Electric Bikes - ebikes not legal on Calgary Bike paths

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SeizeTech
10-04-08, 05:59 PM
the other day, I was surfing a local ebike store, and discovered that ebikes are not legal on Calgary bike trails. ( www.powerinmotion.ca )
Appearantly when the federal and provincial classifications went in to support the definition of 'power assisted bicycles', Calgary quickly responded with a bylaw that outlawed power assisted bikes on all of its off street trails.
I know there are a few ebike enthuisiasts on this forum that are from Calgary. What are you guys doing? Are you respecting this bylaw?
I am screwed if I follow this bylaw. My commute to work is 22kms, where almost 2/3 of the trip is off street bike paths. In fact, the last 20 minutes of my trip takes me right past the zoo( dowtown), and then down toward Stampede park. This is risky because I assume the downtown area is where you are most likely to find law enforcement on the trails.
Any suggestions?
Regards
Tyler
from what i ve heard you cant be on the highway in alberta on a e assist
SeizeTech
10-04-08, 11:33 PM
Here;s a link to the information that I was reading last night
http://www.powerinmotion.ca/news.php
Bernard Wolf
10-05-08, 07:29 AM
I would just run it anyways and if you spot a cop turn it off.... they cannot fine you if you are just peddling now can they ?
Bernard
Bring on the stealth machines!!
SeizeTech
10-05-08, 11:50 AM
I know it is illegal to hunt ducks from a motorized boat. so its necessary to lift the motor into its storage position before hunting.
If I have some sort a way to quickly disconnect the power harness on my schwinn, it would be difficult for the police officer to claim that I had the motor in "operational position". A string run along the crossbar might be able to pull the power plug without me doing any suspicous movements?
Grrrr... it would be alot easier if they made it legal.
Solar.110mb
10-05-08, 01:01 PM
I would just run it and hope there's no police laying down the law in a tyrannical manner. As long as we are not hurting anyone they should stay out of it, no doubt.
Many states still have not harmonized with federal law classifying ebikes as a bicycle. I keep an article in my trunk showing the federal law that classifies them as a bicycle and that it will supercede any state laws that are stricter, just in case there's a police that has nothing better to do than to bother me. Amazing how they can twist a plain english law and say it means something entirely different.
"a low speed electric bicycle (as defined in section 38(b) of the Consumer Product Safety Act) shall not be considered a motor vehicle as defined by section 30102(6) of title 49, United States Code."
"This section shall supercede any State law or requirement with respect to low-speed electric bicycles to the extent that such State law or requirement is more stringent than the Federal law or requirements referred to in subsection (a)."
That's pretty plain english to me, yet they try to distort it and say it means something else.
ken cummings
10-05-08, 01:44 PM
I would just run it anyways and if you spot a cop turn it off.... they cannot fine you if you are just peddling now can they ?
Bernard
"They" sure can fine you. If a vehicle has the capacity for power-assist the courts in some places have found that there is a presumption that if you are in motion that the motor was in use no matter what you say. The busy Santa Ana River Trail in Southern California is often patrolled by the CHP and local motorcycle officers to catch violators.
SeizeTech
10-05-08, 02:59 PM
"They" sure can fine you. If a vehicle has the capacity for power-assist the courts in some places have found that there is a presumption that if you are in motion that the motor was in use no matter what you say. The busy Santa Ana River Trail in Southern California is often patrolled by the CHP and local motorcycle officers to catch violators.
I know I didn't do a very good job at explaining myself, but I agree with you.
An outboard motor must be taken out of operating position in order for you boat to no longer be considered a motorized boat.
Similar situation with a power assisted bike, its impractical to remove the motor, but disconnecting the battery should allow you to ride it in areas that ban power assisted bikes. I doubt that an on/off switch on the handle bars would convince a judge, but a physical disconnect at the battery is reasonable enough that a judge should throw the charges out.
Having been passed at high speed by some e-bikers in Calgary I have to say I've been concerned with them gaining popularity. On a human powered bike there is a natural limit to the speed a biker can achieve and maintain. For most people it's reasonably low and the few people who can keep a high average speed tend to be the more experienced skilled cyclists.
With the advent of the e-bike we have a situation where anyone can buy a bike and simply pull the trigger to go as fast as their particular motor/battery allow - regardless of skill/experience or their ability to stop.
I'm not sure what the answer is, but I think e-bikes pose some problems that need to be discussed with other cyclists as well as other MUP path users.
Given that the e-bike setups I've seen don't require the rider to pedal at all - what is the difference between an e-bike and a motorized scooter or a lightweight motorcycle?
SeizeTech
10-05-08, 08:32 PM
The Calgary bike trails already have an established etiquette for passing, and established speed limits.
Must we use examples of speeders and inconsiderate riders to justify banning ebikes?
