eBike Forum

General E-Bike & Tech Discussions => General Discussion => Topic started by: Reza on June 10, 2013, 01:12:04 PM

Title: Want to remove your pedals? Think again!
Post by: Reza on June 10, 2013, 01:12:04 PM
Quote
On Sunday May 19, 2013 at 1:40 pm, a member of the North Bay Detachment of the Ontario Provincial Police (OPP) observed the driver of an e-bike disobey the red light at Highway 17 and Gormanville Rd. As a result of the traffic stop and subsequent investigation the driver was found to be under a Criminal Code driving Prohibition and in possession of Marijuana.

 Andrew HANSMAN, 52 years of North Bay was arrested and charged with:

 Drive while Disqualified contrary to section 259(4)(a) of the Criminal Code of Canada
 Possession of Marijuana contrary to section 4(1) of the Controlled Drugs and Substances Act
 HANSMAN was released on an Appearance Notice and is scheduled to appear in North Bay Court for his first appearance on June 25, 2013.

 The bike involved is commonly known as an E-bike or E-scooter (electric bike). Under the Highway Traffic Act, they are considered to be a bicycle, as long as they are equipped with pedals and as such are subject to the rules of road. If the pedals are removed, then they become a motor vehicle and they are no longer classified a bicycle. If the pedals are removed, the operator must now have a driver's licence and the bike also requires to be registered and insured. Under the Criminal Code, they are defined as a motor vehicle, so it cannot be operated if the driver is under a Criminal Code Prohibition or is under the influence of alcohol or drugs. This particular E-scooter had the pedals removed.

source: http://local2.ca/ssm/viewarticle.php?id=11259 (http://local2.ca/ssm/viewarticle.php?id=11259)
Title: Re: Want to remove your pedals? Think again!
Post by: Majicat on June 16, 2013, 08:02:53 AM
Why are police exploiting this this loophole anyway? The ebike is still the same vehicle with or without peddles installed. In reality none of us will make it very far on peddle power so the masquerade began long before. I guess when you look at it another way we are exploiting a loop hole by putting peddles on a scooter.

In St. Catharines, Ontario a ruling was made that the removal of peddles did not deem an e-bike a motorized vehicle and charges were dismissed.

http://www.canadianlawyermag.com/legalfeeds/1305/ruling-confirms-e-bikes-are-not-motor-vehicles.html

The law makes sense and we need to set boundaries but being charged for operating an unlicensed , uninsured and unsafe motorized vehicle is just ridiculous.  A citation for an unsafe ebike would be enough.