So pretty much we're SOL.

Impoundment applies.
Charge can't be fought.

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/vehicle/emerging/e-bike-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...

"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...

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.

Thanks for the reply. So he definitely can't be charged with DUI, let alone an impoundment? What should we do now then?

Whoa, just saw this: http://www.mto.gov.on.ca/english/dandv/vehicle/emerging/e-bike-faq.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 ve...

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 h...