Ontario Canada, MTO info

Rockenstein · Feb 8, 2009

Im from Ontario and the cops up here dont bother us at all.There are laws that are very grey pertaining to motorized bikes

Motormac I too am from Ontario, London to be more specific, and since I've been doing much reading lately about our Ontario ebike pilot project I thought I'd share my take on the info posted at the MTO site pertaining to motorized bicycles. I don't know if you'd call it "grey" or not but I tend to think you could call it confusing in the event you need to offer up a defense in an Ontario provincial offenses court.

Motor-Assisted Bicycles (Mopeds)

Like limited-speed motorcycles, mopeds can be operated on roads in Ontario.

You will no longer be permitted to drive a moped on any driver's licence. New moped drivers will be required to take road tests.

A new, restricted class M licence for limited-speed motorcycle (LSM) and moped drivers was introduced on November 28, 2005. This new restricted class M licence has a condition that allows licence holders to drive limited-speed motorcycles and mopeds only.

A motor-assisted bicycle is a bicycle that:

* is fitted with pedals that are operable at all times to propel the bicycle;
* weighs not more than 55 kilograms;
* has no hand or foot operated clutch or gearbox driven by the motor and transferring power to the driven wheel;
* has a piston displacement of not more that 50 cubic centimetres; and,
* does not attain a speed greater than 50 km/hr on level ground within a distance of 2 km from a standing start.

To operate these vehicles on the roadway:

* driver must hold the new restricted class M licence for limited-speed motorcycles/mopeds (Class M2 with L restriction or M with L restriction or a valid motorcycle licence (Class M1, M2 or M);
* approved motorcycle helmet is required;
* vehicle must be insured and registered and have a valid licence plate;
* no passengers allowed;
* they must meet federal safety standards for a limited speed motorcycle;
* motor-assisted bicycles are not allowed to travel on 400 series highways.

I'll now quote the MTO's info about ebikes as well...

Power-Assisted/Electric Bicycles
Can be operated on roads in Ontario

Effective October 3, 2006, the Province of Ontario began a three-year pilot project to evaluate the use of power-assisted bicycles (also known as electric bikes or e-bikes) on roads and highways where conventional bicycles are currently allowed. The pilot is opened to all Ontarians 16 years of age and older and will run for three years. For the duration of the pilot, electric bicycles will be treated as bicycles and must follow the same rules of the road as set out in the Highway Traffic Act that currently apply to cyclists.

There are two exceptions:

* Operators must be 16 years of age or older, and
* All operators must wear an approved bicycle helmet at all times.

During the pilot:

* No driver's licence is required,
* No written test is required,
* No vehicle registration or plate required,
* No requirement for motor vehicle liability insurance.

An e-bike is a bike that:

* has steering handlebars and is equipped with pedals;
* is designed to be propelled primarily by muscular power and to travel on not more than three wheels;
* has a motor that has a power output rating of 500W or less. (Note: the motor is electric, and is incapable of propelling the cycle at speed of 32km/h or greater on level ground, without pedaling.)

The power-assisted bicycle pilot is authorized by Ontario Regulation 473/06. In this regulation, the legal definition of an e-bike refers to the federal definition of a power-assisted bicycle. For the full definition, please see subsection 2(1) of the Motor Vehicle Safety Regulations under the Motor Vehicle Safety Act.

I think the MTO thinks they pretty much got it all covered under the moped section and then with the insertion of the word e-bike, motor is electric etc etc into the other section.

BUT...

One could play dumb citizen in court and say that as they interpret the info posted on the MTO's website a regular pedal bicycle modified and fitted with a whatever cc gasoline engine by the owner could reasonably fall under the MTO's vague description of a power assisted bicycle which right now in Ontario is legal to operate. Also the MTO references the federal Motor Vehicle Safety Act and for the layman sifting through that act to find the federal definition of a power assisted bicycle and limited speed motorcycle is just nonsense...I've spent a couple hours and still can't figure what the federal definition of either is! That's not to mention that nowhere on the federal government site could I find any info pertaining to an owner modified pedal bicycle sooo...one could argue too that your not breaking the law if there is no law that clearly defines what it is that your accused of doing. Remember the group of artists that were on the CBC news a while back and driving this home built pedal car in downtown Toronto? Well they were pulled over by the police ..lol.. the police were up in arms about it because they really had no right to tell them to get it off the road as there are no laws regarding the use of a human powered car.