So far, we haven't allowed pedestrians, which share our paths, to use these examples as a reason to ban all bikes.
The Calgary bike trails already have an established etiquette for passing, and established speed limits.
Must we use examples of speeders and inconsiderate riders to justify banning ebikes?
So far, we haven't allowed pedestrians, which share our paths, to use these examples as a reason to ban all bikes.
You are ignoring the significant differences between a human powered and a battery powered bike. If you aren't prepared to acknowledge this difference you'll never overcome an outright ban and I wouldn't be surprised if some sort of operator licensing for street use wasn't down the road.
SeizeTech
10-05-08, 10:31 PM
I don't see a significant difference in the two. Neither does the provincial and federal government because they have proactively create a special classification for power assisted bikes to get us ebikers a break.
I once read that a fit person can provide about 180 watts of power continuously, 350 watts of power for about 5 minutes, and 600 watts of power busts. So, as you can see, the 450 watt motor on my bike is not the power house of an engine that my harley has. Its enough of a push to invoke a few disgruntled feelings from regular cyclists, but I won't be flying past anyone in the near future.
Abneycat
10-06-08, 04:57 PM
Vik, under legal limits there is little practical difference between standard and electric bicycles in regards to output. The speed limit is 35kph for electric bicycles in Alberta, which is not considerably faster than one can comfortably ride on a good bicycle, and is certainly within the limits of an athlete. People can exceed this speed with ease on a small downhill section, including inexperienced cyclists, and it is a speed which is within the capability of nearly any rider. Under normal design achievable top speeds have little difference, it is primarily in overall effort and minimum speed (hills, etc) that e-bikes have a clear disparity. I don't know how many electric bicycle setups you have personally tried, but the norm is typically more timid than my own, which is set well above stock in order to handle cargo work better.
E-bikes are hardly alone in being a problem on the bike paths. Cyclists regularily ride well over the limits, with many using the path as a convenient non-stop training ride. Pedestrians themselves cause an extreme problem by not comforming to directional traffic, causing flow disruptions, walking into oncoming traffic on the wrong side without yielding, or walking 3-4 wide and blocking off the path completely. Speed regulations are difficult to properly enforce with justification at all when bicycles are not required to have cyclometers. There are much larger fish to worry about, and when electric bicycles obey the speed, direction, and signal laws of the MUP they are of no bigger concern to anyone than any other bicycle.
As for myself, I ride on the paths, and follow legal guidelines (excepting the e-bike ban). There have never been any problems with bylaw officers bothering myself, or any other electric bicycle user I know of in regards to this "ban"
The legislation is as poorly informed and decided as wattage regulations are.
SeizeTech
10-06-08, 08:25 PM
As a cyclist or an ebiker, I've found that pedestrians on the calgary paths are often an accident waiting to happen. Most don't pay attention, so even if you ring the bell, they don't hear you and they are often very unpredictable.
My solution? I don't curse them or get made. I feel that I have the responsibility to no run into someone when I am coming from behind. Hence, you'll ussually find me slowing right down for pedestrians.
35kph is not a speed an average cyclist can maintain for any length of time. A more realistic average would be something like 20kph. As I stated earlier the problem with an e-bike is anyone regardless of skill or experience can go as fast as their batteries & motor allow them...that might be 35kph by law, but it may be faster in practice. Let's say it's only 30kph - that is still a lot of energy for someone who doesn't have good bicycling skills.
The issue is that for pedal powered cyclists there is a natural limit to how fast and how long you can pedal for - that limits speeds and energy put into the bike. The people that can go faster and longer are the ones that spend more time on their bikes and can handle them better. With an e-bike you could be a first time cyclist and achieving the maximum speed of your vehicle is only a trigger pull away.
I agree that human powered cyclists and pedestrians certainly contribute the problems that occur on a MUP, but from a practical point of view no one will ever ban or restrict people walking. Similarly the most regulation of human powered cyclists will be speed checks and ticketing offenders going faster than the posted speed limit of 20kph.
From both a practical and a regulatory perspective it makes sense to treat vehicles that are faster & more powerful than a human differently. Given the number of e-bikes in Calgary we are only facing the very beginning of this issue here. As more people want to be free of their cars they'll look for an alternative that is cheaper and doesn't require a lot of fitness. E-bikes are an obvious option to be considered. If your argument against the ban of e-bike on the MUP is that they are no different then a human powered bike I don't think any other MUP user group will accept that rationale and I doubt you'd have any luck reversing the ban. Keep in mind the concern and enforcement will only grow as the number of e-bikes increases.
The approach that has a better chance of getting some traction is to acknowledge the differences between e-bikes and human powered bikes. Identify the key concerns of MUP users and proactively provide solutions. How do you deal with novice cyclists buying e-bikes? What about speeding on e-bikes [speed enforcement on the MUP is virtually non-existent presently]? How about lighting and high speeds at night or in the shoulder seasons when the MUP may be icy/slippery? What about e-biking under the influence of drugs/alcohol?
