Power Assisted Bicycles E-Bikes/E-Scooters

Power Assisted Bicycles OBJECTIVES Upon completion of this presentation, you will: Understand the differences of Electronic Bicycles (E-Bikes) and Personal Mobility Devices Understand the Laws Governed to them Understand the City of Cornwall Traffic and Parking By-laws Understand the ways to enforce the rules to these different devices

Background In 2009, the Ontario provincial government passed legislation permitting the use of electric bicycles On roadways Highways Must follow Rules of bicycles Personal mobility devices (motorized wheelchairs) may also be considered electric powered vehicles More notes

Electric Bicycles (E-Bike) Electric Bicycle (E-Bike) bicycle with an integrated electric motor use a rechargeable battery travel up to 32 km/h required to have operable pedals they must be able to pedal the E-Bike. several different types of e-bikes

Electric Bicycles (E-Bike) The following pictures show two very different styles of E-Bikes

Highway Traffic Act/ E-Bike Power Assisted Bicycle Offences Offence HTA Section – E-Bikes Set Fine  Court Fee  Victim Fine  Total  Permit person under 16 on power -assisted bicycle 38(2)  $N.S.F  $N.S.F Improper brakes on power – assisted bicycle  64(2)  $85.00  $5.00  $20.00  $110.00  Fail to wear proper helmet on power – assisted bicycle  103.1(2)  $85.00 Power Assisted Bicycles have certain offences under the Highway Traffic Act which they must follow including: No person under the age of 16 can operate or be on a power assisted bicycle. All parties on a Power Assisted Bicycle must wear a bicycle helmet See Appendix A

Highway Traffic Act Offences Cyclist Offences Offence HTA Section - Bicycle*  Set Fine  Court Fee  Victim Fine  Total  Improper lighting  62(17)*  $85.00  $5.00  $20.00  $110.00  Improper brakes  64(2)  No bell or defective bell  75(5)  $85.00 Fail to wear proper helmet 104(2.1)*  $60.00  $15.00  $80.00  Disobey stop sign, fail to stop  136(1)(a)  $20.00 Red light fail to stop  144(18)  $260.00  $5.00 $325.00  Careless driving  130  $400.00  $490.00  Fail to yield to pedestrian  140(1)(a)  $150.00  $25.00  Drive wrong way - one way traffic  153  Bicycle - fail to turn out to right when overtaking  148(6)*  Cyclist - ride in or along crosswalk  144(29)*  Cyclist - fail to stop to identify self  218(2)*  Ride 2 on a bicycle  178(2)*  Highway Traffic Act Offences E-Bikes operators are required to follow the rules of the road governed to them by the Highway Traffic Act. The Highway Traffic Act governs the operators of Power assisted bicycles to follow the rules of the road assigned to bicycles being: See Appendix B

Highway Traffic Act/E-Bike Regulations Highway Traffic Act Regulation 369/09 -Unladen Weight more than 120 kg 1 $85.00 $5.00 $20.00 $110.00 -Wheel width less than 35 mm 2(1) $5.00  -Wheel diameter less than 350 mm 2(2) $110.00  (battery\Motor) not securely fastened 3(1) $85.00  $20.00  Motor fails to disengage as required 3(2) -Electric terminals not insulated or covered 4 Fails to stop within 9m 5 -speed or power modified 6 Not in good working order 7 Power assisted Bicycles are also governed by regulations in the HTA. See Appendix C

City of Cornwall Traffic And Parking By-law 069-1989 See Appendix D Bicycles 50. (1) A person driving a bicycle upon a roadway shall: (a) drive as near the right-hand side of the roadway as practical, and (b) drive as near the right-hand or left-hand side of the roadway as practicable, and (c) exercise due care when passing a standing vehicle or one proceeding in the same direction. (3) Persons operating bicycles upon a roadway shall do so in single file. (4) No person operating a bicycle shall carry any package, bundle or article which prevents the rider from keeping both hands on the handle bars. (5) No person riding a bicycle on a highway shall remove his or her feet from the pedals white the bicycle is in motion. (6) No person shall park a bicycle on a highway except in such a manner as to cause the least possible obstruction to pedestrian or vehicular traffic. (7) No person shall ride a bicycle with a wheel or wheels more than sixty (60 cm) centimetres in diameter upon a sidewalk on any highway. (8) No person above the age of 12 years shall ride a bicycle upon a sidewalk.