Anyway I'm hoping that after I get my bike built to never be in the position of having to play dumb Ontario citizen by covering things up really well with shrouds and touring bags and in general just keeping a low profile and steering clear of all white vehicles with light bars on the roof

Cheers...

toytime · Feb 8, 2009

The bottom line is that it is a "motor vehicle" because it is a motorized vehicle. Maybe there is a little confusion on the part of cops because of the new ebike laws or maybe they just can't be bothered.
I had a bike taken away from me because they have the right if you are a suspended driver. I deserved it though because I have a horrible driving record and that one cop knew it. I did drive for over a year, summer and winter without a problem. I even had a cop pull up beside me at a red light once and drove past the cop shop almost every day.
In the end I was fined $500 and lost the bike but if one were to look at it as a trade off or the "cost of business" , you are the only one that can decide. It's also very easy to pull the clutch in, kill the engine and peddle so that helps.
The odds are that you will have more fun riding that bike than you would ever believe possible , so go have some fun!!!!
Lindsay,ontario.

Rockenstein · Feb 8, 2009

To add to my original post...and I'm sure I'll add everything I can find that's relevant...this is what I can find in Ontario's Highway Traffic Act regarding bicycles that are powered by anything other than a human.

“motor assisted bicycle” means a bicycle,

(a) that is fitted with pedals that are operable at all times to propel the bicycle,

(b) that weighs not more than fifty-five kilograms,

( c) that has no hand or foot operated clutch or gearbox driven by the motor and transferring power to the driven wheel,

(d) that has an attached motor driven by electricity or having a piston displacement of not more than fifty cubic centimetres, and

(e) that does not have sufficient power to enable the bicycle to attain a speed greater than 50 kilometres per hour on level ground within a distance of 2 kilometres from a standing start; (“cyclomoteur”)

“motor vehicle” includes an automobile, motorcycle, motor assisted bicycle unless otherwise indicated in this Act, and any other vehicle propelled or driven otherwise than by muscular power, but does not include a street car, or other motor vehicles running only upon rails, or a motorized snow vehicle, traction engine, farm tractor, self-propelled implement of husbandry or road-building machine within the meaning of this Act; (“véhicule automobile”)

“motorcycle” means a self-propelled vehicle having a seat or saddle for the use of the driver and designed to travel on not more than three wheels in contact with the ground, and includes a motor scooter, but does not include a motor assisted bicycle; (“motocyclette”)

Ok so playing armchair lawyer here I'm going to say that a normal pedal bicycle equipped with any of the 49cc, or even an 80cc, engine kits that are available could not be considered a motor assisted bicycle as per the HTA's definition of such. Where I think one would be screwed is the part where it says "and any other vehicle propelled or driven otherwise than by muscular power" as this pretty much covers everything including wind power. Going back to the story about the people in a pedal car in downtown Toronto ..lol.. it was propelled and driven by muscular power and that's why the police where up in arms about what to do. So ok they pretty much got us cornered on the not powered by muscles part BUT lets just say that a police officer stops you and starts dishing out the tickets. What are his or her options with regards to the available infractions as per the HTA?

The big bad one would be operating a "motor vehicle" without insurance and yes it's bad... $5000 to $25,000 bad for the first conviction and $10,000 to $50,000 bad for the second! Now one defense for a no insurance charge, and the pocket bikers have successfully used this, is that you can't get insurance for your creation and given that a no insurance charge implies you could have but didn't I can see how a "not available to you" argument would be successful.

Other things they might ticket you for might be no number plates, no registration etc etc. Fines for those HTA infractions are small compared to the no insurance deal but again motor vehicle registration and number plates are not readily available to you because the government does not have a classification for your thing. So again likely in the eyes of a judge, if argued correctly and politely, it's unreasonable to hold you accountable for not having something that's not readily available to you in the first place.

toytime you mentioned that they took your bike and fined you 500... Was the fine an operate a motor vehicle while suspended fine? Either way that all must have really sucked, maybe consider an ebike to bomb around on because in Ontario right now even suspended drivers can operate one.

Rockenstein · Feb 13, 2009

Further searching has been fruitful as I've finally found the federal stuff that is referenced in this part of what's posted on the MTO's site....

