No Light On Bike After Dark
Hi! I'm helping a friend defend a H.T.A. charge of riding her bike without a light. Here's the actual law:
Lamps on all vehicles, except motor vehicles, etc.
(26) Subject to subsection (28), every vehicle, other than a motor vehicle, motor-assisted bicycle, bicycle (except a unicycle) or a vehicle referred to in subsection (24), (25) or (27), when on a highway at any time from one-half hour before sunset to one-half hour after sunrise and at any other time when, due to insufficient light or unfavourable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 150 metres or less, shall carry in a conspicuous position on the left side a lighted lamp which shall display a white light to the front and a red light to the rear or a lighted lamp which shall display a white light to the front and a lighted lamp which shall display a red light to the rear, and any lamp so used shall be clearly visible at a distance of at least 150 metres from the front and the rear of the vehicle, as the case may be.
In our absolute liability world, the Crown's win is almost a foregone conclusion. She was stopped while riding her bike on the ridewalk, though -- probably an offence in itself -- but this gives me my only defence idea so far: do you think it'd be worth arguing "sidewalk" doesn't seem to meet the definition of "highway" under the Act?
I'd appreciate any other defence ideas, of course!