Ontario Canada, MTO info

GoldenMotor.com

toytime

New Member
Mar 20, 2008
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Ontario
I'm surprised to see this thread still going. I live in Ontario and had my bike thrown in the back of a cop car, never to be seen again. I was charged with Drive while Disqualified as well as No insurance and was given a total of $1350 in fines after the Crown lowered the charges to "Drive without Licence" for pleading guilty. If it has a motor-it is a "motor vehicle". There is no "grey zone".
If it has a gas motor you need everything that goes with driving a "motor Vehicle". Period.
 

KW rider

New Member
Jul 1, 2009
6
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kitchener
Rockenstein -

Quote:
RELEASE: September 21, 2007
Riding a Motorized Bike on a Public Roadway

TIPS:

- If you are in possession of a motorized bike in which you cannot obtain a licence plate registered with the Ministry of Transportation of Ontario then it is NOT ALLOWED on any public roadway.

you answered your own question above - " they are talking about bikes with a gas motor kit installed"



you can't obtain a licence plate for an 80cc china girl,

therefore "not allowed" on any public roadway.

Rcokenstein - "You can't be so vague when it comes to law, all laws are very specific for good reason...judges and the public don't like vague"

The law is actually very specific, no licence plate, not allowed, period.

Does you chinal girl 80cc have a plate?
no, then not allowed.
__________________
 
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Rockenstein

New Member
Feb 8, 2009
442
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Ontario, Canada
This is so frustrating...I can read the laws of our land and logically interpret them as they are written. I feel sad for those that cannot or those buy into the propaganda they are fed because it is these people that get abused and hung out to dry by the powers that be...examples of this are in Canadian news stories every now and then.

toytime you swallowed the bait and jumped into the net in accepting a plea deal but did you ever ponder why they would even offer you a deal if the case against you was solid? It saddens me to hear that they stole your bike and forced you to pay them money...school yard bullying at it's finest.


If it has a gas motor you need everything that goes with driving a "motor Vehicle". Period.
You should have included electric motors in that statement too because if you have a bicycle with an electric motor kit installed it will not fit into one of the MTO's peg holes...no electric motor kit currently on the market does. Do we see these electrified folks getting abused though? Sometimes but for unknown reasons they most certainly are not as much of a target as we are.


Cheers guys...I'm going out for a ride .shft.
 

Mike Hunt

New Member
Jun 9, 2009
184
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Toronto, Ontario
This is so frustrating...I can read the laws of our land and logically interpret them as they are written. I feel sad for those that cannot or those buy into the propaganda they are fed because it is these people that get abused and hung out to dry by the powers that be...examples of this are in Canadian news stories every now and then.

toytime you swallowed the bait and jumped into the net in accepting a plea deal but did you ever ponder why they would even offer you a deal if the case against you was solid? It saddens me to hear that they stole your bike and forced you to pay them money...school yard bullying at it's finest.
.
what would you have done in his situation to reduce or eliminate such a large ticket?
 

The WANDERER

New Member
Jun 30, 2009
15
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G.T.A.
POPS does not tell us what these 8 people were riding, nor does POPS say what they were charged with. Just because someone is charged with something, doesnt mean they are GUILTY. Thousands of people CHRAGED with something are found NOT GUILTY every day in court. Being CHARGED does not equal being GUILTY.

Did you catch it?????
No gas powered bicycles!!!!
Whats a gas powered bicycle? Ive seen motor-assisted bicycle, and Ive seen power-assisted bicycle, but nothing called gas powered bicycles. Why do people allways speak so generally and use slang rather than real language. Are you just learning legalise? Looks like it.

See, heres the problem. When I speak here in this forum about the law, I speak in legal ways, (Rockenstien uses similar language as me and the authority types) I am speaking as BASIC as is humanly possible. With a couple exceptions, you all seem mentally incapable of understanding the basic language, no wonder then when more than just basic legalise is in your enviornment, you get charged and found guilty. You have absoloutly NO idea what you are doing or what you are talking about. In short, you are choosing to remain ignorant of the law by doing so. Consult a lawyer. Cant afford one, then stay off the road, your not qualified to be on it or to even talk to a lawyer, stay at home, go to school, and do as everyone tells you to do.
Me and Rock keep explaining it to you over and over and over again and you just cant seem to grasp the most simplest of concepts. That is a damn shame. There was a nrews report very recently that said 51% of Canadians believe that we directly vote to pick our Prime Minister. 51% of Canadian dont know the law, the votin gprocess, or politics, so Im not surprised, I AM SCARRED for you and for me and for the future.

I said CRIMINAL LAWYERS that are out there, for vehicularly related charges usually charge a flat fee, this flat fee at its most is 5k, and in those cases your looking at vehicular assault and really serious things. Lawyers that practice traffic law, even for the new serious charges of street racing 50Km over, seize you car for 7 days charges only ask a fee of $1,500.00 at the most. Parallegals (who by law now need to be licensed) charge less than half that. So to defend something small in the HTA is a few hundred at most.

