E-bikes. Power Assisted Bicycles Power or Electric Scooters (E-scooters)

Transcription

1 E-bikes Power Assisted Bicycles Power or Electric Scooters (E-scooters)

2 Power assist bicycle

3 Power or Electric Scooter E-scooter

4 Highway Traffic Act Definition - "power-assisted bicycle" means a bicycle that, (a) is a power-assisted bicycle as defined in subsection 2 (1) of the Motor Vehicle Safety Regulations made under the Motor Vehicle Safety Act (Canada), (b) bears a label affixed by the manufacturer in compliance with the definition referred to in clause (a), (c) has affixed to it pedals that are operable, and (d) is capable of being propelled solely by muscular power

5 E-bike Standards Electric powered Max. power output of 500 watts Max. speed of 32km/hr Max. weight of 120kgs Independent front and rear wheel braking Steering handlebars Min. wheel diameter of 350mm Min. tire width of 35mm Must have a Bell, White front light and Red rear light No modifications allowed to increase speed or power May have 2 or 3 wheels

6 Equipment and Licencing Operator must be 16 years of age or older Operator must wear a helmet (regardless of age) May be either a bicycle helmet or motorcycle helmet Does not require a Driver s Licence Does not require a Permit or plate Does not require Insurance May carry a passenger if equipped with passenger seat and foot rests (Note: passenger must be 16 yrs of age or older and must also wear a helmet) Vehicle must have compliance label from manufacturer.

7 Rules of the Road Under Section 218 of the HTA, all cyclists must stop when directed by police and must properly identify themselves or they are subject to arrest

8 Common Infractions failing to stop at sign and red lights riding in crosswalks and pedestrian crossovers riding on the sidewalk failing to signal (turns and lane changes) riding on the wrong side of the road (into traffic) No Helmet HTA Ontario Reg 369/09

9 Riding on a Sidewalk There are no provisions under the HTA to ride vehicles on a sidewalk. The HTA definition of a roadway spells this out. - "roadway" means the part of the highway that is improved, designed or ordinarily used for vehicular traffic, but does not include the shoulder, and, where a highway includes two or more separate roadways, the term "roadway" refers to any one roadway separately and not to all of the roadways collectively

10 Don t get Confused! Motor Assisted Bicycle (Moped) Low Speed Motorcycle

11 Always ask yourself this question: Is this an E-bike? If it meets the definition and the answer is yes, treat it as an E-bike If the answer is no or there are modifications, then treat it as you would a Motor Vehicle.

12 What happens under the Criminal Code? Criminal Code Definition: motor vehicle means a vehicle that is drawn, propelled or driven by any means other than muscular power, but does not include railway equipment An E-bike is a Motor Vehicle

13 Suspensions and Prohibitions If they are a Prohibited Driver under the Criminal Code, they are not allowed to operate an E-bike and should be charged Criminally with Drive Prohibited. If they are a Suspended driver under the HTA (demerit points, unpaid fines, Family Support etc) they are still allowed to operate an E-bike (as long as the vehicle fits the E-bike definition)

14 Towing and Impounds All motor vehicle Impoundment authorities come from the HTA and in general terms, do not apply to E-bikes as they are not generally categorized as Motor Vehicles

15 Induced Error A male contacts two different police agencies to find out if he could drive an e- bike while prohibited for an impaired conviction. Officer s from each agency told him that it was OK and no DL was needed. Neither officer was aware or considered the Criminal Code definition. The male purchased the e-bike and ultimately was charged with Drive While Prohibited under the Criminal Code.

16 The court dismissed the case because of the Induced Error and found that the male had done his due diligence but was given bad advice by uninformed officers. (Barrie Court) Think of Liability for yourself and Police

17 Scenario #1 You stop an E-bike/E-scooter for speeding in a 40km/hr School zone. The vehicle was travelling at 92km/hr as measured by your Radar. The driver is wearing a certified bicycle helmet and verbally identifies himself. What should you do?

18 Possible Charges Improper helmet Drive no licence or Improper Class No Insurance No Permit No Plate Stunt Driving (includes 7 Day Suspension of DL & Impound of vehicle) Speeding

19 Scenario #2 You observe an E-scooter riding down the sidewalk. You stop the vehicle to educate the driver. The driver is wearing a proper motorcycle helmet and identifies herself with a valid class G driver s Licence. You detect the odour of alcohol on her breath. You also note that the pedals are not attached. CPIC reveals the driver has had a previous 3 day suspension. What should do?

20 ASD Demand Pass Proceed with HTA Charges Careless or Fail to Drive in Marked Lane Improper Class of DL No Plate No Permit No Insurance Warn - 7 day suspension Proceed with HTA Charges Fail / Refuse - Criminal Code Charges ADLS and Vehicle Impound Proceed with HTA Charges

21 Scenario #3 You observe an E-bike (power assisted bicycle) driving along the roadway. The driver is not wearing a helmet. You stop the vehicle and the driver verbally identifies them self. CPIC reveals that the driver is Prohibited for an Impaired Driving conviction. What can you do?

22 Potential Charges No Helmet (HTA) Drive Prohibited (CC) complete investigation Where were the driver s feet and what were they doing? Check to see if battery was charged and capable of providing power.

23 Is this an E-bike?

24 Has it been modified? If yes, it is no longer an E-bike and is now a motor vehicle and it can be impounded If no, it is not a motor vehicle and it can not be impounded.

25 Is this and E-Bike?

26 This is an E-Bike! BionX or MegaMotion assist

27 Home Built Variants

28 ???????

29 Questions? Contact P.C. Gord Keen OPP HSD / Central Region Traffic Management Unit (705)