"The power-assisted bicycle pilot is authorized by Ontario Regulation 473/06. In this regulation, the legal definition of an e-bike refers to the federal definition of a power-assisted bicycle. For the full definition, please see subsection 2(1) of the Motor Vehicle Safety Regulations under the Motor Vehicle Safety Act"

Here is the text of subsection 2(1) of the Motor Vehicle Safety Regulations

Vol. 135, No. 8 — April 11, 2001

Registration
SOR/2001-117 29 March, 2001

MOTOR VEHICLE SAFETY ACT

Regulations Amending the Motor Vehicle Safety Regulations (Power-assisted Bicycles)

P.C. 2001-483 29 March, 2001

Whereas, pursuant to subsection 11(3) of the Motor Vehicle Safety Act(see footnote a) a copy of the proposed Regulations Amending the Motor Vehicle Safety Regulations (Power-assisted Bicycles), substantially in the annexed form, was published in the Canada Gazette, Part I, on November 20, 1999, and a reasonable opportunity was thereby afforded to interested persons to make representations to the Minister of Transport with respect to the proposed Regulations;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 5(see footnote b) and subsection 11(1) of the Motor Vehicle Safety Act(see footnote c) hereby makes the annexed Regulations Amending the Motor Vehicle Safety Regulations (Power-assisted Bicycles).

REGULATIONS AMENDING THE MOTOR VEHICLE SAFETY REGULATIONS (POWER-ASSISTED BICYCLES)

AMENDMENTS

1. (1) The portion of the definition "motorcycle"(see footnote 1) in subsection 2(1) of the Motor Vehicle Safety Regulations(see footnote 2) before paragraph (a) is replaced by the following:

"motorcycle" means a vehicle, other than a power-assisted bicycle, a restricted-use motorcycle, a low-speed vehicle, a passenger car, a truck, a multipurpose passenger vehicle, a competition vehicle or a vehicle imported temporarily for special purposes, that:

(2) The portion of the definition "restricted-use motorcycle"(see footnote 3) in subsection 2(1) of the Regulations before paragraph (a) is replaced by the following:

"restricted-use motorcycle" means a vehicle, excluding a power-assisted bicycle, a competition vehicle and a vehicle imported temporarily for special purposes, but including an all-terrain vehicle designed primarily for recreational use, that:

(3) Subsection 2(1) of the Regulations is amended by adding the following in alphabetical order:

"power-assisted bicycle" means a vehicle that:

(a) has steering handlebars and is equipped with pedals,

(b) is designed to travel on not more than three wheels in contact with the ground,

(c ) is capable of being propelled by muscular power,

(d) has an electric motor only, which has the following characteristics, namely:
(i) it has a continuous power output rating, measured at the shaft of the motor, of 500 W or less,

(ii) if it is engaged by the use of muscular power, power assistance immediately ceases when the muscular power ceases,

(iii) if it is engaged by the use of an accelerator controller, power assistance immediately ceases when the brakes are applied, and

(iv) it is incapable of providing further assistance when the bicycle attains a speed of 32 km/h on level ground,

(e) 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

(f) has one of the following safety features,
(i) 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

(ii) a mechanism that prevents the motor from being engaged before the bicycle attains a speed of 3 km/h. (bicyclette assistée)

COMING INTO FORCE

2. These Regulations come into force on the day on which they are registered.

So in Ontario if your power assisted bicycle is in compliance with the above your good to go...if it's not then you may find this bit of text below interesting. The text below is a small part of the REGULATORY IMPACT ANALYSIS STATEMENT that's written below what I've quoted above.

The ICBC and Ford Motor Company raised questions regarding the use of power sources other than an electric motor. Ford pointed out that the proposed definition excluded solar-powered methods of propulsion and low-emission combustion engines. The ICBC wondered whether the amendment would allow the use of hybrid systems that combine an electric motor with a combustion engine. The final definition was clarified to eliminate all ambiguity. An important goal of this amendment is to provide a safe, viable, and non-polluting alternative to conventional means of transportation. This alternative means must also perform on a level comparable to that of the average cyclist using a conventional bicycle. A bicycle equipped with an electric motor meets these conditions. Bicycles equipped with a combustion engine are subject to the requirements governing limited-speed motorcycles or motorcycles. The Department will consider amending the definition when other pollution-free power sources become available, at which time it will analyze the impact of such new power sources on the safety of riders and the public.

