Ontarians, I need your help.
This week I was pulled over by the police for having a kid’s seat on my e-bike. I was informed this is illegal in Ontario as Sec. 38 of the HTA doesn’t allow anyone under the age of 16 to be on a power-assisted or motor assisted bicycle.
In 2021 the Moving Ontarians More Safely Act came out that separated power-assisted bicycles (like e-bikes) from motor assisted bicycles (like dirt bikes). This will finally allow child seats on e-bikes.
Please call your MPP to get this bill that passed and assented 3 years ago into law.
Details on the wording of the current and assented laws:
currently the Highway Traffic Act, section 38, states : “No person who is the owner or is in possession or control of a motor assisted bicycle or power-assisted bicycle shall permit a person who is under the age of 16 years to ride on, drive or operate the motor assisted bicycle or power-assisted bicycle on a highwau”
the Moving Ontarians More Safely Act, 2021, S.O. 2021, C. 26 - Bill 282 splits this into a few sections: “No person under the age of 14 years shall operate a power-assisted bicycle described in clause (a) of the definition” “No person under the age of 16 years shall operate a power-assisted bicycle described in clause (b) or ©” and the new section 38.1: “No person under the age of 16 years shall ride on, drive or operate a motor assisted bicycle on a highway” From my perspective this will make e-bikes legal to have kids seats; and separate the class away from gas and electric dirt bikes.
Also, talk to them about Ford wanting to ban new bike lanes
It is preposterous that an Act passed in 2021 has portions that are yet to come into force.
Sorry I can’t help since I’m not Canadian, but it’s absolutely insane that another person can’t ride on power-assisted bike.
In my experience in the US, you just have to pay the fine even if the law changes.
No set fine, it’s a court appearance; according to the cop who pulled me over.
Were you on a highway when this happened? It sounds like the law restriction is just highway usage.
All roads are “highways” in the legislation. You’re maybe thinking of controlled-access highways.
I see, for anyone else here is the definition from the HTA
“highway” includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof; (“voie publique”)
Specifically I was on a two lane road on front of a Tim Hortons. Because where else would a cop be hanging out.
Contact The Biking Lawyer. They’d be all over this case.
No case yet, I was given a warning not charged.
I’ll still reach out, they’re likely tied into the right people.
