Help Write/Re-write New Brunswick Canada Ebike laws

Lessss

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Saint John N.B. Canada, Sol 3
Help Write N.B. Ebike laws.

Ok I'm tired of waiting for Lazy MLA's in N.B to do their job so time to do it for them.

Anyone good at writing legalese gobbledegook want to help write an amendment to N.B. legislation?

I'm going to start looking for the passed NS legislation tomorrow and start reworking it, then take it down to my MLA and brow beat him into trying to have it introduced.

http://nslegislature.ca/legc/statutes/motorv.htm
http://www.gnb.ca/0062/acts/acts/m-17.htm

Things to address

A) Generators - not allowed on 2 wheel bikes bit allowed on 3 or more wheeled bikes or on trailers. must meet noise levels restrictions. Other motor safety restrictions??
B) Things other than bikes, wheelchairs, segways, toy cars for kids, mobility scooters
C) min age requirements and further speed restrictions to 16 Km/hr for those under that age.
D) Width length weight height restrictions for bikes and trailers and other devices for sidewalk and street
E) Sidewalk speed restriction to 16 Km/hr and width restriction
F) No Wattage limit on motor but must have speed cap, if no speed cap then speed limit
G) Push on pull off pedals – must be bolted screwed or welded, otherwise not allowed
H) DUI - allowed to use ebikes - might further restrict to 16 km/hr depending on severity of offense
I) Legally Blind but have minimal vision - allowed not allowed - severity limits to 32 or 16 kph
J) Mobility scooters- electric wheel chairs ????????
K) To force a bike off the highway onto a "bike path" the bike path must have a provincial sign designating it a bike path - slow speed stickers??
L) Velo covers and viability requirements?
M) Statement allowed to go where all regular pedal bikes are allowed to go unless there is a specific city bylaw.
N) Speed Stop distance requirements
O) If seized for any reason the batteries and charger must be immediately released to the operator at the time of the seizure.
P) Parking
Q) Cell phones and other distraction devices.
R) Conversions of regular bikes and th Ebike Sticker, turn signals and lights
 
Ok this is what I've come up with so far.. any suggestions?

Definitions

“autoped” means a stand on device with wheels but no pedals not propelled by combustion, rocket propelled, or by sail or kite.

“bicycle” means every device propelled by human power upon which any person may ride, having two tandem wheels in contact with the ground; May not be rocket propelled, or by sail or kite. Max width 2.5 feet\77 cm

“Tricycle” means every device propelled by human power upon which any person may ride, having three wheels in contact with the ground; May not be rocket propelled, or by sail or kite. Max Width 3.5 feet\ 107cm, max height 6 feet\ 184cm

“Quadracycle” means every device propelled by human power upon which any person may ride, having four wheels in contact with the ground; May not be rocket propelled, or by sail or kite. Max Width 3.5 Feet / 107 cm, max height 6 feet \184cm

“motorcycle” means every vehicle having a saddle for the use of the rider and designed to travel with not more than three wheels in contact with the ground and a motor greater than fifty cubic centimetres capable of speeds in excess of motor driven cycles but excluding a tractor, P.A.B. or P.M.D.. May not be jet, rocket propelled, or by sail or kite. For electric motorcycles if seized the battery and charger must be released to the operator or designated recipient at time of seizure.

“motor driven cycle” or “moped” means a motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels and propelled by a motor not to exceed fifty cubic centimetres in size and includes a motor scooter, tricycle or bicycle with such a combustion motor attached; Excludes P.A.B., P.M.D.. Motor driven cycles may not be rocket propelled, or by sail or kite.

“motor vehicle” means every vehicle that is self propelled and every vehicle that is propelled by electric power obtained from overhead or ground trolley wires or “capacitor charging” or inductance stations, and not operated upon rails, but does not include a farm tractor P.A.B. or P.M.D.; For electric motor vehicles if seized the battery and charger must be released to the operator or designated recipient at time of seizure.

“Power Assisted Bicycle” P.A.B. means a Bicycle Tricycle or Quadracycle propelled by a non combustion engine ( electricity, magnetism, or compressed air). May not be propelled by combustion such as Gasoline/Petrol/Steam or any form of rocketry., A P.A.B. is propelled by human or mechanical power that is fitted with pedals that are operable(capable) to propel the bicycle, and that has an attached motor driven by electricity not producing more than 1000 watts and is incapable of providing further assistance when the vehicle attains a speed of thirty two kilometres per hour on level ground; Age restriction of 13 and up.