Can I ask a question here, is the average age of the members 14 years old? If your past high school, then you should have learned basic law as its a requirement in order to get a high school diploma.
Im getting bored of trying to teach people who are incapable of learning, who insist on using non existant language and or incorrect language. Put down your PSP's and pick up a book.
Those BC people who got busted might not have known what they were talking about, and didnt know what they were doing, and absoloutly didnt know the law. THATS why they got busted.

seems like there is no 'grey' area at all
Correct, there is also no such thing as "a loop hole", and no such thing as "a technicality", and no such thing as "grey area". Those are laymen terms for those who dont understand the legal language.

all the posts above about 'go ahead and ride', then fight them in the courts, just got blown out of the water.
For the record, I have NEVER EVER told anyone, or even suggested that anyone "go ahead and ride" NEVER. If you know what your doing (and most here dont) you wont even need to go sooooo far as to court. If you need to be defended in court, then that should be the proof that suggest that you have no idea what your doing on the road. And if you dont know what your doing on the road, then ya, maybe, just maybe you deserve to be in court.

In Ontario where they are all illegal, dude, you wil be charged.
You sound very shure, so now prove that statement as true

Ahrg, one last time with the dirt bike. If it meets all "motorcycle" and safty equipment, IS registered as a "motorcycle" and IS plated, and IS insured, then YES, it IS a "motorcycle" and no longer a dirt bike as there is NO MTO/legal definition/category for a dirt bike/motorcross. Someone meantioned dirtbike from a lady of the MTO and I clarified it. You quote me and then ask for answers when the answer is in the very thing you quoted. Shows that you fail to understand basic principals of law.
If its indeed a "motorcycle" than thats what you tell the cop, if its not, then dont call it that as you may put yourself in trouble. Once again, each and every single roadside stop is unique. No one single simple answer. Learn the law. If a cop says something that is incorrect, then by all mean correct them.

We are discussing 80cc china girls on regular bikes, with no paperwork, plates, insurance, class M license , OK?
They are not legal
Mostly correct there, mostly because your legal terminology is incorrect. They are indeed LEGAL, they are NOT LAWFULL. Legal and lawfull are different animals with different meanings and different characteristics. Learn them, and learn the law.

TOYTIME, in your case, you pleaded guilty, they are not going to try and prove your INNOCENCE (not their job, its yours), esp after you pleaded to GUILTY, wheather you plead down or not. Crown Procecutors offer people plea bargains because it guaranttes them, the courts, the province a 100%conviction of something. ROCK might be correct, why did theyeven bother to offer you a plea bargain? Could it mean that they had little to no evidence against you, but saw you were easy prey? It very well could have. This is normal practise for prosecutors, offer a deal to guarantee 100% conviction on something rather then lose on a more serious higher charge. If you didnt make the deal, you just might have got off scott free, they dont want that. If you dont believe me, make a free call to a traffic defender and ask these ver words "Hi traffic defender, is it true its normal proctise for prosecutors to offer deals to get 100% conviction on something rather than risk losing on the original charge?".

TOYTIME, did you defend yourself in court?

If you want, send me a transcrip copy (you can remove anything in it that identifies you if you like) from the courts about your case. I will review it for free, I may also show it to some lawyers I know to get their take on it. Problem is, you pleaded guilty, so its difficult to appeal, but not impossible. If you plead not guilty and were still convicted, you could appeal based on new evidence and information not available to you at the time (if you had a lawyer, they might not have had your best interests). Again, each and every single case is unique. If you sucessfully appeal, the courts will quash (legal term for erase) your record pertaining to that specific conviction. That would mena that your insurance rates would return to near previous premiums, and your driving record would return to the point previous to the charge.

I make the same offer to everyone whos been convicted riding a bicycle powered otherwise than by muscles, send me court transcrips and I'll review them at no charge. I might find something that could prove your innocence.

you can't obtain a licence plate for an 80cc china girl,
therefore "not allowed" on any public roadway.
Not completely true. You can't obtain a license plate for inline skates/skate board/kick scooter, or bicycle either. So does that mean "not allowed" on any public roadway,

The law is actually very specific, no licence plate, not allowed, period.
Please show us EXACTLY where its says that ("no licence plate, not allowed, period"), Ive never seen it written anywhere. And yes the law is quite specific, problem is that most here dont understand the specifics. If no plates means not allowed, how are skateboards and bicycles allowed. Your missing a very key element.

I suggest everyone here take an evening school or online course for understanding law.

what would you have done in his situation to reduce or eliminate such a large ticket?
It all depends on the particulars, get me all pertinent details and court transcripts and I'll tell you what I might have done.
 

