bamabikeguy
Active Member
http://news.guelphmercury.com/News/article/498691
Laws for electric bikes get confusing
While a licence isn't needed to drive one, some licence suspensions mean you can't
June 22, 2009
Tony Saxon
Mercury Staff
GUELPH
They might be inexpensive, convenient and environmentally friendly, but e-bikes are not a way to drive around the law.
While you don't need a driver's licence to drive one of the battery-operated bikes, the fact is if you have already lost your licence due to a Criminal Code infraction such as impaired driving, you are not allowed to ride them.
Guelph Police Sgt. Doug Pflug admits that might lead to some confusion for those who have lost their driver's licence and think e-bikes are an option.
"If you operate an e-bike after losing your licence, you can be charged with driving while disqualified," Pflug said. "It's a bit confusing because the law says you don't need a licence to operate one."
E-bikes are the brightly coloured moped-sized bikes seen with increasing frequency in Guelph. They operate on a battery not exceeding 500 watts or by pedal power and can't go faster than 32 kilometres per hour.
You can be as young as 16 to operate them and need to wear only a bicycle helmet.
There have been three charges of driving while disqualified charges in Guelph recently, two involving electric e-bikes and one involving a modified bicycle.
The Criminal Code states that a motor vehicle is anything "that is drawn, propelled or driven by any means other than muscular power, but does not include railway equipment."
Part of the confusion stems from the fact that e-bikes are looked at differently by different arms of the law.
Ministry of Transportation spokesperson Emna Dhahak said the Criminal Code considers e-bikes a motorized vehicle, while the Highway Traffic Act considers them a bicycle.
Therefore, if you lose your licence due to Highway Traffic Act violations, you are still allowed to operate an e-bike. But a Criminal Code infraction means you can't operate one.
Val Hamilton owns and operates Go Green Electric Bikes on Victoria Road South.
She admits she was a little confused as to the rules until recently, but it wasn't her fault. The Ministry of Transportation's own website was providing the confusing information.
Under "Frequently Asked Questions -- Power-Assisted Bicycle ("e-bike") Pilot Test" found on the ministry's site, one of the questions asks "If my driver's licence has been suspended, can I legally operate an e-bike?" The answer is: "You do not need a driver's licence to drive an electric bicycle."
True, but clearly not enough information, Hamilton said.
"I told people that, that the Ministry of Transportation says you don't need a licence," Hamilton said. "I don't want to mislead or misinform people. I was just going by the ministry's website."
The recent local arrests led to her questioning the rules and she made a call to the police. She now has sign sitting in plain view on her counter provided by Guelph Police that asks "Is Your Licence Under Suspension?" and informs potential buyers of the rules.
Hamilton admits the odd customer admits to having lost their licence when they come in looking at the e-bikes, which sell for around $1,600.
"Unfortunately, some have purchased a bike and are now being told they can't drive them. But I don't think it was clear to anybody," she said.
Apparently she's not the only one confused.
Warren Christiani of the Durham E-Bike Association said "Yes, you can operate an e-bike with a suspended licence."
Hamilton said the confusion is unfortunate and hopes it doesn't dissuade people from riding the bikes, which she has sold to everyone from 17-year-olds to 83-year-olds since opening last July.
"These bikes are the best things that can happen to this city. Guelph is such an environmentally friendly city. It's the best place for them."
MORE INFO
WHAT ARE E-BIKES?
- powered by electric motor not exceeding 500 watts
- maximum speed of 32 kilometres per-hour
- does not require insurance or driver's licence
- operators must be at least 16-years-old
- must wear a bicycle helmet
- must have pedals that are operable
tsaxon@guelphmercury.com
