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Ontario Canada, MTO info


Discussion at Motorized Bicycle Engine Kit Forum in the Laws and Legislation forum. realistically, how much of a fine can someone get for riding a 49cc motorized bike without rear suspension, with proper ...
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  #21 (permalink)  
Old 06-29-2009, 08:46 PM
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Default Re: Ontario Canada, MTO info

realistically, how much of a fine can someone get for riding a 49cc motorized bike without rear suspension, with proper headlight,brake light,turn signal, while wearing a helmet, obeying all laws of the road, and in possession of m1 licence?

how much trouble can one get for say, riding on a park path or sidewalk with the motor off?

Last edited by Mike Hunt : 06-29-2009 at 08:53 PM.
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Old 06-29-2009, 09:47 PM
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Default Re: Ontario Canada, MTO info

Quote:
Originally Posted by Mike Hunt View Post
realistically, how much of a fine can someone get for riding a 49cc motorized bike without rear suspension, with proper headlight,brake light,turn signal, while wearing a helmet, obeying all laws of the road, and in possession of m1 licence?

how much trouble can one get for say, riding on a park path or sidewalk with the motor off?
The attached screen grab of some info posted on the MTO's website might help answer some of your questions Mike.

Most cities have their own bylaws with regards to what can or cannot be used on public pathways. In Toronto certain groups are pushing for a no e bikes on the bike paths rule...go figure. In my city bicycles and e bikes are allowed on the multi use pathways but you must keep your speed at 20k or less. So far I have not seen any radar traps while using them to get around on my un modified bicycle. I do not use the multi use paths with my modded bike, I stick to the road and the bike lanes minding my manners and speed at all times. I basically ride as I would on an un modified bicycle with the added bonus of being able to go further and maintain speeds that I can only achieve in short bursts with my un modified bicycle. My modded bike will happily run all day long at 30-35k...that's just perfect for the commuting I do. I shake my head at the e bikes that zoom by me at 40+ though...it's like I thought you guys were limited to 32k ?? And regular cyclists that blow stop signs, red lights or force pedestrians off the sidewalks...wtf? Not once have I seen a cyclist get ticketed...society and the enforcement of the laws is certainly strange sometimes isn't it...lol
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Old 06-29-2009, 11:37 PM
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Default Re: Ontario Canada, MTO info

i have a 48cc and i have plenty of power and can hit 35mph.
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Old 06-29-2009, 11:46 PM
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Default Re: Ontario Canada, MTO info

they make a 48cc 2-stroke that has no gear reduction and has a cent clutch.
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Old 06-30-2009, 12:22 AM
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Default Re: Ontario Canada, MTO info

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Originally Posted by Cabinfever1977 View Post
i have a 48cc and i have plenty of power and can hit 35mph.

That's 56.3 kilometers per hour...on a bicycle! Well outside my safe zone to say the least...
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Old 06-30-2009, 08:44 AM
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Default Re: Ontario Canada, MTO info

New and Alternative Vehicles



Quote:
if you ride you will get a ticket for riding an un-registered, un-licensed, un-insured vehicle.

A bicycle that's been modified with one of the popular frame mounted gasoline engine kits on the market in Canada is far from being a moped or motorcycle as per how the MTO or even the federal government describes one and given that how can you be convicted on things that relate to the illegal or improper operation of a motorcycle, moped or whatever else?

Answer - mine is a friction kit, no clutch. it meet the MTO definition perfectly. i have a moped i built. if it has a clutch, it is a motorcycle by definition. it is either a moped or motorcyle. you would register yours as a motorcycle, home-made, clutch gearbox. you would be charged for ridig a motorcycle unregistered, uninsured, no license, no motorcycle license. understand?

It's pretty easy to see and prove that a bicycle that has been modified to use any of the frame mounted gasoline engine kits available in Canada through Zoom Bicycles, Tsunami Bike, Kijiji venders ect is not the same as a factory built moped.
Answer - that is why it is home-made. you ca buy harley kits and they are classed home-made, and hard to insure.

About all we have in common with a factory built moped is pedals!
Answer - that is why it is a moped.

Also when was the last time you seen a motorcycle or motor scooter with pedals and 26" wheels? Fact is we have a reduction gearbox, a hand operated clutch, more than 49cc, 26" wheels, no rear suspension and clearly no moped comes close in function or resemblance. One must also consider that a modified bicycle was originally manufactured and sold as a bicycle, the addition of a gasoline engine kit does not change the fact that it's still a bicycle.
Answer- the addition of the motor makes it either a moped or motorcycle. it is no longer a bicycle as it has a gas motor. if you add an electric hub, then it is an e-bike. has to have under 500 watt motor or you get charged.


