Our website is made possible by displaying online advertisements to our visitors.
Please consider supporting us by disabling your ad blocker.

Ontario Highway Traffic Act

Discuss the Ontario Highway Traffic Act.


Post Your Traffic Ticket, and Get Help!


The Ontario Traffic Ticket Forum!


All times are UTC - 5 hours [ DST ]




Post new topic Reply to topic  [ 18 posts ]  Go to page 1, 2  Next
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

Electric Bike DUI Impoundment?
Author Message
PostPosted: Wed Sep 30, 2009 4:01 pm 
Offline
Newbie

Joined: Wed Sep 30, 2009 3:51 pm
Posts: 7
My father had previously gotten a DUI in his vehicle. Then shortly after they got him again on his cheapo Canadian Tire electric bike. He's old and didn't know such laws regardin the electric bike.

Now we have the option of getting the bike back, but apparently it's in a tow truck yard being stored. I'm scared to see how much they're going to want for us to get it back considering it's been about 3 weeks.

I guess my question is, do they even have the right to impound the bike like this? It's not a bicycle, yet not a motor vehicle... Are they trying to hose us hoping we don't know better?

Any help is greatly appreciated.

Thanks. :(


Top
 Profile  
 
PostPosted: Wed Sep 30, 2009 4:12 pm 
Offline
Newbie

Joined: Wed Sep 30, 2009 3:51 pm
Posts: 7
Whoa, just saw this:

http://www.mto.gov.on.ca/english/dandv/ ... .shtml#a17

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" would include 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. However, under this pilot regulation, an e-bike would not be a motor vehicle under the Highway Traffic Act, so penalties for impaired driving under the Act would not apply.

Does that mean they can't charge him?!


Top
 Profile  
 
PostPosted: Wed Sep 30, 2009 4:45 pm 
Offline
Sr. Member
User avatar

Joined: Thu Feb 26, 2009 11:45 am
Posts: 709
Location: Orillia
An electric bicycle (power-assisted bicycle) is a bicycle as far as the HTA is concerned, aside from the fact that you must be over 16 to ride one and you must wear a helmet.

If it was road legal to begin with (limited to 32 km/h and whatever else the MTO requires) then it does not qualify as a motor vehicle, excluding it from Criminal Code impaired/over 80 charges as well as the HTA administrative suspension. Careless driving charges can apply.

_________________
         Image


Last edited by Squishy on Wed Sep 30, 2009 5:12 pm, edited 2 times in total.

Top
 Profile  
 
PostPosted: Wed Sep 30, 2009 4:52 pm 
Offline
Newbie

Joined: Wed Sep 30, 2009 3:51 pm
Posts: 7
Thanks for the reply. So he definitely can't be charged with DUI, let alone an impoundment? What should we do now then?


Top
 Profile  
 
PostPosted: Wed Sep 30, 2009 7:06 pm 
Offline
Moderator
User avatar

Joined: Tue Apr 22, 2008 7:21 am
Posts: 2933
Location: In YOUR rearview mirror!
Squishy wrote:
If it was road legal to begin with (limited to 32 km/h and whatever else the MTO requires) then it does not qualify as a motor vehicle, excluding it from Criminal Code impaired/over 80 charges as well as the HTA administrative suspension. Careless driving charges can apply.


HTA and Criminal Code definitions for a motor vehicle are different

_________________
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


Top
 Profile  
 
PostPosted: Wed Sep 30, 2009 7:25 pm 
Offline
Sr. Member
User avatar

Joined: Thu Feb 26, 2009 11:45 am
Posts: 709
Location: Orillia
Oops, was just thinking "impaired" and "bicycle." Had a bit of impairment myself with my pizza. :oops:

So while the licence suspension can't be applied, he would not have been allowed to continue driving while impaired, thus the vehicle was towed.

_________________
         Image


Top
 Profile  
 
PostPosted: Wed Sep 30, 2009 7:55 pm 
Offline
Newbie

Joined: Wed Sep 30, 2009 3:51 pm
Posts: 7
Does anyone have a link to the Criminal Code? I can't seem to find it anywhere.

*Edit* I found it.

http://laws.justice.gc.ca/en/ShowTdm/cs ... 0090929/en

It doesn't define power-assisted bicycles as a motor vehicle. So this has got to be a BS charge.


Last edited by Thai on Wed Sep 30, 2009 8:24 pm, edited 1 time in total.

Top
 Profile  
 
PostPosted: Wed Sep 30, 2009 8:21 pm 
Offline
Sr. Member
User avatar

Joined: Thu Feb 26, 2009 11:45 am
Posts: 709
Location: Orillia
http://laws.justice.gc.ca/en/frame/cs/C-46//20090929/en

Impaired is 253.

_________________
         Image


Top
 Profile  
 
PostPosted: Wed Sep 30, 2009 8:27 pm 
Offline
Newbie

Joined: Wed Sep 30, 2009 3:51 pm
Posts: 7
"motor vehicle"
« véhicule à moteur »

"motor vehicle" means a vehicle that is drawn, propelled or driven by any means other than muscular power, but does not include railway equipment;



This is interesting because I have a clipping from the newspaper that mentioned when my dad got pulled over.

Quoted in the newspaper article:

"Police want to remind riders of electric bikes that they are defined as motor vehicles in the Criminal Code and anyone operating one while impaired can be charged with alcohol-related driving offences."

Is there an amendment to the definition of Motor Vehicle in the Criminal Code that I am unaware of?


