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

Ballin on a Budget

Ballin on a Budget

New Member
I know others have been bringing up the issue of motorized bicycles legality in Canada, B.C. in particular, so here it is from experiance.

Last night I got caught riding (in a bike lane) home and a bored cop decided to pull me over. I had managed to kill the engine before he stopped me but he still heard me "buzzing" along before I killed it. Heres what happened to me.....

-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

This is an honest true story. The officer said that even if it was under 50cc it is still classified as a LSM (low speed motorcycle) so a bike helmet wont do, and the law states that "Any vehicle over 50cc, or under 50cc but with a hand operated clutch device or transmission, is considerd a standard motorcycle and requires a class 6 full motorcycle liscense."

Now the cop slipped up and also told me that as long as the motor is not running, then its perfectly legal, so as long as you keep your ears and eyes alert for police when your riding, and can manage to kill your engine before they hear you, then you wont get bent over like I did. So let me be the example of what the law can do to you in B.C. and across canada for that matter, as every province has some laws that makes our toys ILLEGAL ON PUBLIC ROADS! And all of this was proven the next day at the DMV.
-Dan
 
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)

Ya ya im just pissed that I lost my bike and had nothing to do on my days off!!! I ended up SUNTANNING! Hahha
-Dan
 
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.
Click to expand...

"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
Click to expand...

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
Click to expand...

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)

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(c), (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)

Hey all thanks for the support and your info.

I got my bike out of impound finally after 9 days and a hefty fee. I too spoke to my local DMV and in BC they are classifying these as a "low speed motorcycle" apparently, however the lady i dealt with was brutally honest with me and she said thet there are NO black and white laws on these MBs yet as in the sceme of things, they are still quite new in their popularity. It is for this reason that every officer will treat them differently.... So untill there are definitive laws in BC about gas powered MBs, its just a matter of watchin your mirrors and makin sure we all have our kill switches hooked up and handy!

As for my situation, I have already disputed all the tickets (upon advise from the nice lady at the DMV so chances are the officer wont even show up for the court date, as im sure he will realize that he was being completely unreasonable, and taking out his bad day on me.
-Dan
 
Re: TRUTH about MB's in Canada (How I lost my Bike)

If the judge just happens to see things your way :D 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.
 
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