I mean if you remove the engine kit what is it? A bicycle?
Answer - yes, the motor is removed, you are correct it is a bicycle. a motorcycle does not have peddles, do not try to confuse the item.


If you remove the engine from a moped or motorcycle does the MTO and HTA still not define it as a moped or motorcycle?
Answer - yes it would be a bicycle as no gas motor

Yes for the purpose of the HTA and the criminal code of Canada a bicycle modified with the addition of a frame mounted gasoline engine kit would be considered a motor vehicle but it is a motor vehicle for which there is currently no definition or classification.
Answer- there clearly is a definition. either a moped or motocyle. since there is a definition and class, you need to register and insure.


No definition or classification makes registering it, insuring it and whatever else not readily available and if none of those things are readily available how have you broken any laws? Being issued a ticket or summons implies that you have broken the law and it's up to the crown and the police to prove that you have indeed broken the law, any lawyer will tell you this. Many hours of research and consultation with the MTO have proven that there are no laws in Ontario for or against the use of a bicycle that has been modified with the addition of the frame mounted gasoline engine kits that are readily available to the Canadian public from the Canadian sources I mentioned. If you have information that says otherwise please post it so others can read it and interpret it.

Answer- everything you just said is negated bythe fact there is a definition and class.
I talked to MTO special inquiry unit and the enforcement unit. both said i have a moped friction drive, no clutch.


Quote:
the 80cc bikes from BC are illegal in ontario, as are the other chinese 80/66cc bikes
it has to be stamped under 49cc

Hogwash, there are no laws on the books in Ontario that say such things...if you have info that says otherwise please post it!

Answer- a moped by definition is under 50cc, it is a low speed moped. over 50cc it is a high speed moped capable of over 50kmh but under 70kmh. if it goes over 70 then it is a motorcycle.



Quote:
when you get insurance you have to tell them it is a "home-made" moped.
have fun finding an insurer.
so far no one will insure that i can find.

I've said it before and I'll say it again if you want to operate a moped, motor scooter or a motorcycle in Ontario your better off to buy one as opposed to trying to build one at home...you'll save yourself a big bunch of headaches.

Answer - then you agree that it is a moped friction drive. why did you agree saying it was not, then now , state that it is a moped.


Quote:
i am currently registering and insuring mine.

Trying to register a bicycle that's been modified with one of the frame mounted gasoline engine kits with the MTO as a home built moped is a scam waiting to be uncovered that's likely to land you in a heap of trouble! You can't change the fact that you have a hand operated clutch and a reduction gearbox

Answer - no, i do not have a gearbox nor a clutch, it is a friction drive kit.

stamping an engine "49cc" that was sold to you as an 80cc is an act of fraud. Ever notice that when you file paper work with the MTO your signature swears that all information provided is truthfull? They have some fairly severe penalties if they find out you have provided them with untruthful information.

Answer - mine is 33cc, stamped on motor, there is no fraud.

i am 42 years old, how old r u?
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  #27 (permalink)  
Old 06-30-2009, 10:34 AM
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Default Re: Ontario Canada, MTO info

FYI - I called the ministry yesterday and tried to explain. The rep I got told me it would fall under "Limited speed Motorcycle". I looked at the definition. The picture they have looks more like a scooter...I donnu. Im worried about them trying to plant us with tickets for no license, no insurance, etc. That could get costly.
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  #28 (permalink)  
Old 06-30-2009, 11:30 AM
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Default Re: Ontario Canada, MTO info

yes, call MTO special inquiry unit Phone: 416-246-7103

they will confirm that is will be moped for friction kit (no clutch or gearbox), limited speed motorcycle for under 50cc clutch/gear setup, or motorcycle for over 50cc size. the chinese kits sold on ebay make your bicycle a motorcycle
need regstration, insurance class, M license, indicator lights, brake lights, motorcycle helmet, e-test, road worthiness test to transport canada standings, and lastly a VIN number.

if you ride on the street, you will get charged with - no vehicle registration, no insurance, no lights, no drivers license class M, no helmet, no plate on vehicle, an unroad worthy vehicle on the road.

