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Ontario Canada, MTO info


Discussion at Motorized Bicycle Engine Kit Forum in the Laws and Legislation forum. I'm surprised to see this thread still going. I live in Ontario and had my bike thrown in the ...
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  #41 (permalink)  
Old 07-02-2009, 04:55 PM
Motorized Bicycle Elite Member
 
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Location: Ontario
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Default Re: Ontario Canada, MTO info

I'm surprised to see this thread still going. I live in Ontario and had my bike thrown in the back of a cop car, never to be seen again. I was charged with Drive while Disqualified as well as No insurance and was given a total of $1350 in fines after the Crown lowered the charges to "Drive without Licence" for pleading guilty. If it has a motor-it is a "motor vehicle". There is no "grey zone".
If it has a gas motor you need everything that goes with driving a "motor Vehicle". Period.
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  #42 (permalink)  
Old 07-02-2009, 05:27 PM
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Default Re: Ontario Canada, MTO info

Rockenstein -

Quote:
RELEASE: September 21, 2007
Riding a Motorized Bike on a Public Roadway

TIPS:

- If you are in possession of a motorized bike in which you cannot obtain a licence plate registered with the Ministry of Transportation of Ontario then it is NOT ALLOWED on any public roadway.

you answered your own question above - " they are talking about bikes with a gas motor kit installed"



you can't obtain a licence plate for an 80cc china girl,

therefore "not allowed" on any public roadway.

Rcokenstein - "You can't be so vague when it comes to law, all laws are very specific for good reason...judges and the public don't like vague"

The law is actually very specific, no licence plate, not allowed, period.

Does you chinal girl 80cc have a plate?
no, then not allowed.
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Last edited by KW rider : 07-02-2009 at 05:30 PM. Reason: typo
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  #43 (permalink)  
Old 07-02-2009, 07:00 PM
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Default Re: Ontario Canada, MTO info

This is so frustrating...I can read the laws of our land and logically interpret them as they are written. I feel sad for those that cannot or those buy into the propaganda they are fed because it is these people that get abused and hung out to dry by the powers that be...examples of this are in Canadian news stories every now and then.

toytime you swallowed the bait and jumped into the net in accepting a plea deal but did you ever ponder why they would even offer you a deal if the case against you was solid? It saddens me to hear that they stole your bike and forced you to pay them money...school yard bullying at it's finest.


Quote:
If it has a gas motor you need everything that goes with driving a "motor Vehicle". Period.
You should have included electric motors in that statement too because if you have a bicycle with an electric motor kit installed it will not fit into one of the MTO's peg holes...no electric motor kit currently on the market does. Do we see these electrified folks getting abused though? Sometimes but for unknown reasons they most certainly are not as much of a target as we are.


Cheers guys...I'm going out for a ride
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  #44 (permalink)  
Old 07-03-2009, 01:32 AM
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Location: Toronto, Ontario
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Default Re: Ontario Canada, MTO info

Quote:
Originally Posted by Rockenstein View Post
This is so frustrating...I can read the laws of our land and logically interpret them as they are written. I feel sad for those that cannot or those buy into the propaganda they are fed because it is these people that get abused and hung out to dry by the powers that be...examples of this are in Canadian news stories every now and then.

toytime you swallowed the bait and jumped into the net in accepting a plea deal but did you ever ponder why they would even offer you a deal if the case against you was solid? It saddens me to hear that they stole your bike and forced you to pay them money...school yard bullying at it's finest.
.
what would you have done in his situation to reduce or eliminate such a large ticket?
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  #45 (permalink)  
Old 07-03-2009, 02:19 AM
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Default Re: Ontario Canada, MTO info

POPS does not tell us what these 8 people were riding, nor does POPS say what they were charged with. Just because someone is charged with something, doesnt mean they are GUILTY. Thousands of people CHRAGED with something are found NOT GUILTY every day in court. Being CHARGED does not equal being GUILTY.