Cyclist Offences By-Law By-Law Section – Bicycle* Set Fine  Court Fee  Victim Fine  Total  Ride Bicycle not in Single File  50(3)* $55.00 $5.00  $15.00  $75.00  Ride Bicycle on Sidewalk  50(7)* $15.00 $75.00 Drive Wrong Way on one way traffic 27 $5.00 Disobeying a no Left/Right turn Sign 29 The city of Cornwall has a by-law in place which deals with Bicycles being operated on the roadway. The definition of bicycle has the word power assisted bicycle in it which they would then have to fall into this category. Interesting note of the Bicycle By-law is there is only 2 short form wording and set fines created available for officer enforcement. Of these two, one is not enforceable being the ride bicycle on sidewalk due to Dimensions of 60 cm diameter on certain bicycles. See Appendix E

Motor Vehicle/Sidewalk Offences By-Law In 2011 The city of Cornwall amended the current Traffic and Parking By-law Section 39 to include power-assisted Bicycle in the wording for Motor Vehicles. Motor Vehicle/Sidewalk Offences By-Law Offence By-Law Section Set Fine  Court Fee  Victim Fine  Total  Drive Motor Vehicle upon a Sidewalk 39(1) $55.00 $5.00  $15.00  $75.00  Drive Motor Vehicle upon a Footpath $15.00 $75.00 Drive Motor Vehicle over a raised curb 39(2) $5.00 Drive vehicle on Boulevard 39(3) See Appendix F

Prohibited use of Power Assisted Bicycle in Lamoureux Park City Council of Cornwall has also passed the prohibition of E-Bikes in certain areas of Lamoureux Park. Below is a photo of this exclusion.

Impaired Driving E-Bikes Should an individual be operating a power assisted bicycle while using the power and intoxicated by alcohol or a drug, this person may be arrested and charged for impaired operation of a motor vehicle.

Personal Mobility Devices/ Wheelchairs Sometimes also called a medical scooter personal mobility device is a motorized wheelchair driven by muscle power or other types of power, including electric motors designed for use by people whose mobility is limited by one or more medical conditions.

Personal Mobility Devices/ HTA Highway Traffic Act Personal mobility devices are not considered motor vehicles and operators are considered to be pedestrians Do not require to be registered Insured Licence plates Valid Driver’s Licence. Helmet

Personal Mobility Devices/Scooters These devices are often seen riding on the: Sidewalk Roadway towards traffic away from traffic carrying packages on them/extra people

Personal Mobility Devices/Scooters Most Importantly these devices can: Travel up to 32 km/h Requires no helmet Requires no ownership Requires no insurance Requires no Driver’s Licence

City of Cornwall Traffic And Parking By-law 069-1989 See Appendix G WHEELCHAIRS  50.A (1) A person driving a wheelchair upon a roadway shall: (a) drive as near the right-hand side of the roadway as practical, and (b) exercise due care when passing a parked, stopped or standing vehicle or one proceeding in the same direction. (c) bear the slow moving vehicle sign required by the Highway Traffic Act. Regulation 616 and comply with any other provisions required by any applicable legislation, including Regulation 625 of the Highway Traffic Act. (d) be equipped with mirrors attached to the wheelchair or to the operator and placed in such a position as to afford the operator a clearly reflected view of the roadway in the rear, or of any vehicle approaching from the rear.   (2) A person driving a wheelchair upon a roadway designated for one-way traffic shall: (a) obey and follow the designated one way street direction. (b) drive as near the right-hand side of the roadway as practicable, and (c) exercise due care when passing a standing vehicle or one proceeding in the same direction. (3) Persons driving wheelchairs upon a roadway shall do so in single file. (4) When on the roadway at any time from one-half hour before sunset to one-half hour after sunrise and at any other time when, due to insufficient light or unfavourable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 150 meters or less, a wheelchair shall carry on the front thereof a lighted lamp displaying a white or amber light and on the rear thereof a lighted lamp displaying a red light

