the application for the permit included a false statement or false, incorrect or misleading information; or

 

                (b)    the participant failed to comply with a term or condition of the permit or a provision of the Act or these regulations.


Identification stickers

11   (1)    The Department must provide a participant with an identification sticker for each of the participant’s authorized Segways.

 

       (2)    A participant must ensure that each of their authorized Segways displays the identification sticker issued for it in a visible location, as directed by the Department.


Participant records of riders

12   A participant must keep a record of all of the following about each rider of their authorized Segways:

 

                (a)    the name of the rider;

 

                (b)    the unit number of the Segway ridden by the rider;

 

                (c)    the date and time the rider rode the Segway;

 

                (d)    confirmation from the rider and the participant that the rider has completed the required training.


Participant reporting to Minister

13   A participant must report to the Minister, as often as the Minister requires, on any aspect of the operation of authorized Segways that the Minister specifies.


Operating Segway on Highway

 

Locations for operating Segway                   

14   (1)    Where there is a sidewalk on a highway, an authorized Segway must be ridden on the sidewalk and not on the roadway.

 

       (2)    Where there is no sidewalk on a highway or where it is impracticable to ride on a sidewalk, an authorized Segway must be ridden on the roadway

 

                (a)    in a bicycle lane, if one is available; or

 

                (b)    to the far right side of the roadway, if no bicycle lane is available.


Segways prohibited on certain highways

15   (1)    A person must not ride an authorized Segway on any of the following highways:

 

                (a)    a highway with a posted speed limit of greater than 60 km/h;

 

                (b)    a controlled access highway;

 

                (c)    a highway to which access by bicycles is prohibited under the Act, its regulations or a municipal bylaw;

 

                (d)    a highway that is private property, if the owner prohibits the operation of Segways on the property.

 

       (2)    A person must not ride an authorized Segway on a highway that is not part of the route identified in the pilot project permit that applies to the Segway.

 

       (3)    A participant must not allow a person to ride any of the participant’s authorized Segways on a highway that is not part of the route identified in the participant’s pilot project permit.


Operating Requirements


Training

16   A participant must not allow a person to ride any of the participant’s authorized Segways on a highway unless the person has completed the training required under the participant’s pilot project permit.


Minimum age requirement

17   A participant must not allow a person to ride any of the participant’s authorized Segways on a highway unless the person is at least

 

                (a)    16 years old; or

 

                (b)    14 years old and their parent or guardian consents to allowing the person to ride the authorized Segway.


Helmet requirements

18   (1)    A person riding an authorized Segway must wear a bicycle helmet that complies with the requirements of Section 170A of the Act.

 

       (2)    A parent or guardian of a person under 16 years old must not authorize or knowingly permit that person to ride an authorized Segway unless the person is wearing a helmet as required by subsection (1).

 

       (3)    Every person who is 16 years old or older and who violates a provision of this Section is guilty of an offence.


Limited to 1 person

19   A person must not ride an authorized Segway on a highway if any other person is on or attached to it.


Riding position

20   A person riding an authorized Segway on a highway must stand at all times while the Segway is in motion.


Maximum rate of speed

21   A person must not ride an authorized Segway at a speed faster than 20 km/h on a highway.


No towing

22   A person must not use an authorized Segway to tow another person, vehicle or device on a highway.


Single file

23   Except when passing another Segway, persons riding authorized Segways on a highway must ride in single file.


Right-of-way

24   A person riding an authorized Segway on a sidewalk must yield the right-of-way to a pedestrian.


Sounding horn

25   A person riding an authorized Segway on a highway must sound the equipped bell or horn whenever it is reasonably necessary to notify others on the highway of their approach, including when overtaking a pedestrian.


Communication devices prohibited

26   A person riding an authorized Segway on a highway must not use a hand-held cellular telephone or engage in text messaging on any communications device.


Left turns

27   (1)    Except as permitted in subsection (2), a person riding an authorized Segway must not make a left turn on a roadway.

 

       (2)    A rider may make a left turn at an intersection by crossing the intersecting highways at a crosswalk without dismounting, as if the Segway and the rider were a pedestrian and in accordance with all the requirements for pedestrians under the Act.


Identification to peace officer

28   (1)    When required to do so by a peace officer, a person riding an authorized Segway on a highway must stop and provide their name, address and date of birth to the peace officer.

 

       (2)    When requested, a participant must provide a peace officer with their pilot project permit and any of the information required to be maintained by the participant under Section 12.


Accidents

29   (1)    No later than 24 hours after the occurrence of an accident involving an authorized Segway and a pedestrian, animal, vehicle or other property that results in property damage of more than $2000 or personal injury, the participant who owns or leases the Segway must report the details of the accident to the Minister.

 

       (2)    Any person with knowledge of any accident involving an authorized Segway must, on the request of the Minister, provide the Minister with any information the Minister considers necessary to assist in evaluating the pilot project.


Equipment


Maintaining Segway in good working order

30   A participant must ensure that each of their authorized Segways is in good working order and that

 

                (a)    no component, equipment or other feature that was part of the Segway when it was manufactured or imported is missing or rendered partly or wholly inoperable; and

 

                (b)    no component, equipment or other feature that is required by these regulations is missing from the Segway or rendered partly or wholly inoperable.


Bell or horn equipped

31   A participant must ensure that each of their authorized Segways is equipped with a bell or horn and that the bell or horn is kept in good working order.


Lights

32   A participant must ensure that each of their authorized Segways is equipped with

 

                (a)    a lighted lamp on the front that is visible under normal atmospheric conditions from a distance of at least 100 m in front of the Segway; and

 

                (b)    a reflex mirror or lamp on the rear that exhibits a red light visible under normal atmospheric conditions from a distance of at least 60 m to the rear of the Segway.


Segway must not be modified

33   (1)    A participant must ensure that none of their authorized Segways have been modified after their manufacture except as permitted by subsection (2).

 

       (2)    A basket, bag or other thing customarily attached as an accessory to a bicycle, or a bell, horn or lamp in compliance with Section 174 of the Act or Section 31 or 32 may be added to an authorized Segway after its manufacture.

 

       (3)    A participant must not allow a person to ride any of their authorized Segways on a highway if the Segway has been modified after its manufacture other than as permitted by subsection (2).


Penalties


Category A offences

34   The penalties for a violation of any of the following provisions of these regulations are the penalties provided for a category A offence in the Summary Proceedings Act: Section 14, subsection 15(1) or (2), Section 18, 19, 20, 21, 22, 23, 24, 25 or 26, subsection 27(1) or 28(1).


Category B offences

35   The penalties for a violation of any of the following provisions of these regulations are the penalties provided for a category B offence in the Summary Proceedings Act: subsection 9(4), 9(5) or 11(2), Section 12 or 13, subsection 15(3), Section 16 or 17, subsection 28(2), Section 29, 30, 31, 32 or 33.


Category D offence

36   The penalty for a violation of Section 4 of these regulations is the penalty provided for in [a] category D offence in the Summary Proceedings Act.