Quote:
Did you catch it?????
No gas powered bicycles!!!!
Whats a gas powered bicycle? Ive seen motor-assisted bicycle, and Ive seen power-assisted bicycle, but nothing called gas powered bicycles. Why do people allways speak so generally and use slang rather than real language. Are you just learning legalise? Looks like it.

See, heres the problem. When I speak here in this forum about the law, I speak in legal ways, (Rockenstien uses similar language as me and the authority types) I am speaking as BASIC as is humanly possible. With a couple exceptions, you all seem mentally incapable of understanding the basic language, no wonder then when more than just basic legalise is in your enviornment, you get charged and found guilty. You have absoloutly NO idea what you are doing or what you are talking about. In short, you are choosing to remain ignorant of the law by doing so. Consult a lawyer. Cant afford one, then stay off the road, your not qualified to be on it or to even talk to a lawyer, stay at home, go to school, and do as everyone tells you to do.
Me and Rock keep explaining it to you over and over and over again and you just cant seem to grasp the most simplest of concepts. That is a damn shame. There was a nrews report very recently that said 51% of Canadians believe that we directly vote to pick our Prime Minister. 51% of Canadian dont know the law, the votin gprocess, or politics, so Im not surprised, I AM SCARRED for you and for me and for the future.

I said CRIMINAL LAWYERS that are out there, for vehicularly related charges usually charge a flat fee, this flat fee at its most is 5k, and in those cases your looking at vehicular assault and really serious things. Lawyers that practice traffic law, even for the new serious charges of street racing 50Km over, seize you car for 7 days charges only ask a fee of $1,500.00 at the most. Parallegals (who by law now need to be licensed) charge less than half that. So to defend something small in the HTA is a few hundred at most.

Can I ask a question here, is the average age of the members 14 years old? If your past high school, then you should have learned basic law as its a requirement in order to get a high school diploma.
Im getting bored of trying to teach people who are incapable of learning, who insist on using non existant language and or incorrect language. Put down your PSP's and pick up a book.
Those BC people who got busted might not have known what they were talking about, and didnt know what they were doing, and absoloutly didnt know the law. THATS why they got busted.

Quote:
seems like there is no 'grey' area at all
Correct, there is also no such thing as "a loop hole", and no such thing as "a technicality", and no such thing as "grey area". Those are laymen terms for those who dont understand the legal language.

Quote:
all the posts above about 'go ahead and ride', then fight them in the courts, just got blown out of the water.
For the record, I have NEVER EVER told anyone, or even suggested that anyone "go ahead and ride" NEVER. If you know what your doing (and most here dont) you wont even need to go sooooo far as to court. If you need to be defended in court, then that should be the proof that suggest that you have no idea what your doing on the road. And if you dont know what your doing on the road, then ya, maybe, just maybe you deserve to be in court.

Quote:
In Ontario where they are all illegal, dude, you wil be charged.
You sound very shure, so now prove that statement as true

Ahrg, one last time with the dirt bike. If it meets all "motorcycle" and safty equipment, IS registered as a "motorcycle" and IS plated, and IS insured, then YES, it IS a "motorcycle" and no longer a dirt bike as there is NO MTO/legal definition/category for a dirt bike/motorcross. Someone meantioned dirtbike from a lady of the MTO and I clarified it. You quote me and then ask for answers when the answer is in the very thing you quoted. Shows that you fail to understand basic principals of law.
If its indeed a "motorcycle" than thats what you tell the cop, if its not, then dont call it that as you may put yourself in trouble. Once again, each and every single roadside stop is unique. No one single simple answer. Learn the law. If a cop says something that is incorrect, then by all mean correct them.

Quote:
We are discussing 80cc china girls on regular bikes, with no paperwork, plates, insurance, class M license , OK?
They are not legal
Mostly correct there, mostly because your legal terminology is incorrect. They are indeed LEGAL, they are NOT LAWFULL. Legal and lawfull are different animals with different meanings and different characteristics. Learn them, and learn the law.

