Riding Impaired on an E-Bike? You Can be Charged.

September 18, 2018, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

OPP in Elliot Lake made an interesting arrest last weekend. CTV Northern Ontario reported that the OPP spotted an e-bike with two people on it, and that it was weaving down the road. When the police turned on their lights to pull the bike over the e-bike rider flipped them the finger. You can imagine that didn't end well for the bike riders. The OPP pulled them over and issued the 32-year-old driver an impaired driving charge.

E-bikes falls under the Criminal Code of Canada's definition of a motor vehicle, so drunk riders can be charged with impaired driving charges. The Highway Traffic Act of Ontario, however, doesn't classify the e-bike as a motor vehicle. Because e-bikes have pedals, they're considered bicycles.

Information from the MTO regarding e-bikes:

Frequently Asked Questions

Q1: What safety requirements are in place for e-bikes?

To operate an e-bike on Ontario's public roads, the following vehicle safety and operator requirements are in place :

• E-bikes must not weigh more than 120 kg (includes the weight of bike and battery).
• All operators and passengers must be at least 16 years of age.
• All operators and passengers must wear an approved bicycle or motorcycle helmets.
• All electrical terminals must be completely covered.
• Two independent braking systems consistent with requirements for motorcycles and motor-assisted bicycles (mopeds) that applies force to each wheel and is capable of bringing the e-bike, while being operated at a speed of 30 km/h, to a full stop within 9 metres from the point at which the brakes were applied.
• The minimum wheel width or diameter cannot be less than 35mm/350mm.
• No modifications to the motor to allow it to exceed a power output greater than 500W and a speed greater than 32 km/h.

The battery and motor must be securely fastened to the vehicle to prevent them from moving while the e-bike is operating.

Q2: Can I remove the pedals from my e-bike?

No. If you remove the pedals from your e-bike, it is no longer considered to be an e-bike because it does not conform with the Highway Traffic Act definition of a power-assisted bicycle. Removing the pedals makes it an illegal vehicle. You could be ticketed for operating a motor vehicle without registration and insurance.

Q3: Can I modify my e-bike so it can go faster than 32 km/h?

No. Modifying your e-bike to increase its speed beyond 32 km/h will no longer qualify it as an e-bike.

Q4: My e-bike weighs more than 120 kg. Can I ride it in Ontario?

Currently, only e-bikes weighing 120 kg and under are allowed on Ontario's public roads as e-bikes. A weight greater than 120 kg will no longer qualify as an e-bike. You may then face moped or limited-speed motorcycle licensing, registration and insurance requirements.

Q5: Can I operate an e-bike if my driver's licence has been suspended?

It depends on the particular circumstances that led to your licence suspension. If your licence is suspended because of a conviction that has resulted in a driving prohibition under the Criminal Code of Canada, you cannot legally operate an e-bike.
If your driver's licence has been suspended under other circumstances, you should discuss your situation with a licensed legal practitioner before deciding to operate an e-bike.

Q6: Can I carry passengers on my e-bike?

You can carry passengers on your e-bike if it was designed for more than one person. Passengers are not allowed on a bicycle designed for one person.
You should check the manufacturer's information to see if your e-bike was designed to carry passengers. E-bike passengers must be at least 16 years old.

Q7: What are the penalties for riding an e-bike while drunk?

Drinking and driving a motor vehicle is a Criminal Code offence and charges are laid under the Criminal Code of Canada. Under the Criminal Code, the definition of a "motor vehicle" includes an e-bike, and anyone operating an e-bike intoxicated could be charged for impaired driving. If convicted, the offender would be subject to the Criminal Code penalties, including a fine or jail time, and a driving prohibition.

Under the Highway Traffic Act, an e-bike is not classified as a motor vehicle, so penalties for impaired driving under the Act would not apply.

Q8: Can municipalities pass by-laws prohibiting e-bikes?

Yes. Municipalities have the ability to prohibit where e-bikes may travel on roads, paths, trails and other property under their jurisdiction.

About Deutschmann Law

Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.deutschmannlaw.com or call us at 1-519-742-7774.

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