The WANDERER

New Member
Jun 30, 2009
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G.T.A.
All these "authority" types try to get you to comply with something so that they then have power over you. If you change your ride to comply with something and actually register it as such, then YES, they have authority over you. The law only has authority over things it regulates and governs. If it doesnt regulate something, then it has NO authority, further, if the law has no authority, then a LEO (law enforcement officer) cannot claim authority over you and your ride from a non-existant law. Ex, the law doesnt regulate the length of you fingernails, and therefore has no authority, meaning a cop cant charge you for having too long or short fingernails. The Canadian Constitution/ the Charter/ and the Provincial Offences Act explisitly state that if an officer is NOT acting according to the law and from authorisation granted to them by the law, they are to be treated as any other person. If a cop (constable on patrol) is not acting under any known real law, then they have no real power. Further, if a cop is trying to enforce non existant real laws, they themselves might actually be in violation of other laws and may face charges. You cannot violate the law to try to enforce non existant laws (meaning a cops opinion). Cops often say "cops are imune from civil and criminal persecution". Not true, as a cop, they have LIMITED imunity from persecution. But as a person who is in the employ of being a cop, they are wide open to being charged and sued. I hear all the time about cops under investigation, being charged, convicted, and sucessfully sued. Dont let them intimidate you.
Take a gander
TheStar.com | Ontario | Police officer charged with street racing Police officer charged with street racing
Now specifically thats not true, the cop wasnt charged, but the PERSON acting as a cop was charged. The law clearly states that if an officer is not acting in accordance of the law, they are to be treated just like every other person. So if a cop does a royal screw up, the person they are (not the cop they are) can get nailed.
Another Officer faces drunk driving charges Officer faces drunk driving charges Again, not really the officer, but rather the PERSON is charged, because they arnt acting as a bonafied cop at the time.

A biggie TheStar.com | GTA | OPP officer charged with breach of trust OPP officer charged with breach of trust Again, the PERSON, not hte COP was charged. Night and day differnece, cop's on duty but not acting under any known authority, therefore the charges.

In Ontario, provincial, municipal, and city cops (but not RCMP) are governed by the POLICE SERVICES ACT. Read it. RCMP are governed by the R.C.M.P. ACT.

Just a quick lil crash course on common missused words being posted and their correct usage

1. Legal, this means its perfectly OK, means that the law has written something about it and says its ok.
2. Not Legal. Means that there is absoloutly nothing written about it, and therefore not governed or regulated. The length of your fingernail (whatever they are) are NOT LEGAL, because there is no law written for or agaist the length of nails.
3. Illegal, means something is written about it and that says charges are available under the Act/Statute/Code to be layed. Does NOT mean STRICTLY FORBIDDEN
4. Non-Legal means nothing is available, means unregulated, ungoverned.
 

KW rider

New Member
Jul 1, 2009
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kitchener
"you can't obtain a licence plate for an 80cc china girl,
therefore "not allowed" on any public roadway."

Wanderer compares to "inline skates/skate board/kick scooter, or bicycle"
WOW- ?almost the same? -WOW
80cc gas motor versus skateboard. are you kidding?

Electric bicycles are covered by the MTO laws.
Up to 500 watt allowed, even from a kit.
 

Alanj

New Member
Jun 18, 2009
17
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0
ontario
3. Illegal, means something is written about it and that says charges are available under the Act/Statute/Code to be layed

When a person condones an "illegal" act, and further advises to get a good lawyer ...
(insert your own opinion of said person)
 

Rockenstein

New Member
Feb 8, 2009
442
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0
Ontario, Canada
"you can't obtain a licence plate for an 80cc china girl,
therefore "not allowed" on any public roadway."

Wanderer compares to "inline skates/skate board/kick scooter, or bicycle"
WOW- ?almost the same? -WOW
80cc gas motor versus skateboard. are you kidding?

Electric bicycles are covered by the MTO laws.
Up to 500 watt allowed, even from a kit.
If you put a motor on your old skateboard does it now need to reg'd, plated and insured? Motor kits for skateboards are available just like they are for bicycles. You can also buy these things called MotoSk8...roller blades with a motor attached, would you need to register, plate and insure them?

lol...the blades look quite cool actually...a claimed top speed of 25mph! I'd hurt myself on those I'm sure :oops:

KW you are wrong in thinking a 500w electric motor kit is good to go. Legal power assisted bicycles in Ontario must comply with Canada's MVSR and bear a permanently affixed label from the manufacturer that states in both official languages it does comply.

Here's a link to the HTA, please read it from start to finish...it will take you some time but it's a worthwhile read.

Highway Traffic Act, R.S.O. 1990, c. H.8

A link to the Canada motor vehicle safety act.