I'm not concerned about a highly skilled and experienced cyclist like yourself using an e-bike Andrew. However, even in the human powered cycling community there are lots of sub-par riders. Giving these people e-bikes could be a problem, but what will really be a problem IMO is the new cyclists whose first bikes are e-bikes. They don't have the skills, experience and in some cases lack the judgment to ride safely with other MUP users.
SeizeTech
10-06-08, 08:39 PM
Theory: The average bicycle enthusiast will always have a problem with getting passed by a fatso tub o lard like myself.
Exercise is not just for high achievers, I need it too. Normally I'd choose a regular bike, that would lengthen my ride to work to 1 3/4 hours each way. Not exactly a ride that I could do 5 days a week. Eventually, I'll lose weight, and maybe I'll abandon my ebike for a regular bike.
SeizeTech
10-06-08, 08:44 PM
What exactly is the "minimum skill and experience "for riding a bicycle fast? I thought it has more to do with guts and strength.
Abneycat
10-06-08, 09:10 PM
The thing is though, while it is not a speed one can typically maintain for a long period of time, it is something which can be done in shorter periods and is regularly done. One does not lose control over those short periods either. People aren't typically terrified to reach a speed of 35kph for fear of control, and even those new cyclists who ride their brakes down hills let themselves reach speeds like that. In this circumstance, I disagree.
In regards to the path however, I do agree. You need to have a considerably greater amount of skill to navigate a narrow path with pedestrian and non-divided oncoming traffic 2 feet away. Something I wouldn't trust to a novice cyclist at high speeds either. But the laws would logically apply to electric bicycles as well, requiring them to adhere to the same regulations, as they completely should.
I don't believe that the blanket ban on electric vehicles on bike paths is logical. However, were they allowed, they should be responsible for the additional power without a doubt, and should be held accountable for failure to remain safe.
Speed enforcement on the MUP is pretty absent at the moment, because from what I understand there were two big issues lately, one being that response to the city's crackdown was very negative, and there was a recent incident where a bylaw truck caused injuries to a cyclist, so they're not bringing them down the paths and can't really stop people who speed and don't yield. I was personally bumped by a bylaw truck on the paths, who turned off the path and clipped the back of my bike!
E-bikes sold stock in north america typically comply to a 32kph standard, as that is the common speed limit in most areas. Power in motion supplies the appropriate batteries for these speeds to most users, but they do provide more powerful batteries and motors on request. I don't believe its illegal for them to sell those supplies, but it is illegal for users to use electric bikes which violate limits. I suspect that will come under some additional control, eventually.
I think when we were having this talk on the last ride, another of my personal complaints was that the path is simply too crowded in some sections, and that there are so many people speeding because the limit is set below what many people consider to even be an "effort" speed, as well as the high number of people who use the path as a means of moving about the city, rather than leisure. It would be nice to someday see a "travel" pathway built through the city. Until then, I don't see any need to exclude them, so long as they can operate in the same safe manner that should be expected of any MUP user. Even bylaw officers in trucks who swipe people.
Abneycat
10-06-08, 09:17 PM
What exactly is the "minimum skill and experience "for riding a bicycle fast? I thought it has more to do with guts and strength.
There's a couple of criteria, like proper braking technique, the ability to read the road, handling the bicycle in a controlled manner through tighter turning and response tolerances.
I have a lot of people who come into my bike shop not wanting to use their front brake for fear of going over the handlebars. General lack of knowledge about how the bicycle reacts and how it should be handled are quite common. It doesn't take long to be educated about these things, but its critical knowledge many people don't know.
SeizeTech
10-06-08, 09:32 PM
There's a couple of criteria, like proper braking technique, the ability to read the road, handling the bicycle in a controlled manner through tighter turning and response tolerances.
I have a lot of people who come into my bike shop not wanting to use their front brake for fear of going over the handlebars. General lack of knowledge about how the bicycle reacts and how it should be handled are quite common. It doesn't take long to be educated about these things, but its critical knowledge many people don't know.
I personally don't think fit cyclists are holding back on their speed until they have the proper level of skill and experience, do you? Hence, I see the skill and experience angle as somewhat of a dishonest debating tactic.
Also,I have tons of experience on dirtbikes, and streetbikes. If we were to come down off a mountain ( I'm using this as an example because I wouldn't have to pedal much) I am confident that I could hold my own along with the average 'skilled and experienced' cyclist.
Additionally, in my early 20s, I used to do Banff to Canmore and then back, as a daily ride after work, so I don't feel all that inexperienced.
