Canada...legal or illegal?

GoldenMotor.com

peter carswell

New Member
Nov 18, 2009
24
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Hamilton Ontario
Well legal or not i have seen a surge in the popularity of these bikes in hamilton everyday i am seaing more and more people riding them as i do to get around i also have an electric bike myself but it does not compare to the pleasure i get riding my gas bike hopefully soon the gas bikes will be rated the same as an electric bike
 

Pedal4Glory

New Member
Aug 31, 2010
2
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0
Ontario
I'm sorry to hear about your mess midnight_rider. Please keep us posted, I for one am not driving my motor assisted bicycle this year because I heard about the changes making them "mopeds", and didn't want to be stopped by cops ($5000 no insurance too much for my blood). There is no practical reason why e-bikes (power assisted bicycle) should be the only assisted bikes to be considered as bicycles, nothing makes an electric motor safer than an internal combustion motor. Oh an aside: an electric bike is also illegal if homemade, they need to be "manufactured". So all the electric kits are also illegal.

:-||


Hey, there is an election coming up. Bet the politician who wants a job will be willing to do something...dance1
 

Rockenstein

New Member
Feb 8, 2009
442
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0
Ontario, Canada
I'm sorry to hear about your mess midnight_rider. Please keep us posted, I for one am not driving my motor assisted bicycle this year because I heard about the changes making them "mopeds", and didn't want to be stopped by cops ($5000 no insurance too much for my blood). There is no practical reason why e-bikes (power assisted bicycle) should be the only assisted bikes to be considered as bicycles, nothing makes an electric motor safer than an internal combustion motor. Oh an aside: an electric bike is also illegal if homemade, they need to be "manufactured". So all the electric kits are also illegal.
There has been no legislative changes made in Ontario recently that say a bicycle that has been modified or customized with the addition of a gas engine or an electric motor is to be considered a motor assisted bicycle, power assisted bicycle, moped, motorcycle, limited speed motorcycle, etc etc.

Check out the Legislative Assembly Of Ontario website from time to time, it helps you keep up with what's going on in our province :)
 
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Donjin

New Member
Jun 13, 2011
2
0
0
Nova Scotia, Canada
I know this post was some time ago but I can tell you that in Nova Scotia, Canada I contacted the DMV directly and as long as the bike meets certain wheel diameter, weight and height requirements and you can move it without the help of the motor then it is considered a motor assist bicycle. In fact we have a 49cc, an electric 500W and I ride a 50cc suicide stick (motorized dirt board) around all the time. Even with the board, as long as I can push it with my foot it is legal. The DMV even went as far to say that the law doesn't specify how far you have to be able to push it so if you can move forward 12" under foot power you're covered.
The short and skinny is that sure you'll get the occasional prick cop that wants to make up his own rules and the occasional judge that wants to invent his own laws. All you need to do is respectfully stand up to them and go to court. Call a press conference on the front steps of the court house or speak with the officers CO. I caused a cop to end up walking a ticket beat for an entire summer because he thought it be fun to harass me. He was wrong. Regardless of what a cop or a judge says, the law is the law and a wrongfully issued ticket is a wrongfully issued ticket. Don’t get mad about it ... get smart. Take your story to the newspapers, local news, etc. Provide them with the facts and copies of the laws and regulations and have them harass the cop or judge as to why they are breaking the law to harass people that aren’t breaking the law.
In fact my neighbours are both town cops and they see me come and go all the time with my bike and board. They never say a word other than to say hello.
 

kzbesner

New Member
Jul 26, 2010
34
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0
Ottawa Ontario
do you happen to have any print outs of the laws with you?
or do you have the links?

here in outer ottawa, i will be doing most of my riding on 80kph+ roads but there are a good deal of cops out here.

thank you for the advice
 

rjs467

New Member
Feb 5, 2012
12
0
0
Windsor, Ontario
I live in Windsor, Ontario. I built my 66 cc motor bike in Nov 2011. Waiting for the warm 2012 months to arrive, I couldn't help but hunt and find this great motorbicycling.com site. In Oct 2011, as I waited for the arrival of this bike motor, I emailed my city police and asked what the new requirements to ride this vehicle would be. Answers were.......If over 49(50) cc in power, the bike is no longer a motor assisted vehicle. Both a license and auto insurance are now mandatory, I was told. But OPPs in Essex told me that I have nothing to worry about. Just drive my bike like a concerned adult. OPPs in Tecumseh town, the same they told me. What should I do? I just built my bike, and never before rode one of these motor bikes. Take chances? xct2
 