“P.M.D.” means Personal Mobility Device. Any device that uses magnetism electricity or compressed air to propel a device on the ground upon which a person may ride or be moved. These devices are not meant to use on the roadway or highways but only on sidewalks or roads lacking a sidewalk or bike trail and are to be restricted to 16 kilometres per hour. These include electric wheel chairs, mobility scooters, autopeds, or P.A.B.s operated by children 12 and under.

366 – Odd propulsion devices or motor vehicles propelled by technologies such as rocketry, Sail, Kite,Fan(propellor) Compressed air, Animal pulled, Steam may not be operated on the roadway or sidewalks unless specific enabling legislation is enacted, but may be used in designated recreational areas such as National, Provincial or local parks with designated areas of use.

367 P.A.B are
i) restricted to a top speed of 32 Km/hr
ii) Have a 1000W or under elecric motor
a) has a total continuous power output rating, measured at the shaft of each motor, of 1000 W or less,
(b) if it is engaged by the use of muscular power, power assistance immediately ceases when the muscular power ceases,
(c) if it is engaged by the use of an accelerator controller, power assistance ceases when the brakes are applied, and
(d) it is incapable of providing further assistance when the bicycle attains a speed of 32 km/h on level ground, Faster speeds are allowed by Muscle propulsion.
iii) Operator must be at least 13 years of age See P.M.D. for under age of 13.
iv) May not have a generator attached to two wheeled bicycles but may be attached to a trailer or three or four wheeled bikes. Such electric generators must between 60-70 Decibels or quieter and may not provide mechanical propulsion.
v) Pedals or hand cranks must be permanently attached by bolt, nut, cotter pin or welded to the device.
vi) has steering handlebars
vii) is capable of being propelled by muscular power, Capable not Must be, this is to allow the disables, aged, and infirm to be able to operate the PAB without having to provide muscle based propulsion.
viii) bears a label that is permanently affixed by the manufacturer and appears in a conspicuous location stating, in both official languages, that the vehicle is a power-assisted bicycle. Regular bicycles that are converted to a P.A.B. Do not require this sticker.
ix) has one of the following safety features(not both),
(a) an enabling mechanism to turn the electric motor on and off that is separate from the accelerator controller and fitted in such a manner that it is operable by the driver, or
(b) a mechanism that prevents the motor from being engaged unless the pedals are engaged
x) May not be operated on the sidewalk at a speed over 16 Km/hr
xi) May be operated anywhere a bicycle may be operated unless restricted by bylaw.
xii) May not be operated by the vision impaired beyond _____ chart attached
xiii) If seized the battery and charger must be released to the operator or designated recipient at time of seizure.
xiv) Are allowed to park at regular bicycle racks and are free of motor vehicle parking restrictions
xv) If a conversion of a regular pedal bicycle(no ebike manufacturer sticker) must have a motor 500W or under and a supplementary retention method of the motor axle if the axle is retained in aluminum dropouts.
xvi) May not be operating distraction devices such as cell phones, tablet computers while etc.. driving.
xvii) May be operated by those convicted of DUI
xviii) May not use liquid refillable batteries that can spill upon an accident. Or use propellers.
xix) Maximum allowed width of the pedals 20” \51cm from outside edge to outside edge


368 P.M.D. Personal Mobility Devices
i) These devices are not meant to use on the roadway or highways but only on sidewalks
ii) are to be restricted to 16 kilometres per hour and under
iii) are not to exceed a width of 3 feet \ 92cm and height of 5 feet \153 cm and length of 4 feet\ 122cm
iv) do not require pedals
v) must yield the right of way at all times to pedestrians
vi) must have a control system that cuts motor propulsion if the operator loses control
vii) may be operated by the vision impaired but the speed restriction increases with the severity of the vision impairment. Chart attached.
viii) May be operated by those convicted of a DUI
ix) If seized the battery and charger must be released to the operator or designated recipient at time of seizure.
x) Are allowed to park at bicycle racks
xi) May not be operating distraction devices such as cell phones, tablet computers while driving.
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BICYCLES
176Every person riding a bicycle upon a roadway has all of the rights and is subject to all of the duties applicable to the driver of a vehicle by this Act, except those provisions which by their very nature can have no application.
1955, c.13, s.158.