City of Cornwall Traffic And Parking By-law 069-1989 Continued See Appendix G (5) No person driving a wheelchair shall carry any package, bundle or article which prevents the operator from keeping both hands on the handle bars or one hand on the joystick control, which would prevent safe operation of the wheelchair. (6) No wheelchair towing, hauling, pulling or pushing any kind of attachment, except those provided by the manufacturer as integral part of the equipment for the wheelchair, shall be operated upon a public highway or sidewalk. (7) No operator of a wheelchair shall permit any person riding upon a bicycle, coaster, roller skates, skis, wagon, toboggan, sled, or toy vehicle to attach the same, himself or herself to the wheelchair. (8) No person shall park a wheelchair on a highway except in such a manner as to cause the least possible obstruction to pedestrian or vehicular traffic. (9) No wheelchair shall be operated upon a public highway or sidewalk except for the purpose of the carriage of a person who has a physical defect or disability. (10) No wheelchair carrying more than one person shall be operated upon a public highway or sidewalk. (11) A person driving a wheelchair upon the sidewalk shall: (a) drive as near the right-hand side of the sidewalk as practical, and (b) exercise due care, slowing down, even coming to a full stop as the case may require, when encountering oncoming pedestrians or while overtaking pedestrians proceeding in the same direction, always yielding the right-of-way to pedestrians, which would ensure free movement and safety of other pedestrians. (c) be equipped with mirrors attached to the wheelchair or to the operator and placed in such a position as to afford the operator a clearly reflected view of the sidewalk in the rear, or of any pedestrian approaching from the rear.

Wheelchair Offences The city of Cornwall Traffic and Parking By-Law has no short form wording and no set fines for any of the wheelchair offences. The Highway Traffic Act has some charges available for enforcement.

Personal Mobility Devices Mobility Scooters driven by numerous different people no helmets, insurance, ownership, driver’s licence Can travel up to 32 KM/H Requirement to identify themselves to Police no legislation is currently available to police to require a pedestrian/wheelchair operator to identify themselves Before any changes are made to the wheelchair section of the By-Law, I am requesting the city give some consideration to the application of the Ontario Human Rights Code and the Accessibility for Ontarians with Disabilities Act, at the very least.

Enforcement/ Education Knowledge of each of these devices is important with understanding the rules: Wheelchairs E-Bikes

Enforcement Cornwall Community Police Service Highway Traffic Act permits a police officer to stop and require identification A cyclist found contravening the Act or any municipal by-law Police Officer may arrest Anyone who does identify himself/herself City of Cornwall Traffic and Parking By-Law #069-1989 Proper Set fines and short form wording should be made available to law enforcement to conduct by-law traffic enforcement.

Education Cornwall Community Police Traffic Unit Provide training to frontline members of the Cornwall Community Police Service educate the public on e-bike/bicycle cycling safety. media releases/Facebook/Twitter /local media increased enforcement

Recommendations It is recommended that formal training for all frontline personnel be completed Media releases and information be shared with the public to educate them. Establishing an up to date by-law applicable for Law Enforcement.

Recommendations Amend the current City of Cornwall Traffic and Parking By-Law, to have more enforcement options. Review all set fines and short form wordings to provide options to the police.

Questions???? For any further questions or concerns I am available to be reached at Cst. Matthew Dupuis #40 Cornwall Community Police Services- Traffic Unit 340 Pitt St. Cornwall, Ontario K6H 5T7 Collision Reconstructionist 613) 933-5000 Ext 2755 dupuis.m@cornwallpolice.com