EUC Legality in Canada

[The Moo]

Hey Guys,

I just finished reading up on the definition of an electric bike in  Canada, and an EUC almost fits. Here is an excerpt from the Power-assisted Bicycle Laws.

Quote

Power-assisted bicycle means a vehicle that:

• (a) has steering handlebars and is equipped with pedals,

• (b) is designed to travel on not more than three wheels in contact with the ground,

• (c) is capable of being propelled by muscular power,

• (d) has one or more electric motors that have, singly or in combination, the following characteristics:

  • (i) it has a total continuous power output rating, measured at the shaft of each motor, of 500 W or less,

  • (ii) if it is engaged by the use of muscular power, power assistance immediately ceases when the muscular power ceases,

  • (iii) if it is engaged by the use of an accelerator controller, power assistance immediately ceases when the brakes are applied, and

  • (iv) it is incapable of providing further assistance when the bicycle attains a speed of 32 km/h on level ground,

• (e) bears a label that is permanently affixed by the manufacturer and appears in a conspicuous location stating, in both official languages, that the vehicle is a power-assisted bicycle as defined in this subsection, and

• (f) has one of the following safety features,

  • (i) an enabling mechanism to turn the electric motor on and off that is separate from the accelerator controller and fitted in such a manner that it is operable by the driver, or

  • (ii) a mechanism that prevents the motor from being engaged before the bicycle attains a speed of 3 km/h

Source

Search for "power-assisted bicycle"

Okay. Break down time!

• (a) The extendable handle is the steering handlebar and there are obviously pedals on an EUC.
• (b) One wheel is definitely less than three.
• (c) Technically someone could scoot the EUC like a skateboard using muscular power. Why someone would do that, I don't know!
• (d)
  • (i) Here is where the problem starts. A KS-16S for example is 1200W, even the Pocket Rocket (MTen 3) has a motor of 800W.
  • (ii) Does not apply, instead uses (iii)
  • (iii) The accelerator controller is the gyro, so when you leans back, the power ceases and then starts to act as the break.
  • (iv) Just lock the EUC to 32km/h in the manufacturer's app. (I know it should be factory limited but Shhhh! )
• (e) Another problem, there for sure is not a label on the wheel.
• (f)
  • (i) You could technically pop a power squat while riding and hit the on/off button. Again, why would someone ever do that? (someone please post a photo of this!)
  • (ii) Disregard as it was an "or" and part (i) was used

 

Canada is very close to having EUC's fully legal as a power-assisted bicycle!

What could be some presentable arguments about an EUC having more than 500W and not having a little sticker?

Any help in this research would be appreciated!!

Edited March 27, 2019 by The Moo

[The Moo]

I know that @Hunka Hunka Burning Love is the main Canadian EUCist on the forum, but I want to get the opinions of all other parka hooded, maple syrup loving Canadians on the legalities!

[Mono]

It is generally recognized (by experts and in several other jurisdictions, IIRC) that self-balancing vehicles need more motor power than other PLEVs for safety reasons.

[Hunka Hunka Burning Love]

I'm no expert on the legalities  as I used to ride like a dark ninja in the illegal zone, ever on the lookout for authorities.  In Vancouver they've even made electric skateboards illegal to ride on sidewalks (search for @musk's postings) so unless someone has some influence on city council to change the bylaws I'm not holding my breath.    Also considering the speed capabilities of EUCs, it's a difficult case to make to allow them legally where pedestrians roam.  It's like trying to legalize a 50 kph electric moped/motorcycle to be ridden on a sidewalk.  Yup, likely not gonna happen.  Still, I see cyclists zooming at 40-60 kph down park pathways not even slowing down while passing pedestrians so it's kind of a legal grey area in terms of speed.

Edited March 29, 2019 by Hunka Hunka Burning Love

[Rehab1]

On 3/27/2019 at 3:56 PM, The Moo said:

I know that @Hunka Hunka Burning Love is the main Canadian EUCist on the forum

Most US northerners are constantly reminded of @Hunka Hunka Burning Love’s origin as his country’s Canadian Geese droppings muck up our wheels.  

Edited March 29, 2019 by Rehab1

[RockyTop]

1 hour ago, Rehab1 said:

Most US northerners are constantly reminded of @Hunka Hunka Burning Love’s origin as his country’s Canadian Geese droppings muck up our wheels.  

Those Geese are spies. We are being invaded!! You can’t keep them out of the nuclear power plants and theme parks. ........OK, I can’t explain the theme park but they are planning something!

@Hunka Hunka Burning Love Is probably telling them what to do thru VR. They must have found a way to poison our waters with mutated maple syrup or something. They are quite aggressive when you get near those maple trees! They are plotting something.

The eh’ sounds they make is some kind of secret test. Or! .... Maybe it is how they talk to the geese? ....  We are on to you Canada 

[The Fat Unicyclist]

[yourtoys7]

at some point Im sure authorities will ligalize many electric rides, I never ride major streets and always ride slower where pedestrians are.