177(1)A person propelling a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto.

177(2)No person shall use a bicycle to carry more persons at one time than the number for which it was designed or equipped. Passenger trailers designed to be towed behind a bicycle and tandem bicycle attachments may be attached to bicycles, Power Assisted Bicycles and Personal Mobility Devices.

177(3)No person shall ride on or operate a bicycle, P.A.B. or P.M.D. on a highway unless the person is wearing a bicycle helmet in accordance with the regulations and the chin strap of the helmet is securely fastened under the person’s chin. Passengers in a trailer or on a tandem attachment must also have a helmet.

177(4)No parent or guardian of a person who is under sixteen years of age shall authorize or knowingly permit that person to ride on or operate a bicycle on a highway unless the person is wearing a helmet in accordance with subsection (3).

177(4.1)A person sixteen years of age or older who violates or fails to comply with subsection (3) or (4) commits an offence.

177(4.2)The minimum and the maximum fine that may be imposed on a person convicted of an offence under subsection (3) or (4) shall be twenty-one dollars.

177(5)The Lieutenant-Governor in Council may make regulations
(a)respecting standards to be met by helmets required to be worn under subsection (3);
(b)respecting the identification and marking of helmets required to be worn under subsection (3);
(c)exempting persons or classes of persons in whole or in part from the application of subsection (3) or (4) or both and establishing conditions respecting such exemptions.
1955, c.13, s.159; 1961-62, c.62, s.57; 1993, c.5, s.6; 1994, c.107, s.1; 1998, c.46, s.3.

178(1)No person riding upon any bicycle, coaster, roller skates, sled, or toy vehicle shall attach the same or himself to any vehicle upon a roadway. Passenger trailers designed to be towed behind a bicycle and tandem bicycle attachments may be attached to bicycles, Power Assisted Bicycles and Personal Mobility Devices.

178(2)No person shall operate a motor vehicle on a highway while allowing any person to be towed or attached in any manner while the person is riding upon a bicycle, coaster, roller skates, sled, toboggan, skis or any other device not capable of being registered under this Act.
1955, c.13, s.160; 1966, c.81, s.8.

179(1)Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.

179(2)Persons riding bicycles upon a roadway shall not ride abreast except on paths or parts of roadways set aside for the exclusive use of bicycles. Passing another bicycle is permitted as long as traffic permits it.

179(3)Wherever a usable path for bicycles has been provided adjacent to a roadway, bicycle riders shall use such path and shall not use the roadway. Such a bicycle path must be clearly marked as such by signage visible from the highway within 150 meters of any entrance onto the highway. If such a path is not maintained in a safe condition the highway may be used.
1955, c.13, s.161; 1960, c.53, s.30.

180No person operating a bicycle shall carry any package, bundle, or article which prevents the driver from keeping at least one hand upon the handle bars of such bicycle and must be capable of operating the braking system.
1955, c.13, s.162.

181(1)No person shall operate a bicycle at night unless it is equipped with a lamp on the front that emits a white light visible from a distance of at least one hundred fifty metres to the front and with a red reflector on the rear of type approved by the Registrar which shall be visible from one hundred metres to the rear when directly in front of lawful upper beams of head lamps on a motor vehicle, but a lamp emitting a red light visible from a distance on one hundred fifty metres to the rear may be used in addition to the red reflector.

181(2)No person shall operate a bicycle unless it is equipped with a bell or other device capable of giving a signal audible for a distance of at least thirty metres except that a bicycle shall not be equipped with nor shall any person use upon a bicycle any siren or whistle.

181(3)No person shall operate a bicycle unless it is equipped with brakes adequate to control the movement of the bicycle, and to stop and hold the bicycle.
 
