New Alberta Law

kyle said:

Hey guys,
I'v just completed my first bike, and am completely stoked to start riding it.
I have a question geard towards those of you who have had a decent a amount of on the road already. Has any one been pulled over yet? if so what exactly happend? did you get ticketed? did they take your bike? where they laughing when they walked up to you?(serously) I understand that it would totaly be dependent on how that paticular cop's day is going. I mean as long as your obeying the laws and operating it in a safe manner, do they even look twice when they pass? touch and go, I guess. The thing is with the law there is always a loophole somewhere. But as a class1 driver my licence is my livelyhood so unessary/ unwanted tickets from this could pose a problem.

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Kyle my man, at some point you simply MUST, are REQUIRED to by law to find out as much information pessoble when riding ANY motor vehicle on our roads here in canada, and I suspect it's the same in the US and other areas of the UK as well. You can not just claim to an officer that pulls you over for having a car plate on a truck in alberta or British coloumbia for example and say "Oh sorry officer but it's got a registered and up to date plate on it," and " Oh I didn't know you couldn't do that it's not my fault" this is ignorance. The officer will simply tell you the law says a car plate does not belong on a truck as they are classed different, and that it is UP to YOU the DRIVER of the motor vehicle to get your facts, information, and laws in order.

OK that said since there is a HUGE grey area regarding motored Bicycles, you must cover your A$$ cover your A$$ cover your A$$ as best you can and be able to show an officer at least you are not bing lazy and ignorrant of the law as a commuter on our public road ways.

I have contacted and have 3 SIGNED letters, 1 from the RCMP sergent in calgary, 1 from city hall, and 1 from another traffic area of city hall. They all state and agree that it does NOT I repeat NOT need to be licenced and they forsee no problem with riding these when equiped properly.

Now I have this information carried with me, I have names of the people in authority in calgary on the law, those who legislate it and those who enforce it, so If I ever get pulled over I can produce documentation of all our discussion, and all the replys and leters from these people. So I would say you have a GREEN light to ride. Be responsable and do you own leg work to be safe.

This is how these people in authority of our laws are interpreting it, and it does NOT gaurentee you will not egt a ticket. What it does do is show them that their superiors interpret the law accordingly, and might get me off with a warning or a caution and get me home safely. This is cheap insurance.

All this said Please please PLEASE don't be an A$$ and ride your Motored Bicycle without lights and proper equipment, I am a young guy and I like to be and look as cool as the next dude, but If I see you riding around Without a well riged Bicycle IE no lights ect I WILL Chase your a$$ down and stop you and get you off our roads so you don't screw it up for those of us riding responsible. DO your very best to appease The Police officers who have to try to figure this HUGE GREAY AREA out on the fly when they encounter you, and show them your doing your very best to keep safe and proper. Do all these things and I think we will have no issue in calgary at all, zip notta ziltch. Ride around doing 55 through school zones ect and they see these things doing these speeds, no helmet ect and your going to screw it up for all the rest of us period and of story.

If you like I can send you a copy of my letter from the RCMP desk sergent and his interpretation of the legislation, but don't EVER let me find it all over the internet brother.

Cheers,

FC.

I would like to also point out that even looking at our latest pice of legislature all 3 of my sources backing my motored bicycling riding in writing as noted may still not get me out of a ticket. However they all agree since it appears through their own research that it has been determined by their legal department that these simple can NOT be made legal according to motor vehicle proccess example: Getting a vin, serial numbers, then an insurance company that can actually insure it for Public roadway use and THAT is why they are backing me as a rider and have all cautioned me to ride acordingly to the law, keep the speeds a little slower than the legal limit, for eg: don't be doing 50 in a 50kmph zone as it's way to fast and will start getting attention drawn to us, wear a helmet, have lighting, horn ect ect ect. They all agree that because of the aformentioned it does present a legal loophole and therefore can sanction openly the use of these units with the best of their interpretation.

Be safe, be smart, and you will have no issue. I have been passed by a couple police on the road last summer with no trouble at all. The last time this happend in fall of last year the Police slowed to a crawl behind me followed me a little ways, pulled up beside me, rolled down their window and said "Cool" out the window and carried on with their routine catching real criminals.

I guess I am just trying to stress here, be responsable, because I rely on this way of commuting cheaply around my home area for shopping and doctors visits as I am disabled as far as walking musch if any distance goes, and also to just do your best to be carfull.