[syrupnew]

after they legalized pot, euc should not be an issue

 

[TonyGrayCanada]

In BC, they're classed as 'Low powered vehicles' and are illegal to use on roads, sidewalks and bike paths:

https://www.icbc.com/vehicle-registration/specialty-vehicles/Low-powered-vehicles/Pages/Default.aspx

I generally ride my V10f on bike paths, bike lanes, side streets and only use the sidewalk as a last resort.

I expect I'll eventually wind up talking to the police here in Victoria, but nothing so far.  Another poster suggested smiling and waving, which sounds like the best approach to me.

[Hatchet]

The police situation in Vancouver is grim.

I recently emailed my representative (something I suggest all Canadians do), Dr. Hedy Fry complaining about this and 6 months later, got this reply a couple weeks ago:

"I also would like to say that the interaction you experienced with the police officer was unacceptable. Harassment and threats has no place in the police department.
The legality behind electric vehicles can be found here.<https://www.icbc.com/vehicle-registration/specialty-vehicles/Low-powered-vehicles/Pages/Default.aspx> On this page you’ll find that there is strict regulation on what kinds of vehicles are allowed and not allowed on the bicycle routes in BC. After looking into your electric unicycle, I would assume that its similar to a motorized skateboard or self-balancing board. These are not allowed to be on the road or bike lane because it does not meet provincial safety requirements.

What troubles me is that it seems like these laws are enforced on a case-by-case basis by the officer(s) on duty. I think if one is to adopt a law, it should be consistent. Furthermore, the steep fine of over $600 dollars seems harsh as it is less than a speeding ticket in BC. I also am concerned about the nature of the law. Our city is becoming increasingly connected through different methods of sustainable, carbon free transportation, like your electric unicycle. If we are to move towards a greener economy, there should be legal, insured, and safe alternatives for people to use.
This matter is overseen, however, by the provincial or municipal government depending on if you were affected by a BC law or a bylaw. The best way to have you voice heard is to contact the Premier of BC..(blah blah)"

Not good

At least she is concerned the ridiculous law isn't being applied evenly.

 

[TonyGrayCanada]

Thanks @Hatchet, good for you for writing to Hedy Fry.  I think we need a letter writing campaign to our MLAs to start a conversation about this.  I expect that ICBC only concern themselves with maintaining the risk pool for automotives and have no motivation to promote eco friendly urban mobility.  I'll post when I get some letters sent off.

[TonyGrayCanada]

An article on legality of scooters, nothing very new, but a nice quote from the mayor of Victoria about trying to get the law changed.

[wanabeEUC]

I would like to say the problem is some riders don't care drive like crazy person. Also the government makes it worse buy stating 500w and 32kmh rules. they should just say 32kmh and about wattage who cares the speed limit is set. just like a car speed limit in Toronto 50kmh, but cars have 100 hp or 240hp etc..  does not matter the limit is set at 50kmh.  Just had to put in my two cents worth. I read people say if turned I would have been hit by this person, I say yes possible but they forget these people know how to ride them just like a bike rider they can get out of the way just the same. So basically they (government ) have to do something to make it fair for riders and non riders, I believe the best way is to put a speed limit (depending where riding) not wattage limit. Thank you for reading my first post,sorry about ranting but i believe this is the way go forward.

[Harold Farrenkopf]

I just recovered my password for this account.... My Facebook account was removed for its access and my other account I made I can't access.

Been a while since I was on here because of that and mainly using an iphone now.

I haven't been riding much these days because of COVID being airborne and having an unvaccinated 3yr old grandchild.

I saw a couple riding inmotions at Lowes yesterday and hear there are many more EUCs here now.

Have you had an encounter?

 

[OldFartRides]

Welcome back !

[Boofheadeu]

I have been riding EUC's in Vancouver British Columbia for about 6 years. Have ridden about 30,00 Kilometers and never had a problem with  the Police. Greater Vancouver is a large area with different areas, all the places I have ridden have different police departments and, even though the wheels are not legal the police don't ever seem to bother anyone who is padded up and riding sensibly. 

I hope that gives an idea of what it is like to ride in Canada.

Tony

't

[techyiam]

2 hours ago, Boofheadeu said:

Have ridden about 30,00 Kilometers and never had a problem with  the Police. Greater Vancouver

Does this include riding in lanes with traffic? Or do you just ride along the sides?

Edited April 21, 2022 by techyiam

[Boofheadeu]

have man bike lanes in Vancouver that is where I normally ride. On some occasions I will ride beside cars on the road, but not very often.

[VikB]

I haven't had any issues riding an EUC on Vancouver Island. I ride courteously at bicycle speeds and don't dress up like robo cop so I don't draw a lot of attention to myself. If there is a bike lane I'll use it. If not I'll ride on the road. I don't ride on the sidewalk unless it's a very short distance to my destination or to get around something I otherwise wouldn't be able to ride.