Like many other New Brunswickers, I am very uncertain about the legality of ebikes. Many people who are interested in this new technology are being told by the ministry the same thing; "if it looks like a bike, it's a bike, if not, than it's not". A very similar reply is that it must be constructed of "a Bicycle Type Frame". New Brunswick traffic departments are doing a fine job of keeping these money savers off the road through false\misleading information(I have yet to prove whether or not either of these laws actually exist) in the hopes that people will buy motorcycles and pay gas and insurance for them. I have logged well over 2 consecutive days of searching for these laws in the Motor Vehicle Act and have had no luck finding "Bicycle Type Frame" or a definition of what "Looks Like A Bike". I have a Gio 500w e-scooter that I bought in april, 2010 and I always have a fear of that day when I see flashing blue lights in my mirror and hear sirens pulling me over. Like you, I am fed up with getting lied to(and possibly having money extorted from me by insurance companies if nothing is done soon). We seem to be the only province in Canada that is going through this mess. Here in Moncton, we have no dealers or service shops that sell or service ebikes, in Saint John, there is at least one good scooter shop called EBikesOutride, which I read about on the internet. This is where I heard about the current ebike laws in New Brunswick, and the lies that go with them from the ministry. I have read your proposal for the new definitions that should have been in place long ago. I think the problem is not with making good definitions like these, but actually getting the legislators to look at them. I try to tell people about the truth of the two replies from the ministry but they eventually give up and get a gas powered vehicle. There are at least five people who share your visions for ebike legality in my neighborhood alone, including the person who posts videos on youtube under the name "ypedal". If we don't bring this problem up to both the government and the media, we may never see those visions come true. I want you to know that your efforts have been read and will be passed on to all the people I know who have an ebike, or want to get one.

Click this link to see a perfect example of what New Brunswick should have for a page on this subject.
http://www.mto.gov.on.ca/english/dandv/vehicle/emerging/index.shtml
 
Thanks romanemp. I'm actually going to be harassing Trevor Holder MLA for Saint John about this. I hope all NB ebikers do the same.

NB, Nunavut and NWT have no ebike Laws. PEI classes them as mopeds. NB is only Canadian Province with an oil refinery. Coincidence? i think not.
 
I ought to know just how rotten Irving's business practices are; I work for one of his companies. It would come as no surprise to me if he has a hand in the legislation somewhere. As you'll probably notice, you never see them in HIS newspaper, but I have seen at least one segment on CTV when they passed legislation in Nova Scotia. As the active season approaches, I hope to post videos to youtube about my Gio Bike and these lies from the ministry and call the video "Gio 500w E-scooter in Moncton, N.B." to give people reassurance that scooter style ebikes are legal too, not just bicycle style ones. Too many people have made the mistake of buying cheap(sometimes heavily underpowered and overpriced) bicycle style ebikes because of this rule, when in fact, they wanted scooters. It bothers me that when people in this province have the option of going electric, they choose to go gas powered for all the wrong reasons. My first choice for an electric vehicle of this size was a Segway PT, but a hard time finding the laws for them along with an enormous price tag($5000-$10000) is why I went looking for an ebike. I think much of the reason why these bikes are so hard to find in New Brunswick is because 90% of New Brunswickers don't know they even exist and therefore, they don't buy them. I have asked bike shop staff if they had any electric bikes, and even they had no idea what I was taking about. I 've also had many incidents where motorists on the road don't know what they are and blow their horns at me to speed up, thinking it's a moped. Hopefully they will be the subject of media attention very soon, and then everybody will know what they are.
 
Lessss,
I respect you and the hard work you have clearly put into this effort. Please let me indulge in a tirade about the law here since it is related:

Why must the law be so complex? Clearly cars kill people in cars, on sidewalks and on bikes. There are documented cases of (non motorized) bikes hitting and killing pedestrians. And if one dug into case law enough, I'm sure there is documentation of a pedestrian walking or running into another, causing death or grievous bodily harm.

What's my point? My point is, why can't civil and criminal laws meant to encourage responsible behavior be more like the natural laws? Kinetic Energy is what - K = 1/2 mass * ( velocity squared ), yes?
Should it matter what propels a vehicle? Should it matter how many wheels it has?

The law by necessity has to be concrete, repeatable and measurable. Skid marks, witness testimony and traffic light cameras can estimate speed - but these are not universally available (the velocity squared). But the weight of a pedestrian, a cyclist or a car is easy to measure. Maybe it's reasonable to write the law based on the weight of the vehicle (machine plus operator [optionally add in passengers if that can be ascertained]).

If I'm walking, and run down by a vehicle doing 30 MPH, it won't matter to my bones if they were crushed by an electric bike, a car, or a two-stroke engine'd motorcycle.
 