Top
 Profile  
 
PostPosted: Wed Sep 30, 2009 8:35 pm 
Offline
Sr. Member
User avatar

Joined: Thu Feb 26, 2009 11:45 am
Posts: 709
Location: Orillia
An electric motor qualifies as "other than muscular power" so it is a motor vehicle under the Criminal Code.

O.Reg 473 allows a power-assisted bicycle to be treated as simply a bicycle under the HTA as long as it meets the standards of the CMVSA. However, that is provincial legislation and cannot modify the Criminal Code.

_________________
         Image


Top
 Profile  
 
PostPosted: Wed Sep 30, 2009 8:46 pm 
Offline
Newbie

Joined: Wed Sep 30, 2009 3:51 pm
Posts: 7
Squishy wrote:
An electric motor qualifies as "other than muscular power" so it is a motor vehicle under the Criminal Code.

O.Reg 473 allows a power-assisted bicycle to be treated as simply a bicycle under the HTA as long as it meets the standards of the CMVSA. However, that is provincial legislation and cannot modify the Criminal Code.


I also found this:

http://www.mto.gov.on.ca/english/dandv/ ... -faq.shtml

If a police officer stopped someone who is drunk while driving an e-bike, how would they be charged? Would this be a Criminal Code offence? HTA offence?

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" would include 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. However, under this pilot regulation, an e-bike would not be a motor vehicle under the Highway Traffic Act, so penalties for impaired driving under the Act would not apply.


So from what I gather, they can charge him with Impaired over 80 from the Criminal Code, but maybe can't punish him? That doesn't make much sense.


Top
 Profile  
 
PostPosted: Wed Sep 30, 2009 9:09 pm 
Offline
Sr. Member
User avatar

Joined: Thu Feb 26, 2009 11:45 am
Posts: 709
Location: Orillia
It means that he can be charged criminally and suffer those consequences (fine, imprisonment, driving prohibition), but they can't administer the roadside licence suspension which is under the Highway Traffic Act. That includes the new 50 milligram roadside suspension, but if he is impaired at that level then it once again falls under the Criminal Code.

_________________
         Image


Top
 Profile  
 
PostPosted: Wed Sep 30, 2009 9:20 pm 
Offline
Newbie

Joined: Wed Sep 30, 2009 3:51 pm
Posts: 7
So pretty much we're SOL.

Impoundment applies.
Charge can't be fought.

:( :( :(


Top
 Profile  
 
PostPosted: Wed Sep 30, 2009 9:45 pm 
Offline
Sr. Member
User avatar

Joined: Thu Feb 26, 2009 11:45 am
Posts: 709
Location: Orillia
Charges can always be fought.

_________________
         Image


Top
 Profile  
 
PostPosted: Wed Sep 30, 2009 10:57 pm 
Offline
VIP
User avatar

Joined: Wed Nov 14, 2007 8:27 pm
Posts: 959
Location: Guelph, Ontario
At least for the impound charges, you can try to call some impound lots for the price and press the owner on that.

_________________
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 18 posts ]  Go to page 1, 2  Next

All times are UTC - 5 hours [ DST ]


Related topics
 Topics   Author   Replies   Views   Last post 
There are no new unread posts for this topic. Owner Notification in writing of Vehicle Impoundment Letter

HTANub

4

746

Thu Nov 20, 2014 6:46 am

OPS Copper View the latest post

There are no new unread posts for this topic. Electric Cars in Ontario?

[ Go to pageGo to page: 1, 2 ]

racer

17

1729

Wed Jun 18, 2008 11:16 pm

admin View the latest post

There are no new unread posts for this topic. Electric cars are a GO in Ontario

racer

12

497

Fri Jul 31, 2009 3:36 pm

ticketcombat View the latest post

There are no new unread posts for this topic. Should Canada allow electric cars on the roads?

admin

6

685

Wed Jun 25, 2008 10:04 am

racer View the latest post

There are no new unread posts for this topic. Tipped over a bike

oopsiedaisy

1

754

Fri Aug 16, 2013 12:05 pm

oopsiedaisy View the latest post

This topic is locked, you cannot edit posts or make further replies. Riding in an e-bike and charged?

LuckyMe

3

757

Thu Dec 08, 2011 2:16 pm

Radar Identified View the latest post

There are no new unread posts for this topic. E-Bike on the sidewalk colision

matt123

4

465

Sun May 31, 2015 8:57 am

matt123 View the latest post

There are no new unread posts for this topic. No light on bike after dark

[ Go to pageGo to page: 1, 2, 3 ]

Keegan

35

1124

Sat Dec 19, 2015 11:09 pm

jsherk View the latest post

There are no new unread posts for this topic. DUI with G1

neoseeker

13

3654

Sat Sep 26, 2015 9:48 am

jsherk View the latest post

There are no new unread posts for this topic. Bike Lanes Ticket in NYC

admin

8

499

Sun Jun 12, 2011 1:34 am

Radar Identified View the latest post

There are no new unread posts for this topic. Riding the bike to the shop and almost got sidewiped

matt123

0

638

Tue Jan 03, 2012 11:29 am

matt123 View the latest post

There are no new unread posts for this topic. can i be charged with DUI if...

beleafer81

6

6681

Sun Jan 31, 2010 9:41 pm

Radar Identified View the latest post

 


Who is online

Users browsing this forum: No registered users and 4 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
Web Development & Search Engine Optimization
Home | Court Listings | Ontario Traffic Ticket

Copyright 2007 - 2017 © Microtekblue Inc. Web Development & Search Engine Optimization Service. We Support phpBB All Rights Reserved.