Motor Vehicle Safety Act

Just in case you miss it at the above link here's the link to the MVSR.

Motor Vehicle Safety Regulations
 
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POPS

Member
Sep 8, 2008
310
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16
Vancouver Island BC .Canada
If you want to learn about the law in BC just go to ICBC and follow the links.

There is NOOOOO gray zone. It's all in black and white!


All the guy's that got busted here were on Happy Times.


No Lic., Ins.,Plate, Illegal Thing on the road...ETC. Etc...POPS


All of them lost their bikes and were convicted as if you READ


the ICBC rules there is NO defence!!!!
 
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The WANDERER

New Member
Jun 30, 2009
15
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0
G.T.A.
Electric bicycles are covered by the MTO laws.
Up to 500 watt allowed, even from a kit.
Not correctly true, power-assisted bicycles are covered and non-lawfully reffered to as electic motorised bicycles and or e-bikes. Learn the difference. No where does it say anything about *kit* form. If you know something that no one else know, then show it and share it. Power-assisted bicycles that ARE in compliance MUST have affixed to them a label or seal by the MANUFACTURER stating that it complies. If you do not have that manufacturers seal/label, you DO NOT have a power-assisted bicycle. What you might have is a bicycle modified with an electric motor and controller. One is legislated, the other is not. Learn the difference, learn the law, and for everyones sakes, please use the correct terminology in the correct contexts and fashion. Failing to do so contributes to the dumbing down of anyone reading.

Interesting side note here. Recently published by a university professor was an article (which Im about to paraphrase) that stated that the media does a disservice to the public by using terms incorrectly. It contributes to the dumification of the masses. Then cited numerous stories that related directly to the public, ones where 5 different news outlets, each said something different from the other. What alarmed the professor was the fact that not a single one of the outlets correctly reported the real facts.



3. Illegal, means something is written about it and that says charges are available under the Act/Statute/Code to be layed

When a person condones an "illegal" act, and further advises to get a good lawyer ...
(insert your own opinion of said person)
Why is it that people keep puting words in my mouth that I have NEVER spoken or inferred? I never said I condone anything, nor have I stated that I dont condone anything. I was trying to educate you on correct usage.

another one

all the posts above about 'go ahead and ride', then fight them in the courts
keep this up and someone here could be looking at slander and deffamation of charachter charges.

Talking to some of you is like talking to a parrot, you mimmick sounds without knowing what those sounds mean. I try to explain things in the most basic form possible in an attempt to share valuable knowlege and its like Im playing grand master level chess whilst most here dont even know how to play checkers. It appears as though some of you are incapable of comprehension. Please educate youselves for your own well being.

Unfortuneatly I feel as though my valuable time is wasted here.
 
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Rockenstein

New Member
Feb 8, 2009
442
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Ontario, Canada
POPS I DO NOT want to have an argument with you about the laws in BC BUT can I point out without you flaming me that when I looked at the vehicle definitions on the ICBC website and then checked out the BC Motor Vehicle act I think the guys that got busted were shafted. A bicycle modified with a gasoline engine kit does not fit into any of the ICBC vehicle definitions and as well a bicycle modified with a gasoline engine kit does not fit any of the definitions in the BC Motor Vehicle Safety Act. You mentioned one of the charges was "illegal thing on the road" ...is that an actual charge in BC? If so how they could be convicted on that is beyond me because because I see nothing in the BC MVSA that specifically makes a bicycle that's been modified with a gasoline engine kit illegal.

The definition of "cycle" in the BC MVSA is...

means a device having any number of wheels that is propelled by human power and on which a person may ride and includes a motor assisted cycle, but does not include a skate board, roller skates or in-line roller skates;

The definition of a MAC in the BC MVSA is...

(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);


The definition of a motor vehicle in the BC MVSA is...

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 a motor assisted cycle;

The definition of a motorcycle in the BC MVSA is...

means a motor vehicle that runs on 2 or 3 wheels and has a saddle or seat for the driver to sit astride;


A bicycle modified with an 80cc engine kit is not a moped (LSM) as defined by the ICBC either when you read the ICBC's definition of one...


* Has no more than a 50 cubic cm engine displacement or 1.5 kilowatt motor rating
* Does not need clutching or shifting after the drive system is engaged
* Has a maximum speed on level ground of 70 km/h and weighs no more than 95 kilograms, excluding fuel and batteries
* Must have wheels that are 25.4 cm in diameter or more



Again POPS I'm not being malicious...I'm just pointing out what I'm reading and what I've read so far says to me the guys that got busted out there maybe got shafted and that's just not nice news to hear.

BC Motor Vehicle Safety Act

ICBC


Cheers :)
 
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The WANDERER

New Member
Jun 30, 2009
15
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G.T.A.
Just a quickey.

If you think your contraption is legal because you have registered it and all, you might find this bit interesting.