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midnight_rider

New Member
Aug 2, 2010
83
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62
Cambridge Ontario
I live in Windsor, Ontario. I built my 66 cc motor bike in Nov 2011. Waiting for the warm 2012 months to arrive, I couldn't help but hunt and find this great motorbicycling.com site. In Oct 2011, as I waited for the arrival of this bike motor, I emailed my city police and asked what the new requirements to ride this vehicle would be. Answers were.......If over 49(50) cc in power, the bike is no longer a motor assisted vehicle. Both a license and auto insurance are now mandatory, I was told. But OPPs in Essex told me that I have nothing to worry about. Just drive my bike like a concerned adult. OPPs in Tecumseh town, the same they told me. What should I do? I just built my bike, and never before rode one of these motor bikes. Take chances? xct2
I dont know about that, before I got pulled over i was told by O.P.P that they didnt see a problem with it and they thought it was cool , I passed by lots of police cars and foot patrols and bicycle cops and wasnt ever bothered... it only takes one to rain on your parade and when i went to court , the court did in fact tell me that motorized bicycles are in fact illegal , I still have mine but I`m afraid to ride it :-||
 

cheasit

New Member
Feb 24, 2012
1
0
0
ottawa
First post!

Anyway I have ridden an 80cc bicycle for the past year and have found that police don't care, especially when i'm on a bike path. I got a look when passing by a police car on a crosswalk (motor running but moving at like 5kph) but have otherwise gone completely unnoticed. I like bike paths because there is very little danger of getting caught and also almost no traffic. I keep under 20kph (using the gps on my phone or guessing) and with a good muffler people rarely care about it. All in all i would say that it is illegal but tolerated in ottawa.
 

The_Aleman

Active Member
Jul 31, 2008
2,653
4
38
el People's Republik de Kalifornistan
It all comes down to whether cops in your area care or not. For every guy who has problems with the popos, there's at least 2 or 3 who never have issues. We all have probably seen - a bored cop is one of the worst kind. A bored vindictive bike-hating cop with a chip on his shoulder and you in his crosshairs is perhaps the worst of all!

I've been riding these since '06, and I've been lucky, I guess. I'm known in my family for having really bad luck with cops, and I've spent 2 years of my life in total behind bars, all for wrong place/wrong time things. Cops tend to leave me alone on bicycles, and that said I don't ride too much like a chucklehead, either. I'm almost always pedaling and I generally keep my speed appropriate for the area.

If your local PD doesn't have you in their crosshairs, all you have to do is ride at a reasonable speed, stay off sidewalks and left side of the street, wear a helmet and a bright jacket or vest. People tend to take you a little more serious on a bicycle when you're sporting reflective/highly visible gear. Keep pedaling and run those lights!
 

fasteddy

Well-Known Member
Feb 13, 2009
7,440
4,877
113
British Columbia Canada
After arguing this 5 ways to center all I have to say anymore is, if you want to ride and ignore what has been presented then that is your right.

Let us know if anything goes wrong so we can be warned.

Steve.
 

killercanuck

New Member
Dec 17, 2009
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Wallaceburg ON

Rockenstein

New Member
Feb 8, 2009
442
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Ontario, Canada
Good find killercanuck (^)

Thought I'd post and quote the whole story just in case the link goes dead as it's good info for the Canadian folks that visit this forum.

Think I mentioned before in my posts about the "due diligence" logic but anyway the same thing applies here in Ontario, Quebec plus all the other provinces and territories of our land should you need to defend yourself in court.



Judge orders tickets tossed out for motorized bicycle


By Kim Bolan, -Vancouver Sun March 16, 2012



When Shawn Gordon Ryan took his motorized Schwinn bicycle for an evening ride near Courtenay last summer, he believed he was in full compliance with the law.

But Ryan was stopped by an RCMP officer in Royston and ticketed for driving a motor vehicle without a licence and without any insurance.

The problem? Ryan's pedal bike had a gas motor instead of the electric "motor assisted cycles" exempted under the Motor Vehicle Act.

Provincial Court Judicial Justice Hunter Gordon ruled Tuesday the tickets given to Ryan should be tossed because he had mistakenly believed the bike was the type permitted under B.C. road rules. And he had taken steps to check out what those rules are.

"From the evidence in the case I find that Mr. Ryan has established due diligence. He asked those who reasonably might be expected to know, including police officers, if he was operating a motor assisted cycle. They advised him it was a motor assisted cycle," Gordon said.

