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Police Forum Police Head Mod: Skidmark
Questions & info about the Motor Vehicle Act. Mature discussion only.

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Old 06-16-2010, 12:15 AM   #1
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SIDEMARK: operating an electric scooter while suspended.

Guelph, Canada — Electric-powered bicycles are considered bicycles in most places around the world…as long as they meet certain specifications. If they can go faster than a certain speed, they are no longer considered e-bikes but rather scooters, for example. So how do you find what you need to know regarding e-bikes. Well, ask the shop where you’re buying it, of course, but also check your local government website to see what the rules are, just to doublecheck. In Guelph, for example, even though you don’t need a driver’s licence to ride a battery-operated bike, if you’ve lost your licence due to a Criminal Code infraction such as impaired driving, you are not allowed to ride them.

“If you operate an e-bike after losing your license, you can be charged with driving while disqualified,” Guelph Police Sgt. Doug Pflug pointed out. “It’s a bit confusing because the law says you don’t need a license to operate one.”

In Gueph, ebikes are those that operate on a battery not exceeding 500 watts or by pedal power and can’t go faster than 32 kilometers per hour. You can be as young as 16 to operate them and need to wear only a bicycle helmet. Ministry of Transportation spokesperson Emna Dhahak said the Criminal Code considers e-bikes a motorized vehicle, while the Highway Traffic Act considers them a bicycle. Therefore, if you lose your license due to Highway Traffic Act violations, you are still allowed to operate an e-bike. But a Criminal Code infraction means you can’t operate one.

WHAT ARE E-BIKES? (In Guelph)

- powered by electric motor not exceeding 500 watts
- maximum speed of 32 kilometres per-hour
- does not require insurance or driver’s licence
- operators must be at least 16-years-old
- must wear a bicycle helmet
- must have pedals that are operable

This is confusing.
if you lose your license due to Highway Traffic Act violations, you are still allowed to operate an e-bike. But a Criminal Code infraction means you can’t operate one.

2002 ICBC PRESS: http://www.e-ride.ca/Electric_Vehicl...%20Release.pdf



TRANSPORT CANADA REGULATIONS ON E BIKES/SCOOTER:

POWER ASSISTED BICYCLE REQUIREMENTS

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Transport Canada’s web site: www.tc.gc.ca
Motor Vehicle Safety Regulations, Section 1-2.1 Short Title and Interpretation link:
http://www.tc.gc.ca/acts-regulations.../mvsr1-21.html

"power-assisted bicycle definition" means a vehicle that:

(a) has steering handlebars and is equipped with pedals,

(b) is designed to travel on not more than three wheels in contact with the ground,

(c) is capable of being propelled by muscular power,

(d) has an electric motor only, which has the following characteristics, namely:

(i) it has a continuous power output rating, measured at the shaft of the motor, of 500 W or less,

(ii) if it is engaged by the use of muscular power, power assistance immediately ceases when the muscular power ceases,

(iii) if it is engaged by the use of an accelerator controller, power assistance immediately ceases when the brakes are applied, and

(iv) it is incapable of providing further assistance when the bicycle attains a speed of 32 km/h on level ground,

(e) 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 in this subsection, and

(f) has one of the following safety features,

(i) 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

(ii) a mechanism that prevents the motor from being engaged before the bicycle attains a speed of 3 km/h








Personally that I lost my DL for 18 months and another charger for driving again. I found this E-Bike is really helpful that you do not need a DL or any insurance to operate one. I am looking to purchase one because I need them for work and get around town. What am I facing if I operate an Electric Bike. All these articles and press released by ICBC, Transport Canada Regulations. It is confusing to me. I had been in jail for operating a car and I don't want to drive again because I will end up with more JAIL time. Please help me with all these confutation!!