Happy riding this year!

Reviving an old topic.

I am sure I am not the only one confused about the legality of a bicycle with an engine kit.

Sent: Sunday, April 10, 2011 10:14 PM
To: PNR Web
Subject: Power-assisted bicycle



Sir/Ma'am



I am looking for clarity on Alberta's rule and regulation for power-assisted bicycles. More specifically a bicycle with a mounted gas powered motor.



I have read the available online documentation at Transport Canada, Power-Assisted Bicycles - Transport Canada , and the online documentation at the Government of Alberta Transportation website.



My understanding is that if I meet the standard requirements indicated for a Power Bicycle, http://www.transportation.alberta.ca/Content/docType45/Production/MopedPowerBikes.pdf , I abide the rules and regulations with my power assisted bicycle.



The bicycle has proper bicycle lighting and reflectors, I use a safety standard motorcycle helmet, I am an adult, and I do not exceed the speed of 32km an hour.



Is my assumption correct? I would like clarity on the Alberta rules and regulations on my bicycle.



Thank you in advance for any help.

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The reply;

RE: Power-assisted bicycleMonday, April 11, 2011 8:49 AM
From: "Powell, Micheline" <[email protected]>Add sender to ContactsTo:



Please contact the provincial Department of Transportation below or by email at [email protected]



In Alberta toll free 310-0000,
(from a cell phone
#310 on Telus, or
*310 on AT&T), then
780-427-2731

Outside of Alberta 780-427-2731
Monday-Friday 8:15 am - 4:30 pm.



Best regards,

~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~
Micheline Powell
Client Services Coordinator | Coordonatrice des services à la clientèle
Prairie and Northern Region | Région des Prairies et du Nord
Transport Canada | 344 Edmonton Street (RD), Winnipeg, Manitoba, R3C 0P6
Transports Canada | 344, rue Edmonton (RD), Winnipeg (Manitoba) R3C 0P6
Government of Canada | Gouvernement du Canada

( 204-983-3152 | 1-888-463-0521
7 204-983-2069

* [email protected]

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With the provided suggestion, I called the Department of Transportation. After navigating through the many various office connections, I finally spoke to an agent.

I asked him for what rules and regulations I must lawfully abide by with my motor assisted bicycle. He was quick to recommend that I must go through the process to register it as a moped. I reminded him that it was a bicycle. He went further into surfing the internet for Canada's defination of my bicycle in the Motor Vehicle Safety Act. He recited the descriptions given to manufactured electric bicycles. Confused he reviewed the definition of moped, he was even more confused. But, he went back to the safety default recommending that I go through the process of registering it as a moped. I reminded him that it is a bicycle. A bicycle that does not share moped parts. I further explained that bicycle parts are not rated for moped safety standards.

I thanked the gentleman for his time and adding to the confusion. He was speechless and confused, but wished me luck resolving this issue.

When time presents itself, I am going to visit my local RCMP centre. I will wait patiently in my Sunday's best attire and wait to speak to a knowledgeable officer.

I have exhausted what the internet can provide in Canada's identification on my bicycle.

I would like some clarity in the form of documentation, not what one feels about the subject.

I will post my findings in this topic to reduce the redundancy in this forum regarding Alberta's Transportation laws.

ogre_power said:

I would like some clarity in the form of documentation, not what one feels about the subject.

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Good luck with that...lol

I agree with Rockenstein.
Never mind your Sunday best, sharpen your best sword and throw yourself on it. Same end and less pain.

Steve.

Today I visited the RCMP division HQ and spoke to the duty commissionaire. I spoke to him regarding my bicycle which is assisted with an internal combustion engine. He informed me that they honestly do not care as long as it is less than 50cc. He provided me with the local city police transportation section number and the Alberta Sheriffs. He said either one of these law enforcement agencies may have something documented somewhere regarding the rules, regulations, and most importantly the laws governing my bicycle.

So, tomorrow I will visit these departments and see what they have to say. All I have learned so far from the national and federal level is that I have a bicycle.

I honestly want the bicycle more for the bicycle application. The engine assists my injuries to overcome obstacles and vast distances. This is why the build is important to me as a bicycle enthusiast with a physical handicap. The 4 stroke can climb a hill unlike my soldier knees.

The bad news is that you cannot put a gas motor on a bicycle in Canada legally.
Federal law says so.

