E Bikes

An E Bike is a power-assisted bicycle or electric bike that may not exceed a speed of 32 kilometres per hour or 120 kilograms of carried weight, has handlebars for steering, and is equipped with pedals that have several mechanisms to engage and disengage the power assistance at specific levels.

These bikes don’t require a license or insurance, but they do require that drivers be at least 16 years of age and wear helmets. Drivers of E Bikes must also obey traffic laws, which include not texting while operating a motorized vehicle, and more importantly, not drinking and driving.

Drinking and driving is a criminal offense and the charges laid are done so under the Criminal Code of Canada. The Criminal Code of Canada defines “Motor Vehicle” as a vehicle that is drawn, propelled or driven by any means other than muscular power (not including railway equipment), and E Bikes fall into this category.

Under the Criminal Code of Canada, a person caught drinking and driving on an E Bike will be subject to the same fines and imprisonment as if he or she were driving a car. If the individual’s blood alcohol level exceeds eighty milligrams, he or she is subject to:

First offense, a fine of no less than $1,000.00

Second offense, imprisonment for no less than 30 days

Any offense thereafter, imprisonment for no less than 120 days

If the prosecution should choose to charge the offender by indictment, which is more serious than a summary conviction, the offender will be open to harsher penalties, including imprisonment up to five years. If a summary conviction is granted, the imprisonment term will not exceed 18 months.

Although the E Bike is not considered by the Highway Traffic Act to be a motorized vehicle, and the penalties for impaired driving would not apply, criminal charges are still an option open to the prosecution if an operator of an E Bike is found driving under the influence of alcohol.  Having the BacTrack B70 in your pocket may save you the humiliation of getting an impaired on an E Bike.