TRUTH about motorized bicycles in Canada (How I lost my Bike)

Re: TRUTH about MB's in Canada (How I lost my Bike)

It appears they can interpret the "laws" however they want.
So there..as in the USA...we are over regulated.

Re: TRUTH about MB's in Canada (How I lost my Bike)

Coming soon to a theater near you.

Re: TRUTH about MB's in Canada (How I lost my Bike)

Ballin on a Budget said:

I had managed to kill the engine before he stopped me but he still heard me "buzzing" along before I killed it.

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"Hearing" is one thing but hey somebody really could have been using a chainsaw, weed whacker, dirt bike or whatever nearby.

Ballin on a Budget said:

Now the cop slipped up and also told me that as long as the motor is not running, then its perfectly legal

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Can't quite figure out why he showed you his "hand" but hey unless you admitted the engine was running and he recorded it your golden. Some police service vehicles are equipped with dash cams, was his on? Was it recording sound too?. Make the officer prove what he says he heard in court where it matters.

Ballin on a Budget said:

-Ticket for riding an uninsured, unregistered, MOTORCYCLE
-Ticket for not wearing a MOTORCYCLE helmet
-Ticket for not having my class 6 (Motorcycle) license
-Police IMPOUNDED my bike for 7 days @ $30 per day
-Because of riding without a valid MOTOTRCYCLE liscense, my drivers license got suspended for 3 months

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Non of those offences are applicable to a bicycle rider in any Canadian province, any lawyer will tell you that

Re: TRUTH about MB's in Canada (How I lost my Bike)

.... what a plick

Re: TRUTH about MB's in Canada (How I lost my Bike)

When do you have to go to court or do you just get to pay the fines?

I was thinking that if you have enough time you may be able to get some help from legal aid if you qualify or at least get some advice as to the best way to defend yourself.

I'd go with the how do you know it was me and not something else defence. Unless he felt the motor to see if it was hot how can he be so sure?

Steve

Re: TRUTH about MB's in Canada (How I lost my Bike)

I just spoke to the DMV here in NS and this is what they told me ... actually sent from the head office in Halifax - "from the description you provided below, that your vehicle would meet the definition of a bicycle. The definition of a "bicycle" is found in the Motor Vehicle Act in section 2, (Motor Vehicle Act) .

If you require any further information regarding this matter, please feel free to contact our office either by email or by telephone at 424-5851 or toll-free at 1-800-898-7668."

I told them that the bicycle had a 49cc gas motor. That it has a centrifugal clutch and therefore doesn't require me to operate it when starting or stopping and well ... all the basics. It moves under pedal power as well, etc.

In the end the person I spoke with said if a police officer does stop you and writes you a ticket or tickets simply go to court and the tickets should be thrown out. The short and skinny is that many cops don't know what to think and they don' tknow the law so they write you up anyway. It's bound to happen.

So although the police are unsure of what to think. In the eyes of the department of motorvehicles the bikes are considered bicycles. This means tha tthe laws of motor vehicles do not apply to them. There is alway sgoing to be that cop that is going to do what he or she wants. don' tfight with them. just take the ticket(s) make a point to take down their name and badge number as well as the car number they are driving.

The cops can write tickets and impound bikes but it doesn't mean they'll stick in court. They are just counting on you paying them and not putting up an sort fo fight. Now that's in NS mind you. Every province is slightly different.

Re: TRUTH about MB's in Canada (How I lost my Bike)

If the judge just happens to see things your way and those tickets are thrown out not only would i demand the judge order a refund of the impound fees I'd keep a copy of the judge's decision and court order with you on the bike when you ride it. That way when another cop stops you to write tickets you can say that you've been there and done that and the judge threw them out and declared you legal.

Re: TRUTH about MB's in Canada (How I lost my Bike)

"Public Safety" is a Multi-Million dollar industry for most gubberments and with money running out they're doing whatever they can to generate revenue...I feel your pain...they got into my pockets pretty deep too.