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)

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

Rose Sawka, 91, reaches out to her son Terry Sawka, on a daily visit through the window, from inside Acropolis Manor where a COVID-19 outbreak took hold on Jan 19. Rose was vaccinated for the virus on Jan. 20 and as of Feb. 25 has remained virus free. (Photo: K-J Millar/The Northern View)
No increases of COVID-19 at Acropolis -16 residents now recovered

Vaccinations have helped to stabilize Prince Rupert long-term care facility virus numbers

A health care worker prepares to test a Coastal GasLink field worker for COVID-19. (Coastal GasLink photo)
Coastal GasLink begins COVID screening of pipeline workers

Construction is once again ramping up following Northern Health approval of COVID management plan

BC Bus North was implemented under the NDP provincial government in 2018 when Greyhound cancelled services across northern BC. The transportation funding expires at the end of March 2021. (Photo: B.C. Transit)
BC Liberals call for immediate govt. renewal of BC Bus North funding

BC Liberals spent years ignoring need for better transportation in the North - Jennifer Rice, MLA

Prince Rupert Tourism is benefitting from funding for new welcome and wayfinding signage from the COVID-19 Community Economic Recovery Infrastructure Program. McClymont Park on the gateway into Prince Rupert is one of the first things tourists see entering the city by road. (Photo: K-J Millar/The Northern View)
$695,000 Community Economic Recovery funds to benefit local organizations

Prince Rupert Tourism and Gitga’at Development Corporation to receive COVID-19 recovery funds

Wainwright Marine Services Ltd.’s “Ingenika” tugboat went missing in the Garner Canal area south and east of Kitimat on Feb. 11, resulting in two deaths and the rescue of a third man. (Wainwright Marine Photo)
Tug union demands Transport Canada protect workers along B.C. coast and rivers

ILWU makes safety demands following the deaths of two men and the rescue of a third

Abbotsford’s Kris Collins turned to TikTok out of boredom when the provincial COVID-19 lockdown began in March 2020. She now has over 23 million followers on the video app. Photo: Submitted
Internet famous: Abbotsford’s Kris Collins is a TikTok comedy queen

Collins has found surprise stardom alone with a phone

Nanaimo children’s author and illustrator Lindsay Ford’s latest book is ‘Science Girl.’ (Photo courtesy Lindsay Ford)
B.C. children’s writer encourages girls to pursue the sciences in new book

Lindsay Ford is holding a virtual launch for latest book, ‘Science Girl’

Pig races at the 145th annual Chilliwack Fair on Aug. 12, 2017. Monday, March 1, 2021 is Pig Day. (Jenna Hauck/ Chilliwack Progress file)
Unofficial holidays: Here’s what people are celebrating for the week of Feb. 28 to March 6

Pig Day, Canadian Bacon Day and Grammar Day are all coming up this week

Staff from the Marine Mammal Rescue Centre, passersby, RCMP and Nanaimo Fire Rescue carried a sick 300-kilogram steller sea lion up the steep bluff at Invermere Beach in north Nanaimo in an attempt to save the animal’s life Thursday. (Photo courtesy Marine Mammal Rescue Centre)
300-kilogram sea lion muscled up from B.C. beach in rescue attempt

Animal dies despite efforts of Nanaimo marine mammal rescue team, emergency personnel and bystanders

Doctors and counsellors warn of an increase in panic attacks, anxiety, depression and suicide ideas between ages 10 to 14, in Campbell River. ( Black Press file photo)
Extended pandemic feeding the anxieties of B.C.’s youth

Parents not sure what to do, urged to reach out for help

Kara Sorensen, diagnosed with lung cancer in July, says it’s important for people to view her as healthy and vibrant, rather than sick. (Photo courtesy of Karen Sorensen)
B.C. woman must seek treatment overseas for inoperable lung cancer

Fundraising page launched on Karen Sorensen’s behalf, with a goal of $250,000

Gina Adams as she works on her latest piece titled ‘Undying Love’. (Submitted photo)
‘Toothless’ the kitty inspires B.C. wood carver to break out the chainsaw

Inspired by plight of a toothless cat, Gina Adams offers proceeds from her artwork to help animals

B.C. Finance Minister Selina Robinson presents bill to delay B.C.’s budget as late as April 30, and allow further spending before that, B.C. legislature, Dec. 8, 2020. (Hansard TV)
How big is B.C.’s COVID-19 deficit? We’ll find out April 20

More borrowing expected as pandemic enters second year

The first of 11 Dash 8 Q400 aircraft's have arrived in Abbotsford. Conair Group Inc. will soon transform them into firefighting airtankers. (Submitted)
Abbotsford’s Conair begins airtanker transformation

Aerial firefighting company creating Q400AT airtanker in advance of local forest fire season

Most Read