I don't get your point.
Laws are complex because government is complex. Government is complex tedious and boring to keep the unwashed masses disinterested, frustrated and confused.

The point here is to get something passed to protect purchasers from the cops and to allow the industry to GROW. Right now it is at the fringes of the law and being strangled by negative government opinion.
 
Thank you for your e-mail containing numerous suggestions on how to deal with the issues surrounding electric bicycles and neighbourhood electric vehicles.



The current policy on the registration of electric bicycles is that if it’s built on a bicycle frame then it is not required to be registered but if it is built on a scooter or moped frame then it must be registered as such. We are aware of the issues arising from this policy and are currently looking at ways to remedy it, including the department’s active involvement on the Drivers and Vehicles Committee of the Canadian Council of Motor Transport Administrators (CCMTA), which examines such innovations as electric low speed vehicles. We will take your suggestions into consideration during this process.



With regards to the Neighborhood Electric Vehicles (NEVs), also known as Low Speed Vehicles (LSVs), Transport Canada has done substantial work researching and testing the safety of these vehicles. The result of this work indicates that occupants of LSVs are exposed to a high risk of injury or death when these vehicles are involved in a collision, even at low speeds.



To qualify as a passenger vehicle for general use in Canada, a vehicle must meet 40 safety standards, yet to qualify as an LSV a vehicle must meet only 3 safety standards. This reduced requirement results in LSVs offering a substantially lower level of occupant protection than that of passenger vehicles. New Brunswick is willing to allow LSVs on our roadways if they meet all 40 safety standards prescribed by the Motor Vehicle Safety Act (MVSA) for passenger vehicles.



Yours truly,







Hon. Robert B. Trevors

Minister of Public Safety and Solicitor General



Bangs head against wall.



I replied with.

Hello,

Can you give me the line items of legislation, that is LAW, that this policy is based on? Police officers don't arrest or fine people based on unwritten. unpublished policies, they do so on laws and what you are saying is not backed up by any legislation that I can find? So either the ministry is lying to the public when we call and ask if electric bikes are legal or they are not legal. I can find no legislation that specifically revokes 1.21 CMVSA. There is no legal definition of "bicycle frame" or "moped frame".



NEVs (LSVs) are safer than motorcycles but not as safe as regular cars. Motorcycles offer no protection for passengers at all. The NEV category is only required to meet 3 conditions because that is the way the category was defined by politicians. For politicians to then turn around and say sorry you can't use them because they don't meet these 40 conditions (which motor cycles don't meet) just stands in the way of progress. Write the legislation with the conditions you want the manufacturers to meet and they'll produce the vehicles to meet them.
 
Mr. Trevors should take a look at his job title: "Minister of Public Safety and Solicitor General". I guess this means he is responsible for making sure the streets of New Brunswick are free from public safety hazards. Isn't it a public safety hazard when strange people pull you over and try to extort money from you(give you a ticket) for driving a vehicle that is totally legal under federal law. No New Brunswick law for these vehicles also means no age restrictions either, when ten year old kids start driving them on sidewalks and blind corners at fifty kilometers an hour(and yes, a big heavy scooter style ebike can reach this speed going down the hills in Centennial Park without motor power), maybe he will see the danger of having no laws. Ebikes are not the problem here, police, underage\unsafe drivers and lack of public knowledge about ebikes are the real concern. The picture found at http://www.veloteq.com/links_to_laws.htm is how police are supposed to reply when they pull over an ebike, but instead they refuse to listen and tell you to do your homework. First off, ebikes RARELY ever have a VIN to register them and second, in order to be registered as a moped, it would have to actually MEET the requirements set out in the New Brunswick Motor Vehicle Act. The "Motor Driven Cycle" class requires a motor with 50 cubic centimeters in size(gas-powered) and includes a motor scooter or a bicycle with SUCH A MOTOR attached. In order to be "Such A Motor", it would need three things: a cylinder, a piston, and a material that expands and moves the piston(gasoline, propane, steam, compressed air). Ebikes don't have these three things and therefore, don't have "such a motor", so they don't classify as mopeds. Maybe Mr. Trevors should read the Act, read the numerous Wikipedia "copy and paste" laws all over the internet and actually try to register one without a VIN, then he'll know why so many New Brunswickers go through hours of headaches before they finally hit the streets.
 
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