INTRODUCTION
Electric bicycles ("e-bikes") are bicycles with an added battery-powered electric motor that assists the rider with pedalling by increasing the amount of power to the wheels. The added power enables the rider to pedal with less effort and makes navigating challenges like hills and strong winds easier. E-bikes have become an increasingly popular mode of transportation in Ontario. Not only is it an enjoyable way to explore city streets and scenic paths, but it is also an efficient way to commute to work. E-bikes have also become popular among delivery workers and couriers.
Not long ago, e-bikes were considered a novelty. The rapid influx of e-bike use can cause confusion for drivers, riders, and pedestrians who are unsure how e-bikes fit into the rules of the road and community infrastructure.
Below is a comprehensive overview of e-bike use in Ontario and what motor vehicle operators need to know to protect these vulnerable riders.
WHAT ARE ELECTRIC BIKES?
Requirements for E-Bikes in Ontario
According to the Government of Ontario, to be legally operated on Ontario roads, e-bikes must meet specific requirements, including weight and speed limits.
The e-bike must have:
- Steering handlebars
- Working pedals
- Two to three wheels
- A maximum assisted speed of 32 kilometers per hour
- A maximum weight of 120 kilograms (including the weight of the bike and battery)
- An electric motor not exceeding 500 watts
- No modifications to the motor to allow it to exceed a power output greater than 500 watts and an assisted speed greater than 32 kilometers per hour
- Battery and electric motor securely fastened to the bicycle frame to prevent them from moving while the e-bike is operating
- All electrical terminals properly insulated
- Minimum wheel width of 35 millimeters and minimum diameter of 350 millimeters
- Two independent braking systems that applies force to each wheel and is capable of bringing the e-bike, while being operated at a speed of 3 kilometers per hour, to a full stop within 9 meters, on a level asphalt surface, from the point at which the brakes were applies.
- A permanent label from the manufacturer in both English and French stating that the e-bike conforms to the federal definition of a power-assisted bicycle
Removing the pedals makes the e-bike a motor vehicle pursuant to the Highway Traffic Act ("HTA"), meaning you would require a licence, insurance, and registration to operate. It is also against the law to modify an e-bike's electric motor to make it more powerful or to increase the assisted speed of the bike.
Requirements for E-Bike Riders in Ontario
Under the HTA, e-bikes are not classified as motor vehicles and thus are not subject to the same regulations as motor vehicles. However, there are specific requirements that e-bike riders must meet to be legal for Ontario roads.
To ride an e-bike, the rider must:
- Be 16 years of age or older
- Wear an approved bicycle or motorcycle helmet
- Keep the e-bike in good working order
- Follow the same rules of the road as other cyclists
It is important to note that the Government of Ontario has given Royal Assent to the Moving Ontarians More Safely Act, which will make significant changes to e-bike laws in Ontario.
TRAFFIC LAWS AND SAFETY REQUIREMENTS FOR E-BIKE RIDERS
Rules of the Road for E-Bike Riders
An e-bike can be operated on:
- Most roads and highways where conventional bicycles are permitted
- Bicycle lanes and cycling routes where e-bikes are permitted
- Multi-use trails or paths where e-bikes are permitted
An e-bike cannot be operated on:
- Certain provincial controlled access highways, such as the 400 series, the Queen Elizabeth Way, the Queensway in Ottawa, or the Kitchener-Waterloo Expressway
- Municipal roads, including sidewalks, where bicycles are banned under municipal bylaws
- Municipal roads, sidewalks, bike paths, bike trails or bike lanes where e-bikes are prohibited
- Within a pedestrian crossover to cross the street. If you want to cross a road inside a pedestrian crossover or crosswalk, you must walk your bike to the other side
- Within a crosswalk at any intersection or location with traffic signals
Designated Bike Lanes and Traffic Signal Compliance
E-bike riders must obey bicycle traffic signals where they are installed and regular traffic signals otherwise. If both a traffic signal and a regular traffic signal apply to the same lane, the rider must obey the bicycle signal. Signal priority is important for motor vehicle operators to understand, as bicycle traffic signals may have riders stopping and proceeding at different intervals than regular traffic signals. Motor vehicle operators should remain vigilant and keep a proper lookout for e-bike riders. This ensures a safe and harmonious coexistence on the road.
While many municipalities allow e-bike riders to ride on "bike only" lanes and paths when the motor is not engaged, this is not the case everywhere. Riders may need to share a lane with motor vehicle traffic, increasing the need for motor vehicle operators to take extra care when travelling close to vulnerable riders.
Helmet Requirements
Wearing a helmet can significantly reduce the risk of injury or death if you fall or collide with a car, pedestrian, or other cyclist. It is illegal to operate an e-bike on Ontario roads without a helmet.
The best helmet is one that:
- Fits properly
- Is worn correctly
- Has been manufactured to meet strict safety standards.
IMPLICATIONS FOR PERSONAL INJURY CLAIMS
Insurance Coverage
E-bikes are not classified as motor vehicles in Ontario and have separate laws and regulations. Unlike motor vehicles, e-bike riders do not need a driver's licence, vehicle permit, licence plate, or motor vehicle insurance to ride. The cost savings are substantial. However, exemption from the mandatory insurance requirement has consequences. If a rider is involved in a collision with another pedestrian or another e-bike rider, there will be no automobile insurance coverage for property damage to the e-bike or other damaged property, and there will be no coverage for physical injury.
Further, access to accident benefits is limited to a person in an "accident" wherein the operation of a motor vehicle causes the injury or impairment. These benefits are not accessible for e-bike riders unless another motor vehicle is involved.
Traffic laws that apply to bicycles also apply to e-bikes, so riders must follow the same rules of the road as regular cyclists. Cyclists must comply with all traffic laws under the HTA, just like other road users, and can be charged for disobeying these laws. Key sections of HTA relating to cyclists can be found in Ontario's Guide to Safe Cycling.
In Ontario, e-bikers are typically treated as cyclists and pedestrians under the HTA, meaning they often have the right of way on the roads. If another party is at fault, fully or partially, the e-bike rider can file a lawsuit to seek compensation for damages.
More e-bikes on the road increases the likelihood of collisions and injuries. As e-bikes become more common in Ontario, it is crucial that drivers of motor vehicles take extra precautions to ensure the safety of e-bikers and cyclists alike. Some of the most common causes of e-bike and cycling collisions are:
- Driver inattention
- Distracted driving
- Excessive speed
- Illegal and unsafe turns
- Doorings
- Failure to provide one meter of space when passing
- Lack of safe infrastructure for e-bikers and cyclists, including bike lanes
- Disrepair of road and debris
- Lack of care, consideration, and respect for e-bikers and cyclists
Legal Representation
Following an e-bike collision, the injured rider may require treatment, income replacement, and other forms of compensation to facilitate recovery. E-bike personal injury claims have complex issues of liability, insurance coverage, and damages. This complexity means serious injuries resulting from e-bike collisions will likely require litigation and settlement negotiation to receive the compensation you deserve. It is important to consult with an experienced personal injury lawyer who can help you navigate these complexities.
CONCLUSION
With e-bike sales continuing upward, this cost-effective and environmentally friendly mode of transportation is likely here to stay. Motor vehicle operators must understand how e-bikes fit into the road to better protect vulnerable riders.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.