The rise of e-bikes and e-scooters – What are my rights?

Submitted by: Julie Kern

Our streets are getting more congested each day, and as a result, people are turning to more accessible and reliable ways of getting to work, school and generally just getting around the city faster. You will have no doubt seen the rise in people flying down our city streets on electric bikes and scooters. Cars, bicycles, e-bikes, e-scooters and vespas are here to stay and we must all learn how to co-exist together.

What is an e-bike?

In Ontario, the law specifies what an operatable e-bike is. Specifically, an e-bike (or electric bicycle) is defined as a bicycle with an electric motor that has:

A handlebar for steering
Working pedals
Two or three wheels
Two independent braking systems, which when used at a speed of 30 km/hr can bring the e-bike to a full stop within 9 meters on a level asphalt surface
Has a maximum speed of 32 km/hr
Has a maximum weight of 120kg, including the weight of the batteries
The electric motor must not exceed 500 watts
Modifications to the e-bike to exceed 500 watts, or the maximum speed are illegal

When riding an e-bike, you must:

Be 16 years of age, or older
Wear an approved bicycle or motorcycle helmet
Keep your e-bike in good working order
If you are riding your e-bike on a trail, path or walkway in a public park or exhibition ground, the e-bike must be under manual pedal power only
Follow the same rules of the road as other cyclists:
- It is important to know that under the Highway Traffic Act, a bicycle and/or e-bike is considered a vehicle, just like a car or truck;
- This means you must obey all traffic laws (that means stopping at all stop signs, red lights, obeying designated bicycle traffic signals etc.);
- Must keep to the right (or stay in a designated bike lane if available) unless you are turning left, passing another vehicle, etc;
- You cannot ride your bike/e-bike on a sidewalk;
- You must have a bell or horn, and sounded whenever it is reasonably necessary to notify other cyclists, pedestrians or others of your approach;
- You cannot ride within a crosswalk (you must disembark your bike/e-bike and walk it through the crosswalk);
- You have the same rights and responsibilities as drivers;
- You cannot carry passengers if the bicycle is only meant for one person.

When is an e-bike not an e-bike?

If the pedals of the e-bike are removed, you must have a licence, insurance, and registration to operate the pedal-less e-bike.

What is an electric kick-scooter (e-scooter)?

In Ontario, there is presently a pilot project wherein each municipality may choose where and how e-scooters may be used.

To start, as of the writing of this article, the standing kick-style e-scooters – which have become very popular of late – are, in fact, illegal to ride in the City of Toronto. As a rider, you could be ticketed by the police. Fines for violating the requirements of the pilot program are $250-$2,500. It is important you check with your municipality to ensure the pilot program has been adopted and you are legally allowed to use an e-scooter in your city.

In the cities which are participating in the e-scooter pilot program, the e-scooter must have:

Two wheels (one at the front, and one at the back)
A platform to stand on
A handlebar for steering
Has a maximum speed of 24km/hr on a level surface
A maximum weight of 45 kg
A maximum power output of 500 watts
Brakes
A horn or bell
At least one white light on front, one red light on rear and reflective material on sides
A maximum wheel diameter of 17 inches

To operate an e-scooter you must:

Be at least 16 years old
Stand at all times while riding
Wear a bicycle helmet if under 18 years old
You cannot carry cargo
You cannot carry passengers
You must have a bell or horn and sound whenever it is reasonably necessary to notify other cyclists, pedestrians or others of your approach.
Follow the same rules of the road as other cyclists, e-bike riders:
- It is important to know that under the Highway Traffic Act, an e-scooter is considered a vehicle, just like a car or truck;
- This means you must obey all traffic laws (that means stopping at all stop signs, red lights, obeying designated bicycle traffic signals etc.);
- Must keep to the right (or stay in a designated bike lane if available) unless you are turning left, passing another vehicle, etc;
- You cannot ride your bike/e-bike on a sidewalk;
- You cannot ride within a crosswalk (you must disembark your bike/e-bike and walk it through the crosswalk);
- You have the same rights and responsibilities as drivers;
- You cannot carry passengers if the bicycle is only meant for one person.

When is an e-scooter, not an e-scooter?

An e-scooter cannot have:

Pedals
A seat
A basket

Any city that wishes to allow e-scooters to operate on their roads must pass bylaws to permit their use and set out specific requirements based on what is best for their own communities. Again, you need to check your local bylaws to ensure you are riding in a program participating city, and that you are abiding by the bylaws in place.

What does this mean for me as an e-bike/e-scooter operator?

The first rule of the road is to be a diligent and respectful e-operator.

Even if you are a respectful and diligent e-operator, you may get into an accident where you suffer injuries. If you have your own auto insurance policy, you can access accident benefits through your own insurance company. If you do not have your own auto insurance policy, you can access accident benefits through the other driver.

If you are seriously injured by a vehicle while operating either an e-bike or an e-scooter, you may have recourse to sue the at-fault driver for your injuries. It is important to note however, if you were not following the laws and by-laws in your area, you may be found to be contributorily negligent (ie. partially at fault for your own misfortune) or, in some cases, completely barred from making a claim. This may happen if, for example, you removed the pedals from your e-bike and did not have a licence or insurance to operate it.

If you are negligent in the operation of the e-bike/e-scooter and cause injuries to someone else, such as a pedestrian or another cyclist, you may be found liable for their injuries and may be sued. In most cases, your home or tenant insurance will respond where you are found liable, but you may want to look into third-party cycling insurance if you are an avid cyclist. There are several insurance companies that offer this type of coverage, and it is important to review the policy about what is and is not covered by the policy.

The bottom line is e-bikes and e-scooters are here to stay, and we must first all be courteous and follow the rules of the road. This is the best way to avoid injury, or injuring others. If you are injured, you want to ensure that your rights are protected and seek out a knowledgeable and experienced personal injury firm to help you recover the best possible outcome for your case. Preszler Injury Lawyers is here to help.