Definitions:
#
Motor vehicle
For the purposes of vehicle registration, a motor vehicle means a vehicle, not run on rails, that is designed to be self-propelled or propelled by electric power obtained from overhead trolley wires, but does not include a motor assisted cycle. A motor vehicle has an engine, frame and body, and is recognizable as a car, truck, bus, or motorcycle.
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Last edited by izzy99; 06-16-2010 at 12:46 AM.
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Old 06-16-2010, 06:05 AM   #2
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What section/act were you prohibited from driving under?
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Old 06-16-2010, 08:13 AM   #3
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im not allow to operate a motor vehicle. MVA SECTION 102
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Old 06-16-2010, 01:13 PM   #4
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Guy just got busted in Campbell River last week.,...he was prohibited from driving, had an open beer and refused to provide a breath sample. He was driving a John Deer ride-on lawn tractor down Hwy 19a. It is considered to be a "motor vehicle". He is considered a slow learner who just doesn't get it. BTW...the local Members DID impound his lawnmower for 30 days too!!!!!
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Old 06-16-2010, 03:00 PM   #5
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Originally Posted by zulutango View Post
Guy just got busted in Campbell River last week.,...he was prohibited from driving, had an open beer and refused to provide a breath sample. He was driving a John Deer ride-on lawn tractor down Hwy 19a. It is considered to be a "motor vehicle". He is considered a slow learner who just doesn't get it. BTW...the local Members DID impound his lawnmower for 30 days too!!!!!
that's a gas motor. I think we are not on the same page here. This thread is about Electric scooter that requires no DL, insurance. I once asked a judge before, anything with a MOTOR. It is part of MVA but I am not sure about electric.
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Old 06-16-2010, 03:49 PM   #6
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I fully realized that but was just illustrating what trouble people can get themselves into when they drink and drive.
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Old 06-16-2010, 04:39 PM   #7
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It might help to know under what section a person would be charged if they are drunk on an e-bike/bicycle?
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Old 06-16-2010, 09:37 PM   #8
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"motor vehicle" means a vehicle, not run on rails, that is designed to be self propelled or propelled by electric power obtained from overhead trolley wires, but does not include a motor assisted cycle;

"motor assisted cycle" means a device

(a) to which pedals or hand cranks are attached that will allow for the cycle to be propelled by human power,

(b) on which a person may ride,

(c) to which is attached a motor of a prescribed type that has an output not exceeding the prescribed output, and

(d) that meets the other criteria prescribed under section 182.1 (3);

Motor assisted cycles

182.1 (1) A person who is under the age of 16 years commits an offence if that person operates a motor assisted cycle on a highway.

(2) A parent or guardian of a person under the age of 16 years commits an offence if the parent or guardian authorizes or knowingly permits the person to operate a motor assisted cycle on a highway.

(3) The Insurance Corporation of British Columbia may make regulations respecting motor assisted cycles including, without limitation, regulations prescribing

(a) the criteria that must be met by a device in order for it to qualify as a motor assisted cycle for the purposes of this Act,

(b) the requirements that must be met in relation to operators of, and equipment attached to, motor assisted cycles, and

(c) restrictions on what may be attached to or carried on a motor assisted cycle.

Motor Assisted Cycle Regulation

I see quite a few of these running around with the pedals removed and no plates and insurance. If the pedals are gone or the interlock is defeated, it it a motorcycle, not a motor assisted cycle.

If it is not a motor assisted cycle you can be charged for driving it while prohibited when you are using a public or industrial road.
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Old 06-16-2010, 10:25 PM   #9
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....as well as receiving tickets for No Insurance, [likely] not wearing a motorcycle safety helmet (Sec 221 MVA), etc
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Old 06-16-2010, 10:49 PM   #10
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Quote:
Originally Posted by skidmark View Post
"motor vehicle" means a vehicle, not run on rails, that is designed to be self propelled or propelled by electric power obtained from overhead trolley wires, but does not include a motor assisted cycle;

"motor assisted cycle" means a device

(a) to which pedals or hand cranks are attached that will allow for the cycle to be propelled by human power,

(b) on which a person may ride,

(c) to which is attached a motor of a prescribed type that has an output not exceeding the prescribed output, and

(d) that meets the other criteria prescribed under section 182.1 (3);

Motor assisted cycles

182.1 (1) A person who is under the age of 16 years commits an offence if that person operates a motor assisted cycle on a highway.