you will be looking at jail time, a criminal record, huge fines, likely a ban on driving you car if you have one, likely be deemed uninsurable to your rates will be over ten thousand a year for high risk

my insurance broker can't find a company that will insure my kit installed. second, i need a class M license and my rates will be for a new motorcycle driver, 3k per year. even tho i have had a car and truck insured for 25 years with the same company, no accidents, no tickets, nothing.

enjoy, give the above number a call, they will give you the official response.
tell MTO that you put an 80cc gas motor, clutch and gearbox on your bicycle, they will confirm that is a motorcycle.

do youwant a criminal record?
it will stay with you forever, effects employment.

at my job, i would be fired for these offenses as i could not drive a company vehicle anymore. then who would hire an uninsurable driver?
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Old 07-01-2009, 05:54 PM
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Default ontario laws

i called the mto line and they said i could not register the bike, but also said it is not legal on the road. the lady explained that it would similiar fines/charges etc to riding a dirtbike on a city street.
she went on to say that you can buy 50 or 80cc mini-bikes and they can't be registered for on-road use. she
like al said, unlicensed vehicle, operating a vehicle on a roadway without proper insurance. as faras the police are concerned you would be fined and ticketed.

you can't plead ignorance and say 'oh it is not a moped or motorcycle', it is gas powered vehicle on a roadway.

Last edited by fairracing31 : 07-01-2009 at 06:39 PM.
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Old 07-01-2009, 06:37 PM
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Default Re: ontario laws

Quote:
i called the mto line and they said i could not register the bike
Correct, because it does NOT fall within any of their know existing categories. They have no where to put it.

Quote:
but also said it is not legal on the road
Correct, it is NOT legal for the road. Listen to how they speak to you and the language and words they use. NOT LEGAL FOR THE ROAD does not necessarily mean ILLEGAL. Not legal and illegal mean two seperate things. She never said its ILLEGAL, if she did, she either doesnt know what she's talking about, and or doesnt understand legal speak, or was acting negligently. She is an agent of the ministry and is acting in a lawfull capacity, she should not be giving you dissinformation as her position requires her to excersise due care and due service to the public.

I've had lengthy conversations inside MTO offices, and most ppl there dont understand the nature of their employment. How can you work for the MTO if you dont know the law? They call their supervisor who calls head office in Kingston and the smartest person there finally gives us all CORRECT information. 12 people in an office and no one knows whats they're doing? Sounds suspicious to me.

Quote:
the lady explained that it would similiar fines/charges etc to riding a dirtbike on a city street
It all depends whos doing what with what, and what they say. Each circumstance is unique. She simply gave braod and vauge umbrella generalizations. She did this because she ASSUMES you want TO COMPLY.
Quote:
she went on to say that you can buy 50 or 80cc mini-bikes and they can't be registered for on-road use
Correct, cant be because they dont fit into the peg holes the Ministry calls categories.

Quote:
she
like al said, unlicensed vehicle, operating a vehicle on a roadway without proper insurance
Could be, might not be, it all depends on what your thing is and what you say and dont say. Its true, it is unlicensed because they wont let you register it. Hence no such animal exists. Ditto for insurnce.

Quote:
as faras the police are concerned you would be fined and ticketed
Correct, as far as they are concerned, but as far as lawyers and the courts are concerned might mean something else. Which cops? All cops? Some cops? Not all cops, I guaranteee it.
Ex: I am associated with some OPP and TPS LEO's. And as far as they are concerned, some, not all, but some of these contraptions are unenforceable. Which cops you ask.
1. Niagara regional OPP
2. Ottawa OPP and municipal police
3. TPS (Toronto police services)
4. My younger brother who is in law enforcement
5. Hamilton Wentworth police (as ppl have said b4 when they got stopped by them, they say "wear a helmet, obey rules of the road, stay under 50Kms, no on ewill bother you")
list goers on

So exactly which police *consider* what? And why does every police detachment have a different consideration? Someone somewhere is being untruthfull. Cant both be right. A consideration is mere speculation and not law.

Quote:
you can't plead ignorance and say 'oh it is not a moped or motorcycle', it is gas powered vehicle on a roadway
Correct for the most part. You can, but you'd be foolish to. Especially using those words you chose to use. You call it a *gas powered vehicle* and you just issued you yourself a PON (ticket).


Like I keep saying, if you dont know what your doing, dont do it, consult an attourney. Learn the law, know the law, live the law, love the law.

Last edited by fairracing31 : 07-01-2009 at 06:40 PM.
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