If you have signed an affidavid swering that your contraption meets all pertaining regulations, you may be in violations of complyment IF;

1. you have regular bicycle tires. bicycle tires are made from poor quality materials and compounds. They do NOT meet safety requirements befitting "moped" tires. They are NOT speed rated and are NOT D.O.T (Dept of Transportation) approved. Should not pass safety with bicycle tires on a "moped"

A friction roller (dependant on design) causes the construction of a bicycle tire to rapidly break down before its expected life, and, it prematurely wears it out, esp when wet or dusty. This *could* be a huge safety factor, allways regularly inspect them as they could cause a catastrofic blow out. Someone could potentially get hurt or dead if run over by a car in such a cercumstance.

2. Fail to have front and rear suspensions. "mopeds" are required to have both. Missing one and your "moped" is in violations, Should NOT pass safety.

3. Mens bicycle frame design. "Mopeds" have what is referred to as having "a walk through/step through frame design". If you have a cross bar and or need to *kick* one leg over the frame and or body of vehicle in order to *mount* the seat, you are in violation.

4. Brakes, ordinary bicycle breaking mechanisms do not meets safety requirements befitting a "moped"

list goes on, required equipment and safety things that are not up to par with a "moped" are things like hub bearings, spoke guage, weld quality, frame tube thickness (bicycle frame tube thickness and quality are no where near whats required for a bonafied motor-vehicle), minimum seat height, maximum handle bar to seat height ratio, maximum and minimum lux lumination requirements for a headlight, and on and on.

Oh and another thing to watch out for is the quality of the hardware (nuts and bolts) and the kill switch. Make sure it has good continuity and measure its resistance. Cheap digital multimeters are readily available. A little corrosion could mean a non-functional kill switch. Male sure it works properly, and have an alternative back up way to shut off your motor in case. Do NOT under any condition try to pull off the spark plug boot from the plug while the motor is running. Small engines are capable of 30,000 volts output. A few milliamps is all it takes to stop the human heart. Dont mess with the electronics if you dont know what your doing. The capacitor is equally deadly, do not attempt to touch it or discharge it without proper tools. Capacitors can be found in almost anything electrical (TV, DVD players, cameras, etc..) could kill you and they can blow up. Do a youtube video search on capacitor safety.

Do you comply with regs that you've registed your contraption as? If not, you are in violation.

Oh, and a non-HTA thing is the EPA, is your *motor* EPA certified and or approved for your intended purposes?

in short, theres so much more involved than just the MTO / HTA.
 

KW rider

New Member
Jul 1, 2009
6
0
0
kitchener
imho,

it strongly appears that one person is directing people into riding motorized bikes on the road, than offering legal advice on how to fight a conviction.

others apparently agree
 

POPS

Member
Sep 8, 2008
310
0
16
Vancouver Island BC .Canada
POPS I DO NOT want to have an argument with you about the laws in BC BUT can I point out without you flaming me that when I looked at the vehicle definitions on the ICBC website and then checked out the BC Motor Vehicle act I think the guys that got busted were shafted. A bicycle modified with a gasoline engine kit does not fit into any of the ICBC vehicle definitions and as well a bicycle modified with a gasoline engine kit does not fit any of the definitions in the BC Motor Vehicle Safety Act. You mentioned one of the charges was "illegal thing on the road" ...is that an actual charge in BC? If so how they could be convicted on that is beyond me because because I see nothing in the BC MVSA that specifically makes a bicycle that's been modified with a gasoline engine kit illegal.

The definition of "cycle" in the BC MVSA is...

means a device having any number of wheels that is propelled by human power and on which a person may ride and includes a motor assisted cycle, but does not include a skate board, roller skates or in-line roller skates;

The definition of a MAC in the BC MVSA is...

(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);


The definition of a motor vehicle in the BC MVSA is...

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 a motor assisted cycle;

The definition of a motorcycle in the BC MVSA is...

means a motor vehicle that runs on 2 or 3 wheels and has a saddle or seat for the driver to sit astride;


A bicycle modified with an 80cc engine kit is not a moped (LSM) as defined by the ICBC either when you read the ICBC's definition of one...


* Has no more than a 50 cubic cm engine displacement or 1.5 kilowatt motor rating
* Does not need clutching or shifting after the drive system is engaged
* Has a maximum speed on level ground of 70 km/h and weighs no more than 95 kilograms, excluding fuel and batteries
* Must have wheels that are 25.4 cm in diameter or more



Again POPS I'm not being malicious...I'm just pointing out what I'm reading and what I've read so far says to me the guys that got busted out there maybe got shafted and that's just not nice news to hear.

BC Motor Vehicle Safety Act

ICBC


Cheers :)
Rock


No offence taken

Your right!!

