The B.C. Provincial Court has found a Kelowna man guilty of driving without insurance because he was on a gas-powered bicycle — even though it was fitted with pedals — which means it’s a “limited speed motorcycle” under the eyes of the law.
In a decision this month, the court detailed how Alejandro Calderone was pulled over in 2013 by an officer who heard sounds coming from his powered-bicycle’s small gas engine and saw exhaust puffing out from the back.
Calderone’s powered cycle didn’t have lights, safety devices, a licence plate or brakes on each wheel — he also wasn’t carrying a valid driver’s licence.
The legal argument was about whether Calderone’s below-50 c.c. engine made his bicycle a motorbike instead.
But under B.C. law, any gas-powered bicycle is considered a motorcycle.
“Under that regulation, there must not be more than one motor for propulsion on the cycle, it must be an electric motor, it must have a continuous power output of not more than 500 watts and the motor must not be capable of propelling the motor-assisted cycle at a speed greater than 32 km/h on level ground,” said Justice Elizabeth Burgess in her decision.
Calderone was convicted of not having a driver’s licence and for not having insurance.
It’s an issue that has come up before. In 2013, North Vancouver RCMP issued a warning after receiving complaints of youth riding bikes with gas engines.
Limited-speed motorcycles — which Calderone’s was — had a maximum speed limit of 70 km/h on level ground and are often referred to as scooters.
They’re also required to have proper lights, turn signals, brakes, mirrors, licence plate and insurance.