TOYTIME, in your case, you pleaded guilty, they are not going to try and prove your INNOCENCE (not their job, its yours), esp after you pleaded to GUILTY, wheather you plead down or not. Crown Procecutors offer people plea bargains because it guaranttes them, the courts, the province a 100%conviction of something. ROCK might be correct, why did theyeven bother to offer you a plea bargain? Could it mean that they had little to no evidence against you, but saw you were easy prey? It very well could have. This is normal practise for prosecutors, offer a deal to guarantee 100% conviction on something rather then lose on a more serious higher charge. If you didnt make the deal, you just might have got off scott free, they dont want that. If you dont believe me, make a free call to a traffic defender and ask these ver words "Hi traffic defender, is it true its normal proctise for prosecutors to offer deals to get 100% conviction on something rather than risk losing on the original charge?".

TOYTIME, did you defend yourself in court?

If you want, send me a transcrip copy (you can remove anything in it that identifies you if you like) from the courts about your case. I will review it for free, I may also show it to some lawyers I know to get their take on it. Problem is, you pleaded guilty, so its difficult to appeal, but not impossible. If you plead not guilty and were still convicted, you could appeal based on new evidence and information not available to you at the time (if you had a lawyer, they might not have had your best interests). Again, each and every single case is unique. If you sucessfully appeal, the courts will quash (legal term for erase) your record pertaining to that specific conviction. That would mena that your insurance rates would return to near previous premiums, and your driving record would return to the point previous to the charge.

I make the same offer to everyone whos been convicted riding a bicycle powered otherwise than by muscles, send me court transcrips and I'll review them at no charge. I might find something that could prove your innocence.

Quote:
you can't obtain a licence plate for an 80cc china girl,
therefore "not allowed" on any public roadway.
Not completely true. You can't obtain a license plate for inline skates/skate board/kick scooter, or bicycle either. So does that mean "not allowed" on any public roadway,

Quote:
The law is actually very specific, no licence plate, not allowed, period.
Please show us EXACTLY where its says that ("no licence plate, not allowed, period"), Ive never seen it written anywhere. And yes the law is quite specific, problem is that most here dont understand the specifics. If no plates means not allowed, how are skateboards and bicycles allowed. Your missing a very key element.

I suggest everyone here take an evening school or online course for understanding law.

Quote:
what would you have done in his situation to reduce or eliminate such a large ticket?
It all depends on the particulars, get me all pertinent details and court transcripts and I'll tell you what I might have done.
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  #46 (permalink)  
Old 07-03-2009, 02:34 AM
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Default Re: Ontario Canada, MTO info

All these "authority" types try to get you to comply with something so that they then have power over you. If you change your ride to comply with something and actually register it as such, then YES, they have authority over you. The law only has authority over things it regulates and governs. If it doesnt regulate something, then it has NO authority, further, if the law has no authority, then a LEO (law enforcement officer) cannot claim authority over you and your ride from a non-existant law. Ex, the law doesnt regulate the length of you fingernails, and therefore has no authority, meaning a cop cant charge you for having too long or short fingernails. The Canadian Constitution/ the Charter/ and the Provincial Offences Act explisitly state that if an officer is NOT acting according to the law and from authorisation granted to them by the law, they are to be treated as any other person. If a cop (constable on patrol) is not acting under any known real law, then they have no real power. Further, if a cop is trying to enforce non existant real laws, they themselves might actually be in violation of other laws and may face charges. You cannot violate the law to try to enforce non existant laws (meaning a cops opinion). Cops often say "cops are imune from civil and criminal persecution". Not true, as a cop, they have LIMITED imunity from persecution. But as a person who is in the employ of being a cop, they are wide open to being charged and sued. I hear all the time about cops under investigation, being charged, convicted, and sucessfully sued. Dont let them intimidate you.
Take a gander
TheStar.com | Ontario | Police officer charged with street racing Police officer charged with street racing
Now specifically thats not true, the cop wasnt charged, but the PERSON acting as a cop was charged. The law clearly states that if an officer is not acting in accordance of the law, they are to be treated just like every other person. So if a cop does a royal screw up, the person they are (not the cop they are) can get nailed.
Another Officer faces drunk driving charges Officer faces drunk driving charges Again, not really the officer, but rather the PERSON is charged, because they arnt acting as a bonafied cop at the time.

