What I dont agree with is the end result that a motorized bike is not insurable, nor drivable on public roads.
I am not new to getting the run around from the MTO.
Last year I had bought a Chinese made ATV that everyone from OPP officers to Service Ontario employees told me that I could never have it registered.
2 weeks later, I had ownership, a plate, insurance and was ready to ride.
Everyone was amazed for some reason, and I dont know why because it wasnt that hard.
Now for the real conversation. The HTA (highway traffic act) defines a Moped as the follow.
A moped has the following characteristics:
Weight of 55 kilograms or less
Attached motor driven by electricity or having a piston
displacement of no more than 50 cubic centimetres
Pedals that are operable at all times and may be used to propel
No hand¬ or foot operated clutch or gearbox driven by the
motor and transferring power to the driven wheel
Maximum speed of 50 km/h on level ground within 2 kilometres
from a standing start
My motorized bicycle meets every one of these requirements, it is less than 55kg, and has a 49cc engine, pedals operate all the time, and it cant go faster than 50km/h. The only thing it has that states is not allowed is a HAND or FOOT OPERATED CLUTCH.
So as far as I am concerned, If I modify my bike to use a centrifugal clutch or auto clutch, and remove the hand operated clutch. It will meet all the characteristics that make it a MOPED.
Second problem is VIN and registering it with MTO. Read the note below, specifically highlighted in bold. The bike I used as my frame for the engine was very intentionally chosen as a 1982 mountain bike. This way I can meet the classifications below that states it was made before 1983. Which is now is since the bike was a 1982. It doesnt say anything about the motor being made prior to 1983, and I would make the argument that you can replace a motor in an older moped with a replacement motor that is new and have no issues, so neither should I.
So now I will be going to the MTO and sign a self-declaration stating that the vehicle is a moped AS DEFINED BY THE HTA, which it will be once I remove the clutch. The MTO will then issue me a new VIN # and registration.
Under the Highway Traffic Act, mopeds are not considered
motorcycles; however, mopeds require you to have the same types
of riding skills as required for motorcycles, and you must hold a
valid motorcycle class licence (an M1, M2(L), M2, M(L) or M) in
order to drive on Ontarios public roads. Your moped must also be
registered with the Ministry of Transportation and have a valid
moped licence plate attached. When registering your moped at a
Driver and Vehicle Licence Issuing Office, you must show the
new vehicle information statement (NVIS). If your moped is a
1983 or earlier model, and you do not have an NVIS, you may
make a self declaration that the vehicle is a moped as defined
under the Highway Traffic Act. After registering, you will be
given a vehicle permit and a moped licence plate.
The important thing to recognize if that IF YOU MAKE YOUR MOTORIZED BICYCLE fit into the category that classifies what a MOPED is when you can REGISTER IT AS A MOPED.
Cops can only enforce the law. They cant make them up, or give you a hard time because you MEET THE REQUIREMENTS OF THE LAW.
There is nothing in the HTA that states we cannot make a vehicle fit into a classification is there?
Does anything think I am missing anything here?
I dont see why this will not work. Again assuming the clutch is removed.
This will be a legal moped at this point. With the correct mirrors, lights, horn etc. as well.
I think the worst case scenario, being that you still get in trouble. You can use the defense that has already been cited as precedence, and claim that is is not against the law to drive a vehicle that is uninsurable on the public road, since there is no opportunity for registration or insurance.
In my mind this is the MTO's problem, they should be working towards a new classification for these vehicles, because they are not going away, and actually save the environment compared to 6L v8 engines stuck on the DVP all day. They don't care about pollution, that is obvious.
If the MTO hasn't figured out what to do, that's their failure as a part of our government.
I am not worried either way. I will continue to ride my motorized bicycle around.
It's interesting though. Keep us posted but I do think you could get tickets until you get the paperwork sorted out through the MTO.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !
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