"To be fair, others who also would be knowledgeable had advised him it was not. This is a grey area of law and even in the administration of the provisions, it is not surprising that he received conflicting advice. Both he and his mother had researched the matter fairly extensively. They mistakenly put too much reliance on what might be acceptable federally under its standards than what is required under provincial law. I find Mr. Ryan made reasonable efforts to learn what this vehicle was or was not. He was mistaken and that mistake led him to believe he was a bicyclist and not a motorcyclist."


Gordon noted that Ryan, then 45, was riding "on a bucolic section of highway 19A in Royston, south of Courtenay. At this time of day on July 19 it was still daylight."

RCMP Staff Sgt. Andrew Isles was driving northbound on the same highway in an unmarked police car about 7: 30 p.m.

"He spotted what he described as a gentleman, about his age (Mr. Ryan was then 45), pedalling a motor assisted bicycle southbound along the shoulder of the highway at a 'higher rate of speed than someone who was pedalling a bicycle' and he did not 'see any leg movements, indicating that the person was not pedalling their bike,'" Gordon said in his ruling. "When he stopped the gentleman, Staff Sgt. Isles could see that the bicycle was a Schwinn Mountain Series bicycle that had a gas motor conversion added to it."

At a hearing in Courtenay last December, Ryan told Gordon about the bike modification - that "he had added to the stock Schwinn 21 gear pedal bicycle a 49 cc gas motor that he had bought over the Internet."

"From pictures of the bicycle entered in evidence, in addition to the drive chain to the rear hub from the sprockets on the shaft of the pedal on the right side of the bicycle, there is a chain drive from a small gas motor attached to the inside of the frame to the rear wheel hub on the left side of the bicycle," Gordon said.

Ryan testified that his bike can't go more than 32 kilometres an hour even with the motor assisting.

Gordon said even though the bike was actually a motor vehicle under the Motor Vehicle Act, "it is the kind of vehicle that could not be insured, even if Mr. Ryan had wanted to. He did inquire and was advised that it could not be insured."

© Copyright (c.) Postmedia News
 

The WANDERER

New Member
Jun 30, 2009
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0
G.T.A.
I dont know about that, before I got pulled over i was told by O.P.P that they didnt see a problem with it and they thought it was cool , I passed by lots of police cars and foot patrols and bicycle cops and wasnt ever bothered... it only takes one to rain on your parade and when i went to court , the court did in fact tell me that motorized bicycles are in fact illegal , I still have mine but I`m afraid to ride it :-||
Fear does not allow your mind to function completely rationally because you allow negative emotions to over-ride logic. You took a plea and could have walked away victorious. Much information was posted in these forums to aid you but you ignored it.

Please Please PLEASE, show me / us (in writting if at all possible) where "the court did in fact tell me that motorized bicycles are in fact illegal " I would love to see the court transcripts of your case and will be shown to be a fool if indeed the courts said what you claim they said "are in fact illegal" AND equally as important is what definition the courts were going by and what they believed they were dealing with, not what you think they knew was before them - meaning - did they go by LSM, Moped, Motor-assisted-bicycle, modified bicycle with a ICE, Power-assisted-bicycle (E-Bike), motorized bicycle, other. Did they know exactly what contraption it is you were using, if so, how did they know? Show me that.

And just so ya know, a court transcript looks like what I'm about to post below.





fasteddy the fear monger troll is still lurking the forums I see

good work killercanuck and Rockenstein

here's my contribution [in two parts due to the length of it]


Citation: R. v. Ryan
Date: 20120313
2012 BCPC 0067
File No: AH62158277
Registry: Courtenay

IN THE PROVINCIAL COURT OF BRITISH COLUMBIA
REGINA
v.
Shawn Gordon RYAN
REASONS FOR JUDGMENT
OF
JUDICIAL JUSTICE H.W. GORDON

Appearing for the Crown: S / Sgt Andrew F. Isles
Appearing in person: Shawn G. Ryan
Place of Hearing: Courtenay, B.C.
Date of Hearing: December 2, 2011
Date of Judgment: March 13, 2012

Introduction

[1] The Disputant, Shawn Ryan, was ticketed in Royston under the Motor Vehicle Act, RSBC 1996 c. 313, on July 19, 2011 with two counts: driving a motor vehicle on a highway without a driver’s licence, contrary to section 24(1) of the Act and, driving a motor vehicle on a highway when the vehicle was not insured under a motor vehicle liability policy, contrary to section 24(3)(b) of the Act.
[2] The vehicle was, in common parlance, a motor assisted pedal bicycle.
[3] However, the Motor Vehicle Act defines the term “motor assisted cycle” and is more restricted by definition than the meaning in common parlance.
[4] This bicycle would appear to have met all of the requirements of a motor assisted cycle but for one significant criteria: it had a gas powered engine rather than an electric engine.
Legislation
[5] The relevant provisions of the Motor Vehicle Act and Regulations are:

