Electrically assisted bicycles without license plates, sometimes intercepted at 79 km / h, illustrate the problem represented by these machines which take advantage of a legal vagueness to gain popularity.
While many electrically-assisted bicycles look like traditional bicycles, many take on the look of a motorcycle, to which pedals and a chain are added to comply with regulations.
It is this type of assisted bicycle that a citizen of Montreal was driving when the police intercepted him at 40 km / h on Saint-Laurent Boulevard in August 2020.
In Lachute, on May 24, 2021, the police had intercepted the same type of device, this time at 79 km / h, when the culprit was even prohibited from driving due to an offense for impaired abilities.
The Highway Safety Code defines the power-assisted bicycle as a bicycle with pedals which cannot exceed 32 km/h, when propelled by the engine, the police officers therefore gave a $300 ticket to the drivers, since the motorcycle n was not plated.
In both cases, the motorcyclists disputed the offence, claiming they were driving an electric bicycle.
A chain and pedals
Indeed, their “motorcycle” was equipped with a chain and pedals folded to the side, the motorcyclist using only the power of the battery to move.
According to the judges, the fact of having traveled at more than 32 km / h meant that the machine did not fall into the category of power-assisted bicycles. Except that this type of challenge is increasing in the courts throughout Quebec.
A similar case concerning a motorized toy vehicle went to the Superior Court, where the judge invited the legislator to “review the provisions applicable to this new transport sector”, while speaking of “legal vagueness”.
It is that these “motorcycles” sometimes weighing 125 lb comply in all respects with the current regulations for electric bicycles, provided that they do not exceed 32 km/h.
“There are many manufacturers who have played with this definition, to pass a whole bunch of electric scooters into the category of electric bikes”, denounces Magali Bebronne, spokesperson for Vélo Québec.
As proof, an identical motorcycle, but devoid of pedals, can reach 90 km/h and circulate legally on the roads provided it is registered by a holder of a motorcycle license.
Unblock the engine
However, on social media, videos show how to unlock the engine and take it from its limit of 32 to 90 km/h.
“Cohabitation becomes very dangerous”, argues Mme Bebronne, who asks the SAAQ and the Ministry of Transport to act as quickly as possible to clarify the regulations.
On the side of the SAAQ, we assure that we are in “reflection” within the framework of legislative work to better regulate the machines.