impaired driving on an e-bike
02-01-2013, 02:11 PM
#1
Nordschleife Master
Thread Starter
impaired driving on an e-bike
http://www.mississauga.com/news/arti...g-on-an-e-bike
Woman charged with impaired driving on an e-bike
You can’t get charged with impaired driving while on a bicycle.
But you can get charged with impaired driving on an electric bicycle driven by any means other than muscular power and going no faster than 32 km/h.
Such was the lesson in motor vehicle safety when Toronto police announced that Heather Mitchell, 27, of Mississauga, was charged with having a blood-alcohol level over 80 milligrams while driving an e-bike Wednesday afternoon on Wellington St. east of Strachan Ave.
The e-bike thus falls into a cycling grey zone.
Under the provincial Highway Traffic Act, it’s not classified as a motor vehicle. But under the federal Criminal Code, it most certainly is — and so impaired driving charges apply.
“The difference is the power,” said Const. Allan Davidson, of Toronto traffic services. “You don’t have to pedal an e-bike; it will move on its own. That makes it a motor vehicle under the Criminal Code.”
The consequences of the Criminal Code charge include an immediate 90-day driver’s licence suspension (although you don’t need one to ride an e-bike, but if you have one, it’s gone) with a conviction carrying the possibility of a one-year driving ban, a fine and a criminal record.
But that doesn’t mean an e-bike is never a bike.
Under the Highway Traffic Act, an e-bike is considered a vehicle, and so the motorized bike is also subject to provincial charges applied to regular bicycles if they run red lights, fail to stop at signs or travel above the speed limit.
Right. So how often does an e-bike rider get charged under the Criminal Code?
‘We probably get one or two a month,” said Davidson, adding that he’s not positive about the numbers.
“More than you’d think.”
~ Torstar Network
You can’t get charged with impaired driving while on a bicycle.
But you can get charged with impaired driving on an electric bicycle driven by any means other than muscular power and going no faster than 32 km/h.
Such was the lesson in motor vehicle safety when Toronto police announced that Heather Mitchell, 27, of Mississauga, was charged with having a blood-alcohol level over 80 milligrams while driving an e-bike Wednesday afternoon on Wellington St. east of Strachan Ave.
The e-bike thus falls into a cycling grey zone.
Under the provincial Highway Traffic Act, it’s not classified as a motor vehicle. But under the federal Criminal Code, it most certainly is — and so impaired driving charges apply.
“The difference is the power,” said Const. Allan Davidson, of Toronto traffic services. “You don’t have to pedal an e-bike; it will move on its own. That makes it a motor vehicle under the Criminal Code.”
The consequences of the Criminal Code charge include an immediate 90-day driver’s licence suspension (although you don’t need one to ride an e-bike, but if you have one, it’s gone) with a conviction carrying the possibility of a one-year driving ban, a fine and a criminal record.
But that doesn’t mean an e-bike is never a bike.
Under the Highway Traffic Act, an e-bike is considered a vehicle, and so the motorized bike is also subject to provincial charges applied to regular bicycles if they run red lights, fail to stop at signs or travel above the speed limit.
Right. So how often does an e-bike rider get charged under the Criminal Code?
‘We probably get one or two a month,” said Davidson, adding that he’s not positive about the numbers.
“More than you’d think.”
~ Torstar Network
02-01-2013, 03:50 PM
#3
Drifting
I was positive you could get a DUI on a bicycle...learn something new
everyday. I bet 7 of 10 hipsters riding bikes on downtown streets on Thurs-Sun
are hammered after 8pm.
everyday. I bet 7 of 10 hipsters riding bikes on downtown streets on Thurs-Sun
are hammered after 8pm.
02-01-2013, 03:54 PM
#4
Nordschleife Master
Thread Starter
So you don't need a license to drive a e-bike but if you have a licenses it will get taken away. Can you even kill someone on an e-bike.
02-01-2013, 04:00 PM
#5
Pocket Sand
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You could still get public intoxication or one of those more misdemeanorish offences.
Any of the rennlist cops want to chime in on this?
02-01-2013, 04:34 PM
#7
Captain Obvious
Super User
Super User
But most of these ebikes have pedals.....so of you are pedaling it (aka charging while running the motor) is it considered as a bike (with electric asist) or a motor vehicle? What if the rider is out of juice and is pedaling it, like a normal bike, but they are loaded to the gills? This is going to be interesting when the case goes to court. Also, how is it possible that the criminal code saya one thing and the HTA the oppsite?
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02-01-2013, 04:57 PM
#8
02-01-2013, 07:54 PM
#9
Drifting
02-01-2013, 08:09 PM
#10
Nordschleife Master
Thread Starter
I think that would be an electric scooter. I don't consider a pedal-assist bicycle the same thing and they don't go as nearly as fast.
