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. :(
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?
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?!
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.
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.
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.
Last edited by Squishy on Wed Sep 30, 2009 5:12 pm, edited 2 times in total.
HTA and Criminal Code definitions for a motor vehicle are different
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
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.
Oops, was just thinking "impaired" and "bicycle." Had a bit of impairment myself with my pizza.
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.
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.
Does anyone have a link to the Criminal Code? I can't seem to find it anywhere.
"motor vehicle" « vehicule » 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?
"motor vehicle"
« vehicule » 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?
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.
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.
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.
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.
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.
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.
There is no impound...The bike was towed to get it off the street...All you have to do is pay tow fee...... The only impound is the 45 day that falls under the Ontario HTA for people convicted previously.. But the HTA penalties do not apply, Note everyday you leave your bike in the tow yard cost about 80/day i think....Since I know when this happened I would think that by now the cost would be more than the bike... GS
There is no impound...The bike was towed to get it off the street...All you have to do is pay tow fee......
The only impound is the 45 day that falls under the Ontario HTA for people convicted previously..
But the HTA penalties do not apply,
Note everyday you leave your bike in the tow yard cost about 80/day i think....Since I know when this happened I would think that by now the cost would be more than the bike...
Ouch, thats no good. Cheer up. E-bikes are now allowed on roads in Ontario. If youd like some information about all the new e-bike rules you can check out my blog. http://transportationlaw.wordpress.com/ ... tion-news/
Ouch, thats no good. Cheer up. E-bikes are now allowed on roads in Ontario. If youd like some information about all the new e-bike rules you can check out my blog. http://transportationlaw.wordpress.com/ ... tion-news/
Ebike riders that got into Grandpa's cough medicine can and have been charged with impaired. Its a legit charge since its a motor vehicle as defined by the CCC. Since it is not a motor vehicle as defined by the HTA, ADLS suspensions do not apply. It still needs to be towed from the road since you can't leave it there for someone to steal.
Ebike riders that got into Grandpa's cough medicine can and have been charged with impaired. Its a legit charge since its a motor vehicle as defined by the CCC. Since it is not a motor vehicle as defined by the HTA, ADLS suspensions do not apply.
It still needs to be towed from the road since you can't leave it there for someone to steal.
We all know that numerous police agencies around Ontario (and world for that matter) set up speed traps in inconspicuous locations to catch motorists who are speeding.
If you know of any speed traps that are in regular use please post them here for all to know and avoid speeding fines.
Format: Town, Location, Direction, known days of operation (if known).
I received a speeding ticket this past weekend, and although the officer was nice and gave my 6yo a coupon for a free slushy, I want to fight the ticket.
The officer wrote the offence as "95km/h in a posted E0 km/h zone" the "E" being what looks like a written backwards 3. Now I know and you can probably guess he intended to write an 8 but that is not what is there it is an incomplete 8 and…
Need some help as i was given a old version yellow ticket(Form4) with improper left turn by an officer last week, which is old version printed by 2009. Then two days later, the officer found me giving a new version ticket with color green(Form4), printed by 2012. The details on face pages for two tickets are similar, but back sides are different. My question is first yellow ticket is effective or…
I was charged of speeding, but I don't know what the radar Decatur Genesis II Select Directional VIP is? please let me know what kind device is this and if any one have the manual can you give it to please pleaseeeee.
Recently I got a ticket for disobey sign under the HTA. From where I turned on to the street, the sign was visible for less than 10 metres, during which time I was performing safety checks for upcoming turn. ( I'll post full details after I first get some advise. )
What is the best defense for this? I took some digital pictures but my camera does not do .raw photos and at that time I had not…
I was turning left from Creditview into the left lane of Argentia Road (in Missisauga), while a police cruiser driving the opposite direction turning right into the right lane of Argentia Road. As I saw the cruiser turning right into the right lane of Argentia Road, I also turned left into the left lane of Argentia Road. The officer stopped me and told me that I was wrong, I had to wait until…
So I was on my way home, going a solid 120 as usual in the fast lane. Someone decides to cut me off going less than 100. I do a quick double lane change and speed up unknowingly hitting apparently 150. After speeding for a mere 20 seconds, I am pulled over. Cop says he reduced the ticket to 49 over, I was charged $359 for that. Of course, my insurance isn't in my car... I had to take it out…
After doing quite a bit of research, I stumbled across this forum and thought it would be a good idea to get some opinions about the situation that I currently find myself in. Hopefully some of you may have experienced this in the past and can provide me with some guidance for the best course of action. Thank you in advance for all your help. I greatly appreciate it.