A biggie TheStar.com | GTA | OPP officer charged with breach of trust OPP officer charged with breach of trust Again, the PERSON, not hte COP was charged. Night and day differnece, cop's on duty but not acting under any known authority, therefore the charges.

In Ontario, provincial, municipal, and city cops (but not RCMP) are governed by the POLICE SERVICES ACT. Read it. RCMP are governed by the R.C.M.P. ACT.

Just a quick lil crash course on common missused words being posted and their correct usage

1. Legal, this means its perfectly OK, means that the law has written something about it and says its ok.
2. Not Legal. Means that there is absoloutly nothing written about it, and therefore not governed or regulated. The length of your fingernail (whatever they are) are NOT LEGAL, because there is no law written for or agaist the length of nails.
3. Illegal, means something is written about it and that says charges are available under the Act/Statute/Code to be layed. Does NOT mean STRICTLY FORBIDDEN
4. Non-Legal means nothing is available, means unregulated, ungoverned.
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  #47 (permalink)  
Old 07-03-2009, 09:18 AM
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Default Re: Ontario Canada, MTO info

"you can't obtain a licence plate for an 80cc china girl,
therefore "not allowed" on any public roadway."

Wanderer compares to "inline skates/skate board/kick scooter, or bicycle"
WOW- ?almost the same? -WOW
80cc gas motor versus skateboard. are you kidding?

Electric bicycles are covered by the MTO laws.
Up to 500 watt allowed, even from a kit.
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  #48 (permalink)  
Old 07-03-2009, 11:07 AM
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Join Date: Jun 2009
Location: ontario
Posts: 17
Default Re: Ontario Canada, MTO info

3. Illegal, means something is written about it and that says charges are available under the Act/Statute/Code to be layed

When a person condones an "illegal" act, and further advises to get a good lawyer ...
(insert your own opinion of said person)
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  #49 (permalink)  
Old 07-03-2009, 03:31 PM
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Location: Ontario, Canada
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Default Re: Ontario Canada, MTO info

Quote:
Originally Posted by KW rider View Post
"you can't obtain a licence plate for an 80cc china girl,
therefore "not allowed" on any public roadway."

Wanderer compares to "inline skates/skate board/kick scooter, or bicycle"
WOW- ?almost the same? -WOW
80cc gas motor versus skateboard. are you kidding?

Electric bicycles are covered by the MTO laws.
Up to 500 watt allowed, even from a kit.
If you put a motor on your old skateboard does it now need to reg'd, plated and insured? Motor kits for skateboards are available just like they are for bicycles. You can also buy these things called MotoSk8...roller blades with a motor attached, would you need to register, plate and insure them?

lol...the blades look quite cool actually...a claimed top speed of 25mph! I'd hurt myself on those I'm sure

KW you are wrong in thinking a 500w electric motor kit is good to go. Legal power assisted bicycles in Ontario must comply with Canada's MVSR and bear a permanently affixed label from the manufacturer that states in both official languages it does comply.

Here's a link to the HTA, please read it from start to finish...it will take you some time but it's a worthwhile read.

Highway Traffic Act, R.S.O. 1990, c. H.8

A link to the Canada motor vehicle safety act.

Motor Vehicle Safety Act

Just in case you miss it at the above link here's the link to the MVSR.

Motor Vehicle Safety Regulations
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Last edited by Rockenstein : 07-03-2009 at 09:32 PM. Reason: Corrected wording and terminology
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  #50 (permalink)  
Old 07-03-2009, 05:25 PM
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Default Re: Ontario Canada, MTO info

If you want to learn about the law in BC just go to ICBC and follow the links.

There is NOOOOO gray zone. It's all in black and white!


All the guy's that got busted here were on Happy Times.


No Lic., Ins.,Plate, Illegal Thing on the road...ETC. Etc...POPS


All of them lost their bikes and were convicted as if you READ


the ICBC rules there is NO defence!!!!

Last edited by POPS : 07-03-2009 at 09:03 PM. Reason: Add Info
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