Much debated and argued here and if you look at all the old threads in the archives you will find it.

Problem is you can be charged with being in control of an unlicenced, unregistered and uninsured motor vehicle.

Look up the I.C.B.C. web site and you will see that only an electric motor up to 500W is allowed on a bicycle. They spell out what is legal in Canada since they had a hand in drawing up the law. If you build your own, make sure that they supply you with the two stickers in French and English that the bike is legally converted. Without these stickers they can still fine you.

Steve.

“Power Assisted Bicycle” means a bicycle that,
- 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:
a) has a total continuous power output rating, measured at the shaft of each motor, of 500 watts or less,
b) if it is engaged by the use of muscular power, power assistance immediately ceases when the muscular power ceases,
c) if it is engaged by the use of an accelerator controller, power assistance immediately ceases when the brakes are applied, and
d) it is incapable of providing further assistance when the bicycle attains a speed of 32km/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 in this subsection, and
-has one of the following safety features:
a) 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
b) a mechanism that prevents the motor from being engaged before the bicycle attains a speed of 3km/h

Operators of a Power Assisted Bicycle must be over the age of 16 years and must wear a helmet as required by subsection 104(2.1) of the Act. Operators must follow the same rules of the road as they apply to an operator of a bicycle.

Looked back over the past threads and found this. It was written by a police department in Ontario but it is a quote of the Federal law governing motorized bicycles.
I'll look for more later.

Line (b) doesn't apply any more.

Steve.

Found this also. This is the answer to your question since it is from Alberta.
Hope it helps you with your quest

Steve.

http://motorbicycling.com/f17/attention-canadians-14421.html

Today I visited the local city police headquarters. I spoke to several officers regarding what rules, regulations, and laws my bicycle fall under. There was a small dispute that it was a moped. Until they researched their records and found that my bicycle does not fall under the definition of a moped or power-assisted bicycle. They said that as long as I follow normal traffic laws, operate a small cc engine, and keep the speed reasonable they have no problem. The officers then printed out for me a copy of their police definition of power-assisted bicycle and moped. One of the officers copied down my contact information because he would like to help me further. He will present the information to the crown prosecuter and discuss what terms the bicycle follows. His findings should be most useful and interesting.

I showed the officers a cell photo what my bicycle looks like. They thought it was pretty cool.

I will follow up with what the police officer relays to me.

fasteddy said:

The bad news is that you cannot put a gas motor on a bicycle in Canada legally.
Federal law says so.

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You really need to quit spewing that BS federal law line Steve! How many threads is it now that you have polluted with that crap? ...insanity it is that you keep getting away with it

ogre_power said:

Today I visited the RCMP division HQ and spoke to the duty commissionaire. I spoke to him regarding my bicycle which is assisted with an internal combustion engine. He informed me that they honestly do not care as long as it is less than 50cc. He provided me with the local city police transportation section number and the Alberta Sheriffs. He said either one of these law enforcement agencies may have something documented somewhere regarding the rules, regulations, and most importantly the laws governing my bicycle.

So, tomorrow I will visit these departments and see what they have to say. All I have learned so far from the national and federal level is that I have a bicycle.

I honestly want the bicycle more for the bicycle application. The engine assists my injuries to overcome obstacles and vast distances. This is why the build is important to me as a bicycle enthusiast with a physical handicap. The 4 stroke can climb a hill unlike my soldier knees.

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ogre_power said:

Today I visited the local city police headquarters. I spoke to several officers regarding what rules, regulations, and laws my bicycle fall under. There was a small dispute that it was a moped. Until they researched their records and found that my bicycle does not fall under the definition of a moped or power-assisted bicycle. They said that as long as I follow normal traffic laws, operate a small cc engine, and keep the speed reasonable they have no problem. The officers then printed out for me a copy of their police definition of power-assisted bicycle and moped. One of the officers copied down my contact information because he would like to help me further. He will present the information to the crown prosecuter and discuss what terms the bicycle follows. His findings should be most useful and interesting.

I showed the officers a cell photo what my bicycle looks like. They thought it was pretty cool.

I will follow up with what the police officer relays to me.

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It will be interesting to hear what the crown has to say on the topic...

But all in all good job ogre_power, your legwork could possibly be of great benefit to others in your province in the future

You back again? Great to hear from you. Funny how you gave it up when I posted the proof last time we did this.