02-01-2013, 08:17 PM
#11
Captain Obvious
Super User
Super User
In the eyes of the HTA, they are bith the same. Did some light reading on this and if mentions the exqct same things that others, including me, has asked here.
02-01-2013, 08:22 PM
#12
Nordschleife Master
Thread Starter
Then there are electric wheel chairs that can do almost 20km an hour. I don't know but there must be some real ***** who make up these rules.
07-09-2013, 08:17 AM
#14
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“The difference is the power,” said Const. Allan Davidson, of Toronto traffic services. “You don’t have to pedal an e-bike; it will move on its own. That makes it a motor vehicle under the Criminal Code.”
Scooter style ebikes and conventional style ebikes are functionally both the same thing, capable of being pedaled or driven by a small electric motor. The reason they are classed as bicycles is that the electric power is the same as can be generated by a fit cyclist muscle power, and the maximum speed is that which can be sustained by a fit cyclist on level ground. Ebikes are legislated to be slow and weak as a fit cyclist, in return they get the privileges of a cyclist.
There is a vast array of different styles of ebikes, the most ones seen are the scooter styled and conventional styled. However the regulations permit two and three wheeled, recumbent, moped style, and cargo bikes as well as velomobile, as long as they do not exceed the strict legal guidelines. To regulate that they have to look like "conventional" bicycles would stifle innovation. What happens as bicycles styles change? At one time a conventional bicycle was a penny-farthing style, or even tricycles were in vogue for a while.
As far as them being "dangerous" there are no studies or statistics to back this up, just some vague "safety concerns" with no substance, and reports of people being startled as an ebike silently came upon them unawares and "wizzed" by them. Often cited is the ebike weight, but when you add a rider that weighs more than either an ebike or an bicycle, the weight of the rider becomes more of a consideration. In fact, at the slow speeds that ebikes and bicycles ride at, an ebike at 20 km/h has less kenetic energy than a bicycle at 30 km/h, and in a pedestrian collision, at slow speeds, it is the fall to the ground of the pedestrian rather than the initial impact that caused most injuries and deaths. While I have seen no reports of ebikes causing death, studies of bicycles show pedestrian deaths invariably are the result of sculls hitting pavement, and this can equally be accomplished by roller bladers, bicycles and ebikes. The scooter style ebikes have smaller wheels and wider tires, thus more maneuverable and more rubber on the road, have a lower center of gravity, therefore more stable, have better brakes, and more safety equipment like horn, lights and mirrors therefore can be arguably safer than bicycles. Besides, when a pedestrian is struck by a bicycle, when the front wheel stops turning the cyclist is propelled over the handlebars, so a struck pedestrian gets initially hit, dashed to the ground, then might suffer the indignity of a rider landing on top of them. A roller blader has the poorest of brakes, has no bell, and has like a bicycle unlimited speed.
Quite frankly ebikes should be removed from the Criminal Code, nobody should get a criminal charge for riding a bicycle, which ebikes legally are (except the CC) in both Federal and Provincial legislation. The problem now is once the ebike has been re-classed as a motor vehicle for ONE infraction, law enforcement is now laying on charges for ALL infractions. For example if a rider has lost their license under the CC, under the CC the ebike is a motor vehicle so they can be criminally charged with driving without a license. They can also now be charged for this motor vehicle for no plates, no insurance, fail to produce, etc., as once it is a motor vehicle, it is also a motor vehicle under Provincial laws, and all protection and exemptions are off the table.
07-09-2013, 09:42 AM
#15
Pro
The reason ebikes are in the Criminal Code is that they have always been there and were also in the Motor Vehicle Safety Act until 2001. When the Federal Government did a study and removed ebikes in 2001 as motor vehicles under the MVSA it neglected to do so under the CC.
Scooter style ebikes and conventional style ebikes are functionally both the same thing, capable of being pedaled or driven by a small electric motor. The reason they are classed as bicycles is that the electric power is the same as can be generated by a fit cyclist muscle power, and the maximum speed is that which can be sustained by a fit cyclist on level ground. Ebikes are legislated to be slow and weak as a fit cyclist, in return they get the privileges of a cyclist.
There is a vast array of different styles of ebikes, the most ones seen are the scooter styled and conventional styled. However the regulations permit two and three wheeled, recumbent, moped style, and cargo bikes as well as velomobile, as long as they do not exceed the strict legal guidelines. To regulate that they have to look like "conventional" bicycles would stifle innovation. What happens as bicycles styles change? At one time a conventional bicycle was a penny-farthing style, or even tricycles were in vogue for a while.