[jamusdevil]

Hello Everyone,

I have been riding for 3 months in Ottawa, On. I have been only questioned by the police on what the vehicle I'm riding and how it is powered. I have only met 3 people who ride Inmotion V11's. I ride an Inmotion V8F, I wear full protective gear, use hand gestures to signal turning, stopping and have extra visible lighting. I have not been stopped as of yet by police or ticketed. I do ride a lot of bike paths and yield for pedestrians. It also has helped me to carry a bulb honking horn on a cord around as a sachel, which works real well in urban high vehicle areas. On the NCC bike paths here are limited to 20 kmh and I will use the app to set the speed control. I have read other posts that I could be ticketed in places like Montreal from as much as $174 to which I will test out next month.  Happy riding and keep those wheelies coming!

 

[RagingGrandpa]

23 minutes ago, techyiam said:

In Canada it is already too late. New legislation came in effect in February 2021, ruling any PEV'S imported into or manufactured in Canada, which has a top speed exceeding 32 km/h, or resembles legal motor vehicles in part or in whole, are no longer unregulated, and now have to comply with the Canada Motor Vehicle Safety Act. That means they are now illegal in Canada. One can play the off-road use card, but then you would have to argue with the Canadian Motor Vehicle and Traffic Safety Branch of Transport Canada. This federal agency doesn't go after the individual owners. They go after the importers and manufacturers. Similar agencies at the provincial and municipal level go after the individual owners or operators. 

Interesting...

Quote

https://www.cbsa-asfc.gc.ca/publications/dm-md/d19/d19-12-1-eng.html
Restricted-use vehicle is a new vehicle classification that was added to the MVSR on February 4, 2021 and replaced the restricted use motorcycle class and now includes, side-by-side utility-terrain vehicles, dune buggies (both not previously regulated) and a few other vehicles that meet the new definition.

When the following conditions apply, restricted use vehicles are not regulated under the MVSA IF:

• (a) Manufactured on or after February 4, 2021, any all-terrain vehicles, dirt bikes, side-by-side utility terrain vehicles (UTVs), dune buggies and other similar off-road vehicles, designed to operate at speeds that don’t exceed 32 km/h (or 20 mph). Note, that those capable of exceeding these speeds, manufactured after this date are regulated.
• (b) Manufactured prior to February 4, 2021, side-by-side utility-terrain vehicles (UTVs) and dune buggies regardless of maximum speed capability.

If it appears that a restricted-use vehicle is not designed exclusively for off-road use because it has enough design features for practical on-road use, it can result in the vehicle being deemed as belonging to a regulated class of on-road vehicle. Also, products equipped with speed limiters are assessed by first taking into consideration the untethered speed capacity of the vehicle. In cases where the vehicle's design makes it highly impractical to remove a speed governing mechanism, TC may, on a case by case basis, consider the speed limitation as valid. In such cases the CBSA should seek further clarification from TCM before allowing its release

Power-assisted bicycles are not regulated as restricted use vehicles by TC as long as they are designed to operate off-road at speeds not exceeding 32 km/h (or 20 mph). For further information, please refer to TC’s article, “Importing Power Assisted Bicycles”.

So has this actually affected EUC availability in Canada yet?

[techyiam]

57 minutes ago, RagingGrandpa said:

So has this actually affected EUC availability in Canada yet?

Not that I know of. I don't know if this is true anymore, but they don't usually put in as much effort, nor enforce as stringently when the vehicles in question are in low numbers. The part you quoted is from CBSA and relates mostly to off-road recreational vehicles, that got expanded from restricted motorcycles. Interesting that they put in e-bikes in there too. Powerful e-bikes are doomed.

Also, my guess is that CBSA is not familiar with euc's yet. 

[VikB]

Something can be illegal without any enforcement. I doubt any customs officials are digging too deeply into the specs on the few EUC shipments coming into Canada and I would imagine you can pass them off as hoverboard-esque toys at first glance. That said it would only take one high profile incident [kill a child in DT Toronto] and suddenly the Gov't can pay a lot of attention to EUCs.

The best thing we can do is ride courteously and keep a low profile to stay under the radar.

[techyiam]

12 hours ago, VikB said:

The best thing we can do is ride courteously and keep a low profile to stay under the radar.

+1

And don't go out of your way to educate CBSA officers. With the law passed, I don't think CBSA needs an order from Transport Canada to halt shipment when the law is so clearly spelled out. They plainly don't have to ask Transport Canada for clarification. Transport Canada may not care to enforce this law on euc's, because the intent of the law is normally for vehicles imported in large numbers. Unfortunately, CBSA can enforce this law on their own because they can legally.

Edited July 14, 2022 by techyiam