(2) A parent or guardian of a person under the age of 16 years commits an offence if the parent or guardian authorizes or knowingly permits the person to operate a motor assisted cycle on a highway.

(3) The Insurance Corporation of British Columbia may make regulations respecting motor assisted cycles including, without limitation, regulations prescribing

(a) the criteria that must be met by a device in order for it to qualify as a motor assisted cycle for the purposes of this Act,

(b) the requirements that must be met in relation to operators of, and equipment attached to, motor assisted cycles, and

(c) restrictions on what may be attached to or carried on a motor assisted cycle.

Motor Assisted Cycle Regulation

I see quite a few of these running around with the pedals removed and no plates and insurance. If the pedals are gone or the interlock is defeated, it it a motorcycle, not a motor assisted cycle.

If it is not a motor assisted cycle you can be charged for driving it while prohibited when you are using a public or industrial road.
so my best choice is have the paddle on but I still can ride it? what icbc said is you do not need insurance and driver license. This is really confusing.
and yes they all followed these regulations.

Is there anything that I need to know if I do not land myself into trouble and more jail time. I'm trying to stay out of trouble. SIDEMARK, you're my best answer to all these regulations.

Last edited by izzy99; 06-16-2010 at 11:04 PM.
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Old 06-16-2010, 11:00 PM   #11
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....as well as receiving tickets for No Insurance, [likely] not wearing a motorcycle safety helmet (Sec 221 MVA), etc
why receiving tickets for no insurance and e bikes are required just to wear a normal bike helmet. e bikes requires no insurance and driver license.

ICBC press released.

“As long as you are over 16 and wear a bicycle helmet, you can operate a MAC without
registration, vehicle licensing, a driver’s license, vehicle insurance, and without costly
equipment or modifications,” says ICBC’s Dennis Ostler, manager of regulated vehicle
programs.

full article:

Restrictions on motor assisted cycles now reduced
As of June 21, 2002, it is legal for people in B.C. who are 16 years of age or older to use
small electric motors on their bicycles to assist with pedaling, due to recent Motor
Vehicle Act changes enacted by the B.C. government.
These changes mean that as long as a motor assisted cycle (MAC) meets certain criteria,
it may be used without having to meet the vehicle and driver requirements that are
intended for motorcyclists.
“As long as you are over 16 and wear a bicycle helmet, you can operate a MAC without
registration, vehicle licensing, a driver’s license, vehicle insurance, and without costly
equipment or modifications,” says ICBC’s Dennis Ostler, manager of regulated vehicle
programs.
Motor assisted cycles look like a regular bicycle, but have a small motor attached. The
motor is electric powered, rated at 500 watts or less, and is not capable of propelling the
cycle at a speed greater than 32 km/hr on level ground.
“The approval of electric motor-assisted bicycles creates another sustainable, lowemission
transportation choice for British Columbians,” said Water, Land and Air
Protection Minister Joyce Murray. “This will help improve local and regional air quality
and encourage alternative transportation, while also helping to reduce greenhouse gas
emissions.”
Cycling groups, municipal governments, law enforcement and other groups and
individuals have all supported the reduction in regulations that apply to MACs.
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Old 06-16-2010, 11:26 PM   #12
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Quote:
Originally Posted by izzy99 View Post
why receiving tickets for no insurance and e bikes are required just to wear a normal bike helmet. e bikes requires no insurance and driver license.
He was referring to Skidmarks comment on removing the pedals from an e-bike thus making it a Motorcycle and requiring insurance and "proper" MC safety helmet.
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Old 06-18-2010, 12:32 PM   #13
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Quote:
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so my best choice is have the paddle on but I still can ride it? what icbc said is you do not need insurance and driver license.
The motor is not supposed to run unless you are using the pedals. If you stop pedaling, the motor stops running. When you follow all the rules for it, you don't need license, insurance or a driver's license to ride one of these.
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Old 07-02-2010, 01:29 PM   #14
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When I bought mine and asked the rcmp, they said as long as I have the pedals, and the attachment arm fixed to the bicycle, I'm in the clear. This was also corroborated by the deale who sold me the bike. Can a member of the vpd confirm this?
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