Motor Vehicle Act

Definitions

1 In this Act:
"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 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 mobile equipment or a motor assisted cycle;
"motorcycle" means a motor vehicle that runs on 2 or 3 wheels and has a saddle or seat for the driver to sit astride;
"vehicle" means a device in, on or by which a person or thing is or may be transported or drawn on a highway, but does not include a device designed to be moved by human power, a device used exclusively on stationary rails or tracks, mobile equipment or a motor assisted cycle;

Offences

24 (1) Except when accompanied by a person authorized by the Insurance Corporation of British Columbia to examine persons as to their ability to drive and operate motor vehicles, a person must not drive or operate a motor vehicle on a highway unless, in addition to any licence or permit which he or she is otherwise required to hold under this Act, the person holds a subsisting driver's licence issued to him or her under this Act of a class appropriate to the category of motor vehicle driven or operated by him or her.
(2) A person who contravenes subsection (1) commits an offence.
(3) A person must not drive or operate a motor vehicle or trailer on a highway unless
(a) the person is insured under a valid and subsisting driver's certificate, and
(b) the motor vehicle and the trailer, if any, are insured under a valid and subsisting motor vehicle liability policy evidenced by an owner's certificate.

(5) A person who contravenes subsection (3) commits an offence and is liable on conviction
(b) if the contravention is under subsection (3) (b), to a fine of not less than $300 and not more than $2 000 or to imprisonment for not less than 7 days and not more than 6 months, or to both.
Equipment of motor vehicles

219 (1) A person must not drive or operate a motor vehicle or trailer on a highway or rent a motor vehicle or trailer unless it is equipped in all respects in compliance with this Act and the regulations

Motor Vehicle Act Regulations

Interpretation

1 In these regulations, unless the context otherwise requires
"limited speed motorcycle" means a motorcycle that
(a) is equipped with a motor having
(i) a piston displacement of not more than 50 cc, or
(ii) a power source that produces a maximum of 1.5 kW,
(b) has a power drive system that does not require clutching or shifting by the operator after the drive system is engaged,
(c) has a maximum attainable speed on level ground, with or without pedals, of 70 km/hr,
(d) has a maximum weight of 95 kg excluding fuel or batteries used to store energy for vehicle propulsion, and
(e) has wheels of a diameter of 254 mm or more;
 

The WANDERER

New Member
Jun 30, 2009
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G.T.A.
Continued:


(e) has wheels of a diameter of 254 mm or more;

Facts

[6] The location of the alleged offences was on a bucolic section of highway 19A in Royston, south of Courtenay. At this time of day on July 19 it was still daylight.
[7] Staff Sgt Isles was driving northbound on highway 19A in an unmarked police vehicle at 7:30 in the evening, when he spotted what he described as a gentleman, about his age (Mr. Ryan was then 45), pedaling a motor assisted bicycle southbound along the shoulder of the highway at a “higher rate of speed than someone who was pedaling a bicycle” and he did not “see any leg movements, indicating that the person was not pedaling their bike”. This occurred on the shoulder of the northbound side of the highway.
[8] When he stopped the gentleman, S/Sgt Isles could see that the bicycle was a Schwinn Mountain Series bicycle that had a gas motor conversion added to it.
[9] From pictures of the bicycle entered in evidence, in addition to the drive chain to the rear hub from the sprockets on the shaft of the pedal on the right side of the bicycle, there is a chain drive from a small gas motor attached to the inside of the frame to the rear wheel hub on the left side of the bicycle.
[10] There is a small motor cycle type gas tank attached to the top of the frame and a wire-mesh basket attached behind the seat, resting on the rear mudguard.
[11] Mr. Ryan gave evidence that he had added to the stock Schwinn 21 gear pedal bicycle a 49 cc gas motor that he had bought over the internet.
[12] The bicycle was equipped with a left side mirror, a front and back light, front disc brakes and rear caliper brakes. It was not equipped with signal lights.
[13] Mr. Ryan says he cannot achieve more than 20 mph [32 k/h] with the motor assist.
[14] I find on the evidence that Mr. Ryan was operating this bicycle using the gas motor. He testified that he had crossed from the southbound side to the northbound side of the highway in order to cross the Trent River bridge using the sidewalk, which was only on the side bordering the northbound lane. It is uncontested that this bicycle was uninsured under the Insurance (Vehicle) Act and that Mr. Ryan was not licensed to drive a vehicle under the Motor Vehicle Act.
[15] I also find this bicycle is a motor vehicle by definition. It is not a motor assisted cycle [which is not a motor vehicle, nor even a vehicle, by definition]. But it is the kind of vehicle that could not be insured, even if Mr. Ryan had wanted to. He did inquire and was advised that it could not be insured.

