rscamp said:
John. The current laws in Ontario have some glaring gaps. Until they are updated and/or tested in court, these gaps will remain. But I suggest to you that if your design meets the criteria including the label, you are selling legal ebikes. If it has too much continuous power available at the drive wheel, it is no longer an ebike.
As the situation with kits isn't expressly covered in the current laws, the obvious thing to do is make the effort to buy a kit that can be compliant and install it in a compliant manner without alteration or bypassing of any required safety features. Then any sort of issue would seem very unlikely.
Based on what I have seen, I would guess that 90% of complete 'legal' ebikes sold in Ontario are actually NOT compliant due to having the capability of >500W continuous mechanical power available at the drive wheel.
I dont think there is any question as to the ambiguity of the current legislation regarding ebikes. There are literally hundreds of people in this city alone (perhaps thousands) that drive bikes that are powered by ebike kits. For the local police force to target one individual and not the others, well..Im not worried about them giving me a ticket based on that criteria. This trike is currently in compliance, as the controller can be modified via computer. Testing would reveal that the trike would not be able to go faster than 30 KPH. Testing the power of the unit would also reveal that the CONTINUOUS power output would be 500 watts or less, but there are no current ways for the police in this city to test it anyway. There is no mention of electric bike "kits" in the legislation so this now becomes ambiguous at best..that is to say:
3. Is a power-assisted bicycle the same as an e-bike?
Yes. An e-bike is considered a power-assisted bicycle as long as it meets all the requirements of the Motor Vehicle Safety Act.
When i go to the Requirements of the Safety Act i find this:
Safety and Equipment Requirements
6. What safety requirements are in place for e-bikes?
To operate an e-bike on Ontario’s public roads, the following vehicle safety and operator requirements are in place:
E-bike must not weigh more than 120 kg (includes the weight of bike and battery).
All operators and passengers must be at least 16 years of age.
All operators and passengers must wear an approved bicycle or motorcycle helmets.
All electrical terminals must be completely covered.
Two independent braking systems consistent with requirements for motorcycles and motor-assisted bicycles (mopeds) that applies force to each wheel and is capable of bringing the e-bike, while being operated at a speed of 30 km/h, to a full stop within 9 metres from the point at which the brakes were applied.
The minimum wheel width or diameter shall not be less than 35mm/350mm.
No modifications to the motor to allow it to exceed a power output greater than 500W and a speed greater than 32 km/h.
The battery and motor must be securely fastened to the vehicle to prevent them from moving while the e-bike is operating.
There is no mention of a validation sticker. A manufacture compliance sticker of the bike itself is meaningless and N/A because the bike itself started life as a bicycle and now is powered, hence question number 3. In the legislation, i think they left out this crucial part as in part 18:
18. What does an e-bike label say?
Sample label
THIS VEHICLE IS A POWER
ASSISTED BICYCLE AND
MEETS ALL THE
REQUIREMENTS UNDER
SECTION 2(1) OF THE
CANADA MOTOR VEHICLE
SAFETY REGULATIONS.
Manufacturers of e-bikes must permanently affix a label, in a conspicuous location, stating in both official languages that the vehicle is a power-assisted bicycle as defined in the regulations under the federal Motor Vehicle Safety Act.
Notice that it says, MANUFACTURES OF EBIKES must affix a label. That is where the law falls down with ambiguity as far as a kit is concerned. It is my logical assertion that therefore a bike with an electric kit does NOT require a label, based on section 18 as it was NOT manufactured as an ebike!!
As a potential manufacture of an electric trike i am going to inquire as to a manufacture compliance label, but in the meantime, since my trike is in compliance with section 6 i WILL continue to drive and promote it, just as hundreds of other people in this city do every day without fear of prosecution.
Thanks for all the replies!
John
