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This weeks article is about E-bikes and a generally unknown rule that applies to them.
For those who do not know what an E-Bike is;
For use in the Province of Ontario, a power-assisted bicycle, or e-bike, is a bicycle that:
Has a maximum weight of 120 kg (includes the weight of bike and battery);
Has wheels with a diameter of at least 350 mm and width of at least 35 mm; and
Meets the federal definition of a power-assisted bicycle:
has steering handlebars and is equipped with pedals,
is designed to travel on not more than three wheels in contact with the ground,
is capable of being propelled by muscular power,
has one or more electric motors that have, singly or in combination, the following characteristics:
it has a total continuous power output rating, measured at the shaft of each motor, of 500 W or less,
if it is engaged by the use of muscular power, power assistance immediately ceases when the muscular power ceases,
if it is engaged by the use of an accelerator controller, power assistance immediately ceases when the brakes are applied, and
it is incapable of providing further assistance when the bicycle attains a speed of 32 km/h on level ground,
bears a label that is permanently affixed by the manufacturer and appears in a conspicuous location stating, in both official languages, that the vehicle is a power-assisted bicycle as defined federally, and
has one of the following safety features,
an enabling mechanism to turn the electric motor on and off that is separate from the accelerator controller and fitted in such a manner that it is operable by the driver, or
a mechanism that prevents the motor from being engaged before the bicycle attains 3 km/hr.
Most people are aware that in Ontario a licence is not required to operate one of these E-Bikes, making it a good mode of transportation for anyone over 16 who wants to get around independently but that does not have a driver’s licence.
The only snag with these is that if you have a driver’s licence suspension for a conviction under the Criminal Code you CAN NOT operate one. A conviction of this type would primarily be a conviction for Impaired Driving or Over 80.
If you are currently suspended due to a conviction and are found to be riding an E-Bike you can be charged with the Criminal offence of Drive Disqualified.
Now let me explain why.
Under the Criminal Code a motor vehicle is defined as:
“motor vehicle” means a vehicle that is drawn, propelled or driven by any means other than muscular power, but does not include railway equipment.
Therefore because en E-Bike is propelled by not just muscle power when on peddle mode but also by an electric motor it falls under this definition. So when a Criminal Code suspension occurs it means a suspension from driving a motor vehicle as defined by the Criminal Code.
In contrast to the Criminal Code, the Highway Traffic act defines a motor vehicle as:
“motor vehicle” includes an automobile, a motorcycle, a motor-assisted bicycle unless otherwise indicated in this Act, and any other vehicle propelled or driven otherwise than by muscular power, but does not include a street car or other motor vehicle running only upon rails, a power-assisted bicycle, a motorized snow vehicle, a traction engine, a farm tractor, a self-propelled implement of husbandry or a road-building machine.
This definition does not include E-Bikes as motor vehicles. If someone has a licence suspension for a Highway Traffic act infraction they can still operate an E-Bike.
There are few people who are aware of this, even the Ministry of Transportation only recently amended their web site to warn people that if under suspension they cannot operate an E-Bike. There has been, however some Drive Disqualified charges laid related to E-Bike operation , so some cops do know this.
If you would like more information on this drop me a line.
Legal Beagle
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Disclaimer:
None of the information provided in this column is meant to replace the advice of a Professional Legal Services Provider. Any Information provided is meant solely as general information only. You are encouraged to seek personal advice from a Paralegal or Lawyer when dealing with any legal matter. |