A HT. does not fit into any category that BC laws have.
Because they were rideing them on the road WITHOUT it being classified
in any category made them automaticaly guilty!

The only thing that can ride on the road here WITHOUT Plates,Lic,Ins. Etc. is
500 or less E/Bike so they all fell for NO Ins,Lic,Plate, Etc. and a vehicle that did
not comply to be legally on the road so they got charged with that too and had
their bikes confiscated!!!! They are REALLY SNARLIE here towards bikes!!!


Cheeers right back at ya...POPS
 

The WANDERER

New Member
Jun 30, 2009
15
0
0
G.T.A.
it strongly appears that one person is directing people into riding motorized bikes on the road, than offering legal advice on how to fight a conviction.
If anything, I dont want you on the roads because I feel most of those here are not intelligent enough or responsible enough to be on them. I prefer you stay home and read. If your talking about me, then please show me and everyone exactly where I have directed people into riding motorized bikes on the road. I can, however, show in many of my posts where I say to stay OFF the roads unless you know what your doing. The less of you on the roads wreaking havoc the better, and the less the intelligent responsible ones will be pulled over. I have said it a few times already, GET ME COURT TRANSCRIPS AND PARTICULARS AND I'LL LOOK THEM OVER. EVERY SINGLE PERSON, THEIR CONTRAPTION, AND ROADSIDE STOP IS UNIQUE AND DIFFERENT. THERE IS NO ONE SINGLE MAGICAL SOLUTION. I PRESENT IDEAS AND OPTIONS ONLY. THE SMART ONES HAVE ALREADY FIGURED IT OUT. I DO NOT GIVE LEGAL ADVICE BECAUSE I WILL NOT BE HELD RESPONSIBLE OR LIBLE FOR YOUR STUPIDITY OR ACTIONS.

It strongly appears that most persons CANNOT COMPREHEND basic English let alone Legalise.


Im going to say this one more time. I have never conveyed that I condone anything, nor have I conveyed that I do not condone anything. In addition, I have NOT told anyone to ride, nor have I told anyone not to ride, nor have I told anyone to do what they want. I HAVE NOT TOLD ANYONE TO DO ANYTHING AT ALL.


A thought that I feel compelled to ask. Why are you here in this forum? If you feel that these motored contraptions are *soooo Illegal* then you probably dont own one or ride one, and, if you dont own one, why are you here?




Case law exists (case law is rulings by the courts and judges, which subsequently becommes common law) where people have sucessfully defended their cases and were found to be NOT GUILTY. That means that a defence exists and is available to everyone who bothers reading them and uses them. What that also means is that by being NOT GUILTY, these people were NOT in violation of any known laws, hence, it was and is perfectly legal for those individuals in thier specific situations to operate their contraptions on public use roads. Everyone and thier contraption is a unique case from everyone else. Cannot stress that enough.

I provided information to one such *famous* case, but the post was removed. I will not waste all that time discussing the specifics of it again. Its something that is available to every police officer, lawyer, prosecutor, J.P., Judge, and court. It is CASE LAW. Short story version is that an individual with a motor affixed to thier contraption was found NOT GUILTY, further the court ruled that that individual has as much right to use said contraption on public use highways as does any person with their "vehicle". In this case there was NO registration, NO insurance, NO plates, failed to have required equipment and was found NOT GUILTY. How can that possibly be? All ye naysayers who say it cant be done, I say look it up. (Please note I paraphrased here, but the info is no less relavent {in may situations anyways}).

More case law exists from insurance companies. This, some of you might find interesting. Here's a scenario:

Jason builds a home made contraption which he calls and refers to as a "motor-assisted bicycle (Moped)". He registers it, signs an affidavit (a formal sworn statement of fact, signed by the author), has a safety done, gets it plated, insured, and rides it with an M Class Licence. The MTO has never actually seen Jasons contraption, they simply go by what Jason has sworn to. Jason then has an accident causing property damage and injury to a third party. Medical costs are in the hundreds of thousands for needed operations. Jason is charged with something and the investigating officer takes pictures and evidence of the accident scene. Jason goes to make an insurance claim from his insurance company. The insurance company sees the accident photos and say "nope, not gonna pay out, that thing is NOT what we insured, not what we contracted". This is because the insurance company believed all along that it was insuring a real "motor vehicle" (homebuilt or otherwise). It does not matter that you have registration saying it IS a "motor vehicle" to the insurance company, because they have their own rules and can make thier own case against it. Jason then sues his insurance company as he is on the hook for hundreds of thousands of dollars of medical expenses. It is not uncommon to hear about insurance companies not wanting to pay out on claims, and its not uncommon to hear about clients sueing thier insurance companies. The insurance company goes to court (as a defendant) and their lawyers prove in court that Jasons contraption is not really a "motor vehicle". The insurance company wins with a court ruling, and Jason is screwed. Jason is now personally lible for all expenses. Making things potentially worse is not that the insurance company has won, it shows that Jason did NOT have proper coverage and now *may* face charges of not having proper insurance. *May*, because his contraption might not actually be a "motor vehicle" as ruled by the courts on behalf of the insurance company. So in cases like that (each one is unique), *some* of these contraptions are *not* "motor vehicles" even though they may meet some of the definitions of various legislation. So if some arnt, then maybe, just maybe, yours isnt either.