I was driving on a two-lane Trans-Canada route where the indicated speed limit was 90 km/h and following a car for about 15 minutes. That car was going between 70 to 80 whenever there was a curve or a hill going up ahead. Passing was either not permitted or not safe in those sections. However, whenever there was an opportunity to pass that car, the driver would increase its speed to about 115…
My elderly mother received a city bylaw ticket (Ottawa) for parking on private property. A tow trunk was at the scene to tow the vehicle, and they charged a "drop fee" to unhook the vehicle right away. The bylaw officer who issued the ticket was present and said that the ticket would get dismissed in court (as it was issued in error), and that there should be a way to apply to get the tow…
I went to Huntsville for buying a horse trailer in Thursday.
Got 1 ticket of careless driving nearby east gate of Algonquin Park. They police said he received a complaint that my pickup truck hit the road shoulder and disturbed some gravel dust.
I found a police car traced me, so I turn to a roadside motel. After I parked my vehicle, and heading to motel office, the police car arrived gently…
My trial for a speeding ticket is coming up. I have followed recommendations off ticketcombat website and have sent 3 disclosure requests (without phone number) and have received nothing. At the day of trial it will be about 10 months since the ticket was issued.
I guess the first step will be to ask the court for an adjournment during the Motions, "Your Worship, I would like to ask for an…
Last week I was driving though downtown and because of the slippery / wet conditions could not stop when the light was turning yellow to red and slid in to the intersection. I was hit by another car (near the headlamp). None of us were injured, there was significat damge to the cars. The air bags did not deploy.
I was given a ticket that reads : Red Light - fail to stop - H.T.A sect 144 (18) Fine…
a few years ago, I posted about getting a 19+over ticket and said it was a ridiculous ticket since it was down a hill and everyone drives that 10-20 over.
Everyone here claimed I was outrageous to be driving over the limit by ANY amount and I was driving wildly for doing so. Since those two years have passed, I've stuck to the speed limit...guess what happens?
About a month ago, I got a funny situation where a cop made a u-turn to stop in a very showy fashion (that scared and surprised me) because he almost hit me while doing that.
Anyhow, he claimed that he metered me while he was driving towards me so he said his car is equipped to meter opposite coming cars as he drives. I filed the ticket and I was convicted within few days - an…
My wife got a speeding ticket on a construction zone on Hwy 400 and I went to court to try to defend her.
I ordered the disclosure request and got it on the first trial.
The first trial my strategy was to say there was conflict and misunderstanding of road signs. The prosecutor told me I could not confirm that since I personally wasnt there the day of the offence, and my wife has to…
So I had a guy turn across my lane into his driveway and I hit him. I'm going to court solo so I need any information at all regarding proceedings.
I clearly saw two police officers on scene and got disclosure from only one of their black-books even though they both took notes, one from me and one from him. He got a ticket which I will explain in the next paragraph. I don't see any driving history…
So Again, I really don't know how I'm attracting attention to myself, but I am.
Saturday at 1:30 in the morning I was pulled over on the 400 for 142 in a posted 100 Zone. Honestly, I know I was speeding, but I thought maybe 110-120 (I'm trying to clean up my act.) Anyways, Pulled over, Ticketed, Explained 3 options on the back, and we departed on our way.
Hey everyone. Back last summer I got a parking ticket for being within 3m of a fire hydrant. Funny thing is, I parked (in my estimation) at least far enough away from it, deliberately. There were no markings on the pavement but I can't believe I was within 10 feet of that thing (sorry I suck at metric.)
It's only $20 but I was ticked off 'cause I don't park in front of fire hydrants and don't…
I have been charged with driving under suspension due to medical reasons, It was suspended in Mar and In apr I got a new car put it on the road and the License Breau said nothing to me to let me know it was still suspended. I have been to court 2x for this matter first time I asked for adjurnment to seek a resoultion, 2x I went I ask for another adjurnment to seek a resolution because the CA had…