As far as them being "dangerous" there are no studies or statistics to back this up, just some vague "safety concerns" with no substance, and reports of people being startled as an ebike silently came upon them unawares and "wizzed" by them. Often cited is the ebike weight, but when you add a rider that weighs more than either an ebike or an bicycle, the weight of the rider becomes more of a consideration. In fact, at the slow speeds that ebikes and bicycles ride at, an ebike at 20 km/h has less kenetic energy than a bicycle at 30 km/h, and in a pedestrian collision, at slow speeds, it is the fall to the ground of the pedestrian rather than the initial impact that caused most injuries and deaths. While I have seen no reports of ebikes causing death, studies of bicycles show pedestrian deaths invariably are the result of sculls hitting pavement, and this can equally be accomplished by roller bladers, bicycles and ebikes. The scooter style ebikes have smaller wheels and wider tires, thus more maneuverable and more rubber on the road, have a lower center of gravity, therefore more stable, have better brakes, and more safety equipment like horn, lights and mirrors therefore can be arguably safer than bicycles. Besides, when a pedestrian is struck by a bicycle, when the front wheel stops turning the cyclist is propelled over the handlebars, so a struck pedestrian gets initially hit, dashed to the ground, then might suffer the indignity of a rider landing on top of them. A roller blader has the poorest of brakes, has no bell, and has like a bicycle unlimited speed.
Quite frankly ebikes should be removed from the Criminal Code, nobody should get a criminal charge for riding a bicycle, which ebikes legally are (except the CC) in both Federal and Provincial legislation. The problem now is once the ebike has been re-classed as a motor vehicle for ONE infraction, law enforcement is now laying on charges for ALL infractions. For example if a rider has lost their license under the CC, under the CC the ebike is a motor vehicle so they can be criminally charged with driving without a license. They can also now be charged for this motor vehicle for no plates, no insurance, fail to produce, etc., as once it is a motor vehicle, it is also a motor vehicle under Provincial laws, and all protection and exemptions are off the table.
Scooter style ebikes and conventional style ebikes are functionally both the same thing, capable of being pedaled or driven by a small electric motor. The reason they are classed as bicycles is that the electric power is the same as can be generated by a fit cyclist muscle power, and the maximum speed is that which can be sustained by a fit cyclist on level ground. Ebikes are legislated to be slow and weak as a fit cyclist, in return they get the privileges of a cyclist.
There is a vast array of different styles of ebikes, the most ones seen are the scooter styled and conventional styled. However the regulations permit two and three wheeled, recumbent, moped style, and cargo bikes as well as velomobile, as long as they do not exceed the strict legal guidelines. To regulate that they have to look like "conventional" bicycles would stifle innovation. What happens as bicycles styles change? At one time a conventional bicycle was a penny-farthing style, or even tricycles were in vogue for a while.
As far as them being "dangerous" there are no studies or statistics to back this up, just some vague "safety concerns" with no substance, and reports of people being startled as an ebike silently came upon them unawares and "wizzed" by them. Often cited is the ebike weight, but when you add a rider that weighs more than either an ebike or an bicycle, the weight of the rider becomes more of a consideration. In fact, at the slow speeds that ebikes and bicycles ride at, an ebike at 20 km/h has less kenetic energy than a bicycle at 30 km/h, and in a pedestrian collision, at slow speeds, it is the fall to the ground of the pedestrian rather than the initial impact that caused most injuries and deaths. While I have seen no reports of ebikes causing death, studies of bicycles show pedestrian deaths invariably are the result of sculls hitting pavement, and this can equally be accomplished by roller bladers, bicycles and ebikes. The scooter style ebikes have smaller wheels and wider tires, thus more maneuverable and more rubber on the road, have a lower center of gravity, therefore more stable, have better brakes, and more safety equipment like horn, lights and mirrors therefore can be arguably safer than bicycles. Besides, when a pedestrian is struck by a bicycle, when the front wheel stops turning the cyclist is propelled over the handlebars, so a struck pedestrian gets initially hit, dashed to the ground, then might suffer the indignity of a rider landing on top of them. A roller blader has the poorest of brakes, has no bell, and has like a bicycle unlimited speed.
Quite frankly ebikes should be removed from the Criminal Code, nobody should get a criminal charge for riding a bicycle, which ebikes legally are (except the CC) in both Federal and Provincial legislation. The problem now is once the ebike has been re-classed as a motor vehicle for ONE infraction, law enforcement is now laying on charges for ALL infractions. For example if a rider has lost their license under the CC, under the CC the ebike is a motor vehicle so they can be criminally charged with driving without a license. They can also now be charged for this motor vehicle for no plates, no insurance, fail to produce, etc., as once it is a motor vehicle, it is also a motor vehicle under Provincial laws, and all protection and exemptions are off the table.