Analysis and Decision

[16] One issue is whether on these facts, Mr. Ryan can be guilty of operating a motor vehicle on a highway without motor vehicle insurance.
[17] It strikes me that the prime purpose of section 24(3) of the Act is to require everyone who is operating a potentially harmful or lethal apparatus on a highway [those places where others of the public are also likely to be found] to have insurance to compensate those who might be injured by their actions. In British Columbia the basic insurance can only be provided by the Provincial Government through its Crown Corporation, ICBC.
[18] The Legislature has chosen not to impose that requirement of insurance on those operating a bicycle, even a bicycle powered by a low powered electric engine. But the very same bicycle powered by a low powered gasoline engine cannot be operated on a highway. It has made a bright-line decision to differentiate the two. Because this gas powered bicycle cannot be equipped in all respects in compliance with the Motor Vehicle Act and Regulations [s. 219(1)], it cannot be insured for operation on a highway.
[19] If a motor vehicle, which cannot be insured because it does not meet the statutory standards to do so, is operated on a highway, can the driver be convicted of operating that motor vehicle on a highway without insurance. In my view, the driver cannot. I conclude that that provision was not intended by the Legislature to apply to that factual circumstance.
[20] There are likely other offences which apply [section 219(1) is surely one of them] and of which the driver is guilty, but not this offence.
[21] To use an analogy, it is the same as charging a driver for crossing a double solid line, or driving in the wrong lane of travel, when the vehicle slides out of its lane of travel on ice or snow. There maybe grounds for charging the driver for driving at a speed excessive for the conditions, but not for either of those two offences.
[22] I acquit Mr. Ryan of operating a motor vehicle contrary to section 24(3)(b).
[23] Does the same or similar principle apply to driving such a vehicle without a driver’s licence? In my view, it does not. The purpose of requiring the operator of a vehicle to have a driver’s licence is to ensure that every such operator has the required skill sets to operate that type of vehicle. Hence the different classes of licence required for different types of vehicles, and restrictions within a class.
[24] Because this motorized bicycle is by definition a motor vehicle, the operator is required to have a driver’s licence. Mr. Ryan was therefore required by law to have a driver’s licence when operating it on a highway, even though he was illegally doing so [section 219(1)].
[25] Although it was not argued, from the evidence in the case I find that Mr. Ryan has established due diligence. He asked those who reasonably might be expected to know, including police officers, if he was operating a motor assisted cycle. They advised him it was a motor assisted cycle. To be fair, others who also would be knowledgable had advised him it was not. This is a grey area of law and even in the administration of the provisions and it is not surprising that he received conflicting advice. Both he and his mother had researched the matter fairly extensively. They mistakenly put too much reliance on what might be acceptable federally under its standards than what is required under provincial law. I find Mr. Ryan made reasonable efforts to learn what this vehicle was or was not. He was mistaken and that mistake led him to believe he was a bicyclist and not a motorcyclist.
[26] For this reason I also acquit Mr. Ryan of operating a vehicle on a highway without an appropriate driver’s licence.

H. W. Gordon
Judicial Justice



Read, and re-read all that many times carefully, as important are the things not said, not brought up.
 

killercanuck

New Member
Dec 17, 2009
1,748
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Wallaceburg ON
Exactly, important things like whether or not we fall under the LSM(low speed motorvehicle), or moped distinction, as each have different requirements and governing rule sets for legality. Let alone the licensing qualifications, and there corresponding letters...

Are we to be classed with E-bikes limited to 25kph(or whatever), or Mopeds(requiring licensing)? I say LSM as we are 49cc(even if you have a 66, say it is a 49 to a LEO) Then again, the MTO will require a unique distinction for a "bolt-on-kit" therefore allowing us to at least register.

The MTO(or your provincial equivalent) isn't even allowed to register us. So insurance companies therefore cannot insure us. So what else can we do but follow due diligence and fight any charges accrued, therefore setting precedence for future "offenders". And in time hopefully altering the legislature in favor of our little machines.

All we can do is hope that we fall under the LSM qualifications eventually. Or create a new sub-section of LSM for HT kits at least then we'll know where we stand. And keep our local LEO's from pulling us over anytime they see us.

Until then, ride on! Fight on!

ps. Great posts Wanderer!
 
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