If you want to read the whole federal government page that contains what I've just quoted above click here

If you want to view the full version of Ontario Regulation 473/06 (re: Power Assisted Bicycles) click here

Cheers...

Cam Gibb · Mar 25, 2009

It seems we in Ontario are limited to E-bikes only, without valid license. But for the convience, I may give it a try.

Sincerely,

Cam Gibb.

Rockenstein · Mar 25, 2009

Ontario is behind the other provinces with respect to alternative means of transportation and the only way to solve this is to lobby the government and pester your local MPP with pertinent info about the means of transportation you wish to use. This is what the E Bike community did to get E Bikes on the road legally a few years back.

Some good info to pass on to your local MPP up there in Thunder Bay might be that if a 12 year old can ride a bicycle with a 50cc or less gas motor attached in Alberta why the heck can't adults in Ontario do the same!

Ontario sometimes is like an over protective babysitter that makes you sit on the coach till your parents get home just so nothing bad will happen to you rotfl

toytime · Mar 25, 2009

Well said Rock. I've always thought that if it's fun, they make a law and if it moves, they tax it.

Rockenstein · Mar 25, 2009

And tax we got in Ontario...8% PST on just about everything! Geez in Alberta you can ride a 50cc powered bike at 12 and you don't pay PST on anything, and Ontario is said to be the wealthiest and most advanced of all the provinces?

I don't get it

Mike Hunt · Jun 21, 2009

has anyone here been able to successfully register their home built moped in ontario?

i'm building one right now and i gotta make the choice between spending my money on getting it legal or making it stealthy... im pretty sure it meets all the requirements except for the hand operated clutch, or am i s.o.l. here?

Cam Gibb · Jun 22, 2009

I asked about this and was told the smaller engine is legal. There's a limit of about 40cc size. The 80 cc is the preferred size for power and ability to do 30mph. But it needs to be marked as 33cc. Then you should be fine.

Mike Hunt · Jun 22, 2009

i thought the limit was 50cc, mine is 49cc.

where do you go to register it and what kind of documents do you need to have?

toytime · Jun 22, 2009

Mike, that info is so wrong. If it has a motor, it is a motorized vehicle. There is no grey area, period! Even that "under 50cc" thing is only in the States. Think about it, do you really think you could drive a 49cc mini bike down the streets because it's under 50cc? Trust me, I know. Only electric is allowed and even that may change due to those scooter style bikes that have peddles to stay within the laws. They say they really can't be peddled and are just 'bending the rules"
As for you asking about building a Moped and getting it plated, it's very possible if that is what you want to do. You would have to have all the bells and whistles that it takes to certify any motorcycle though. If you had a pal who would give you a "blind safety" (without looking at the bike) and registered as "home made" you may have better luck.
In the end, a $600 scooter would be more easy on both your wallet and your nerves, I think. Bottom line is that you Live in Toronto and you should know by now that anything fun is banned or taxed to death! That is the most anal city in the world

Mike Hunt · Jun 23, 2009

i got this from the ontario ministry of transportation website, if its wrong then where do i get the correct info?

Motor-Assisted Bicycles (Mopeds)

Like limited-speed motorcycles, mopeds can be operated on roads in Ontario.

You will no longer be permitted to drive a moped on any driver's licence. New moped drivers will be required to take road tests.

A new, restricted class M licence for limited-speed motorcycle (LSM) and moped drivers was introduced on November 28, 2005. This new restricted class M licence has a condition that allows licence holders to drive limited-speed motorcycles and mopeds only.

A motor-assisted bicycle is a bicycle that:

* is fitted with pedals that are operable at all times to propel the bicycle;
* weighs not more than 55 kilograms;
* has no hand or foot operated clutch or gearbox driven by the motor and transferring power to the driven wheel;
* has a piston displacement of not more that 50 cubic centimetres; and,
* does not attain a speed greater than 50 km/hr on level ground within a distance of 2 km from a standing start.