What this means is that yet further case law evedince exists that could be used, if you bother to look for it in the first place, that a persons contraption *MIGHT* not actually be a "motor vehicle" that warrants any fines or charges.


Case laws are generally publically available. You can find much online for free, request court documents (transcripts) from the courts and get an authorised hard copy version, visit a law library, etc...


ALANJ has said in one of his posts that he's registered his contraption to meet complyance, but, that his insurance broker cannot find anyone to insure it. Well, if ALANJ (or others in a similar situation) actually bothered to read some legislation, they would learn that they CANNOT be denied "motor vehicle" coverage. Maybe ALANJ's broker doesnt know what they are doing, weird because they work in the industry and *should* know the governing laws. Or maybe ALANJ's broker *does* know what they are doing and realises that ALANJ's contraption doesnt actually qualify as a bonafied "motor vehicle", or maybe its the opinion of the insurance companies that the broker has access to. Insurance companies share information, and their lawyers compile case law verdicts from the courts rulings with other insurance companies, for future reference.

Just because something *looks* to fall into a definition of something, does not necessarily mean that that thing IS what is being defined. The courts are fully aware of this. A volleyball painted with black and white octogons is NOT a soccer ball. Might *fit* into the definition of a soccer ball (about the right size, about the right shape, about the right weight, about the right bounce, about the same contruction, about the right number or octogons, etc..) but DOES NOT MEAN IT IS a soccer ball. Not all round, bouncy, black and white octogon patterned balls are soccerballs. It IS a volleyball thats been modified. Some soccer balls themselves dont qualify as real soccer balls. Ask any sanctioned soccer body this. A bicycle with a motor *might* fall into definition as a type of "motor vehicle" but does not necessarily mean it IS a "motor vehicle" (as court verdicts have proven this fact on behalf of private persons and insurance companies alike). Every case is different, and something may just very well actually be a "motor vehicle". AGAIN, EVERY CASE IS UNIQUE.

English language spelling = license
Legal language spelling = licence

Go look at how the words appear in an English dictionary and how they are written on you licence card and in legislation, or even at the MTO website, Getting an Ontario Driver's Licence this is NOT a typo, this is intentional. Why is this? Because these are two seperate languages that *appear* to be spelled and pronounced similarily. I keep trying to point out these things but to no avail. Learn the difference and when and how to use them. Now go look carefully at how things are spelled in laws and how they are spelled in an English language dictionary. I keep repeating myself on these things but no one appears to comprehend them. Once again, English language words are not necessarily the same as legal language words. Legal language words *can* have very different meanings, definitions, characteristics, attributes, intentions, contexts, etc.... than what you may be used to.

Do yourself a huge favour and go purchase a hard copy of Blacks Law Legal Dictionary (do a quick net search of its importance). Learn how to read it, then go read it, then go back and re-read the legislations pertaining to your contraption, then come talk to me.

Do your own research. Its one of the best ways to learn something, by proactivly being involved in your own education. Go ahead, dont take my word for it, I wont mind, in fact, I insist on it. Prove me wrong, if Im wrong, then fine, then I can upgrade my knowledge base, and would appreciate the valuable information.



One more thing. The definitions section of any Act generally means that those words defined in that Act apply to THAT Act and not to other laws. So the defined word in the HTA of say "motor vehicle" is to be applied to that act only, and perhaps a specific section of said Act. Go look it up and see that "motor vehicle" has one specific definition in the HTA and another definition in the MVSA.
 

Mike Hunt

New Member
Jun 9, 2009
184
0
0
Toronto, Ontario
mvsa said:
"vehicle" means any vehicle that is capable of being driven or drawn on roads by any means other than muscular power exclusively, but does not include any vehicle designed to run exclusively on rails.
from

Motor Vehicle Safety Act

hta said:
"motor vehicle" means a vehicle not run upon rails that is designed to be self-propelled or propelled by electric power obtained from overhead trolley wires, and includes a snow vehicle that is capable of being registered under The Drivers and Vehicles Act, but does not include a farm tractor, an implement of husbandry, a special mobile machine, an off-road vehicle or a power-assisted bicycle; (« véhicule automobile »)
from

The Highway Traffic Act


the mvsa definition is from 1993, dont know if they updated it.