Good now maybe you a can answer the question I asked last time and you so artfully dodged answering.

Just who are the Canadian Federal Laws governing the importation, manufacturing, sale and operation of motorized vehicles aimed at if not at the people of Canada?
Oh yes, you claim a bike with a motor on it isn't a motor vehicle. What a shame that the people who write the laws disagree with you but then again as I've mentioned compared to you what would they know.

Keep swinging. Sooner or later your bound to hit a home run.

Forgot. My gas powered bike is slowly coming together but it is a very involved build. Won't be done this summer but the next one for sure and I will be by to see you and go around London for a ride.
I'll go and retrieve a photo of it and be right back. Sit right there and plan you answer to the question.

Steve.

Well here it is.

http://motorbicycling.com/attachments/f44/34278d1300023135-indian-tadpole-screenshot299.jpg

More to show you.

Steve.

It will have this seat on the front instead of a trunk.

http://www.miracleofamericamuseum.org/exhibits/ironsteedsleatherbritches/full/indian tri car 2.jpg

Gathering parts as I said but it's slow going.

Hey, just a thought but I'm going to be in Toronto this summer. Could you get over your embarassment of being seen with a guy on an electric bike and we can meet for lunch and a ride?

Steve.

fasteddy said:

Funny how you gave it up when I posted the proof last time we did this.

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You post BS, it's been proven many times with regards to your federal law rant. The provinces can and do write their own laws about what can and can't be used on their roads. Do I need to post the examples again?

Stay out of the Canadian legal threads with your BS Steve

Post away old son. They still have to follow the federal guide lines. Federal Government makes the laws, provinces can only modify them to suit their own laws.
That's why you need a licence for a moped in Ontario and we don't in B.C.

Still no answer to my question???? I thought so.
I might add I'm very disappointed.

Steve.

Mr. Rockenstein and I have again had a kind request from a moderator to tone down the
retoric so I'm bowing out since we are on the same, well worn, slippery path that we have been down many times before.

Read our old posts and form your own opinions. I can only add that if your wrong the costs are large.
Of that I speak from experience.

As they prefer to say here,

Goodnight Gracey and goodnight Mr. Rockenstein where ever you are.

From
Steve.

Today, I visited the local city police centre. I inquired if there were any new findings regarding the motor-assisted bicycle. One of the senior officers on duty tonight happened to be one that was present for my last visit several days ago. He informed me that the other senior officer who is researching it further is off duty but will return later this week. The officer then emailed a reminder to the returning peer that I visited. Also, he included in the email message that he should also ask one of the officer traffic sergeants about the rules, regulations and whatever laws there may be regarding my bicycle.

I told the police staff that the winter will break soon and I anticpate riding my kit. I was encouraged to do so from everyone.

I must comment how cooperative and supportive the police agencies have been regarding this topic. Everyone has been both resourceful and supportive of my hobby.

After when I visit the senior police officer who volunteered to do further research for me, I will post his findings. The information most definately will assist Albertans to indentify what they have and what guidlines to follow.

The information I may provide should only be used lightly. I encourage Albertans and any other enthusiast to pursue the right information as I have. From the proper authority and not third party sources.

I visited my assisting officer today at the city police headquarters. He did speak to the crown prosecutor and traffic sergeant about my motor-assisted bicycle. The legal concensous from everyone is that I have a bicycle.

The officer reminded me then of my responsibility of a bicycle operator. I have to keep the speed reasonable. Also follow the rules, regulations and laws for my bicycle.

He proceeded to write down his contact information with notes of what his legal resources are to justifiy that I have the right to operate my motor-assisted bicycle. If any other law enforcement wish to prosecute me for something other than a bicycle, they may contact him for advice and legal description of what I have.

The paper work I have gathered from my research and legal networking will serve me. I recommend everyone else who reside in Alberta to do what I did. And be sure to see if their town/city by-laws permit the operation of motor-assisted bicycles.

I intend on being responsible on the road. I will abide the traffic laws and be a courteous operator. I do not want our hobby to get a bad image on the streets like motor-cross hooligans or Mad Max nomad motorcycle sexual predators. If I see some one abusing their priveledge as a motor-assisted bicycle operator, I will brow beat them and wag a disaproving finger.

Everyone have a fun and safe ride this season. Remember, health is everything.