To operate these vehicles on the roadway:

* driver must hold the new restricted class M licence for limited-speed motorcycles/mopeds (Class M2 with L restriction or M with L restriction or a valid motorcycle licence (Class M1, M2 or M);
* approved motorcycle helmet is required;
* vehicle must be insured and registered and have a valid licence plate;
* no passengers allowed;
* they must meet federal safety standards for a limited speed motorcycle;
* motor-assisted bicycles are not allowed to travel on 400 series highways.

the bike im building meets all of these requirements except for hand operated clutch, does this mean i can't register it?

toytime · Jun 23, 2009

But you still have to fall under the ministries rules so I don't really get your point-sorry.
To build this bike you would have to say that it was built before 1998.

"if the motorcycle was manufactured on, or after, September 1, 1988, it must have affixed a compliance label required under the Federal Motor Vehicle Safety Act (Canada) that identifies the motor vehicle as a limited-speed motorcycle"
And then there is this:
"A limited-speed motorcycle must meet vehicle requirements as defined under the federal Motor Vehicle Safety Act (MVSA)."

Rockenstein · Jun 23, 2009

...and if it's a hard tail frame bike your likely SOL too.

Ever seen a moped or motorcycle in Ontario without rear shocks? There's a reason you don't see rigid frame mopeds or choppers on Ontario's roads, the guys that build custom motorcycles have been ranting about it for years. If you do manage to get the thing reg'd with the MTO your next hurdle will be insurance...

If you want a bonafied moped just go buy one...they are cheap these days! Lot's of them listed on Kijiji for less than a grand.

In Ontario it's not illegal to customize a bicycle that was manufactured as a bicycle with the addition of a motor...matter of fact there are no laws that make reference to such a creation. A moped was manufactured as a moped though, you can take the engine off and pedal it down the road but it's still a moped

Mike Hunt · Jun 23, 2009

well, thanks for advice, looks i'll be riding dirty this summer. wasn't there a thing on the news a while ago where a guy got ticketed something 700 bucks riding one of these... even if i was able to register and insure, it would still come out to cost a similar amount, might as well take my chances.

i think ill be alright though, ive got some stealthy routes planned out.

Rockenstein · Jun 24, 2009

Was it this guy? He made the Ontario wide headlines recently.

GuelphMercury.com - News - Man busted while riding hybrid bicycle

Was another guy down around Hamilton that made the news too not so long ago. I can't find the story anymore but anyway he suffered some pretty serious head injuries. He apparently wasn't wearing a helmet, crossed some railway tracks and went down...story went on about how he was riding a bicycle that was modified with a small gasoline engine, buyers beware and so on.

i think ill be alright though, ive got some stealthy routes planned out.

IMHO if your out on the road riding respectable, minding your speeds and in general just not being a hazard to yourself or the public you'll likely not be bothered much. Electric bicycle users in Ontario were in the same predicament as us up until 3 years ago...they rode respectfully, plead their case to the government and v'ola most ebikes are on the books in Ontario now. Alberta has laws on the books with regards to powered bicycles, I see no reason why the same can't be done in Ontario if we behave ourselves.

Mike Hunt · Jun 29, 2009

does anyone have any experience dealing with police while riding a motorized bicycle

Alanj · Jun 29, 2009

i am in ontario, so will share what i found from police, mto and insurance company.

the motor has to be under 49cc, registered as a home-made moped in ontario, and insured.
you also need a limited speed motor license- lsm, motorcycle helmet etc....

written test, then 90 days as class m1, minimum 22 months class m2, then you get a lsm license.

i am currently registering and insuring mine.

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

mega fines(+10,000-25,000), and you car insurance will sky-rocket for the infractions, PLUS lose huge demerit points.

possibly even jail time if they get you on all three offences. other provinces it is no license no insurance, ontario is different.

i learned this after ordering, installing and riding mine for 4 months.
ps

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.

if you do not declare as home-made, your insurance is void.
the 80cc bikes from BC are illegal in ontario, as are the other chinese 80/66cc bikes
it has to be stamped under 49cc

enjoy.
al

Rockenstein · Jun 29, 2009

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? 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. About all we have in common with a factory built moped is pedals! 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. I mean if you remove the engine kit what is it? A bicycle? If you remove the engine from a moped or motorcycle does the MTO and HTA still not define it as a moped or motorcycle? Yes for the purpose of the HTA a bicycle modified with the addition of a frame mounted gasoline engine kit might be considered a motor vehicle but would it not be a motor vehicle for which there is currently no definition or classification? 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.

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!

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.

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...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.

.

Ontario Canada, MTO info

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