what do they mean by "capable of being driven or drawn on roads by any means other than muscular power exclusively"? if it can be drawn by muscular power only or by muscular power and motor at once, or just the motor w/o muscular power, then its good to go?

according to hta
"power-assisted bicycle" means a vehicle that

(a) has a handlebar for steering and pedals,

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

(c ) can be propelled by muscle power applied to the pedals,

(d) has an electric motor but no other type of motor, and

(i) the motor has a continuous power output rating, measured at its shaft, of 500 W or less,

(ii) if engaged by the driver applying muscle power to the pedals, the motor immediately stops providing the vehicle with motive power when the driver stops applying muscle power,

(iii) if engaged by a throttle, the motor immediately stops providing the vehicle with motive power when the driver activates a brake, and

(iv) the motor cannot provide the vehicle with motive power when it is travelling at more than 32 km/h,

(e) bears a permanent manufacturer's label stating that the vehicle is a power-assisted bicycle under the Motor Vehicle Safety Regulations, C.R.C., c. 1038, and

(f) has either

(i) a mechanism to turn the electric motor on and off that can be operated by the driver, and if the vehicle has a throttle, is separate from the throttle, or

(ii) a mechanism that prevents the motor from engaging until the vehicle is travelling at 3 km/h or more; (« bicyclette assistée »)
then theres also this from hta

"moped" means a motor vehicle which

(a) has 2 tandem wheels or 3 wheels, each of which is more than 250 millimetres in diameter,

(b) has a seat or saddle having a minimum unladen height of 650 millimetres, when measured from the ground level to the top of the forwardmost part of the seat or saddle,

(c ) is capable of being driven at all times by pedals only if so equipped, by motor only, or by both pedals and motor, and

the motor has a piston displacement of not more than 50 cubic centimetres, or is an electric motor neither of which is capable of enabling the moped to attain a speed greater than 50 kilometres per hour; (« cyclomoteur »)
so if its 49cc or under its considered a moped and the person riding it gets shafted with no registration/insurance, but if its an "80cc" it doesnt fit into any category and its good to go? doesnt say anything about whether its a factory made moped or a bicycle with a motor attached.

what sort of motorized bike owners have gotten away with riding on the street? 50cc 2 stroke engine framemounted on bicycle with hand operated clutch/driven gear box? how about 80cc 2 stroke engine framemounted on bicycle with hand operated clutch/driven gear box? other?

where to look for this information?
 
Last edited:

Rockenstein

New Member
Feb 8, 2009
442
0
0
Ontario, Canada
Anyone but me think the HTA is kind of contradicting itself when it says a power assisted bicycle has an electric motor and is not considered a motor vehicle and a motor assisted bicycle which also has an electric motor is considered a motor vehicle?

so if its 49cc or under its considered a moped and the person riding it gets shafted with no registration/insurance, but if its an "80cc" it doesnt fit into any category and its good to go?
My personal interpretation of the HTA leaves me thinking that there's much more to the make up of a motor assisted bicycle than it's cc rating. Same goes for a power assisted bicycle, there's more to it than the wattage specification.
 

POPS

Member
Sep 8, 2008
310
0
16
Vancouver Island BC .Canada
Rock

From what I understand the HTA put out guidelines and then let all the provinces

interupt it the way they wanted. Thats why all the laws, fines, etc. are different

from province to province...POPS
 

Clotho

Member
May 25, 2008
304
2
18
Forgive me if this has been posted already. I quickly scanned the thread but I did not read it in depth.

These document was published by Alberta Transportation in April 2008

Operators Licence Information For Motorcycles, Mopeds
and Power bicycles


Page 14 is interesting. Heck, the graphic they use even looks like one of the rackmount kits.

A power bicycle is defined as follows in the:
Use of Highway and Rules of the Road Regulation.
1(o): “power bicycle” means a vehicle that
(i) may be propelled
(A) by human muscular power,
(B) by mechanical power, or
(C) partly by human muscular power and partly by mechanical power,
(ii) is fitted with pedals that are continually operable to propel it,
(iii) has a motor that produces not more than 750 watts and that is driven
by electricity or has an engine with a displacement of not more than
50 cubic centimetres,
(iv) does not have a hand-operated or foot-operated clutch or gearbox
driven by the motor that transfers power to the driven wheel,
(v) does not have sufficient power to enable it to attain a speed greater
than 35 kilometres per hour on level ground within a distance of 2
kilometres from a standing start, and
(vi) weighs not more than 35 kilograms.
Note: Some vehicles may appear to be power bicycles. However, if they exceed the
weight of 35 kg or the speed of 35 km/h, then they do not fall into the power bike
classification and are, instead, considered mopeds.

A power bicycle is NOT a motor vehicle in Alberta and as such requires no Licence, Registration or Insurance. There are age restrictions however and you must wear a helmet.

I carry a copy of this with me but I have never needed it.