Out of shape? yes!
inexperienced? no
Abneycat
10-07-08, 12:34 PM
I don't think anyone was calling you inexperienced. And people can be physically incapable of easily remaining at high speed, but skilled enough to handle it. By the time someone has enough time on a bike to develop the physique for high speeds, they have the skills to easily handle themselves.
That is a notable difference between electric bicycles and regular ones. However, many of the things which people don't do properly which contribute to safety are such basic, rudimentary things that simply don't get passed around as knowledge.
Now, riding down a mountain road, or riding down the mountain? :)
SeizeTech
10-07-08, 01:55 PM
I don't think anyone was calling you inexperienced.
Thanks. I didn't mean to sound defensive. My intent was to provide an example where level of fitness and skills may not have any correlation.
And people can be physically incapable of easily remaining at high speed, but skilled enough to handle it. By the time someone has enough time on a bike to develop the physique for high speeds, they have the skills to easily handle themselves.
That is a notable difference between electric bicycles and regular ones. However, many of the things which people don't do properly which contribute to safety are such basic, rudimentary things that simply don't get passed around as knowledge.
I understand, your logic is sound, imo. But, I'm not sure how much of this logic should apply to a calgary bike path that already has a speed limit of 20kmh. It is already assumed that any speed above 20kmh is unsafe regardless of skill or type of bike. Furthermore, at speeds below 20 kmh, it is assumed that under most conditions, most riders should be able to safely handle themselves.
I doubt that we could find statistics on accident rates and injury rates related to ebikes, so its difficult to reference fact. But I suspect that if the data was there, it wouldn't support the idea that they are more dangerous.
I remember reading an article that was linked to the safety forums, that had statistics on regular bikes. Surprisingling, it put forward a pretty solid arguement to dispell the general opinion that 'bicycling in traffic is dangerous' imo, we might someday see data that dispells the general opinion that ebike are more dangerous than a regular bike.
Now, riding down a mountain road, or riding down the mountain? :)
I was thinking about an old fire lookout near Fernie that I've been to over a dozen times by bicycle, and a few dozen times by ATV. The road is half washed out, but it's steep enough to exceed any speed that you might find reasonable. I knew what it is was like, so I used to pack a motorcycle helmet. It was a 4 hour pudh to the top, and about a 20 minute ride coming down the back side of the mountai, followed by a few hours working you way down a valley that eventualy led to the highway.
But, I remember taking the wrong road one day and finding myself 1000 feet lower than the lookout with no practical way to crossover, and an uphill climb if we back tracked. So we took some game trails down the mountain. That was a blast. Much easier that I thought, but there are quite a few hidden dangers, even a log lying on an angle across a grassy trail can knock you down.
JakeEdwards
10-07-08, 02:46 PM
It's not unreasonable. I've seen those scooters on Toronto bike paths and they push people onto the roadway they are so big! Toronto city council came up with a good idea. You can use Toronto's bike paths, providing you turn off the electrics and use pedal power only. That means scooters couldn't go on our bike paths.
Solar.110mb
10-07-08, 04:40 PM
Visiting in Windsor yesterday, I saw a police drive his car quickly in front of a few 12 year old boys riding on the sidewalk with their bikes. It was like the police was getting a high on a major bust. Maybe little kids riding a bicycle on a sidewalk is the most serious crime he sees in Windsor:)
This is the type of police that would mess up your day when you are minding your business and taking it easy riding an ebike down a path. I'm still trying to figure out how a little boy riding in the street with 4000 pound cars is safer?
Abneycat
10-07-08, 06:22 PM
Thanks. I didn't mean to sound defensive. My intent was to provide an example where level of fitness and skills may not have any correlation.
I understand, your logic is sound, imo. But, I'm not sure how much of this logic should apply to a calgary bike path that already has a speed limit of 20kmh. It is already assumed that any speed above 20kmh is unsafe regardless of skill or type of bike. Furthermore, at speeds below 20 kmh, it is assumed that under most conditions, most riders should be able to safely handle themselves.
I doubt that we could find statistics on accident rates and injury rates related to ebikes, so its difficult to reference fact. But I suspect that if the data was there, it wouldn't support the idea that they are more dangerous.
I remember reading an article that was linked to the safety forums, that had statistics on regular bikes. Surprisingling, it put forward a pretty solid arguement to dispell the general opinion that 'bicycling in traffic is dangerous' imo, we might someday see data that dispells the general opinion that ebike are more dangerous than a regular bike.
I was thinking about an old fire lookout near Fernie that I've been to over a dozen times by bicycle, and a few dozen times by ATV. The road is half washed out, but it's steep enough to exceed any speed that you might find reasonable. I knew what it is was like, so I used to pack a motorcycle helmet. It was a 4 hour pudh to the top, and about a 20 minute ride coming down the back side of the mountai, followed by a few hours working you way down a valley that eventualy led to the highway.
But, I remember taking the wrong road one day and finding myself 1000 feet lower than the lookout with no practical way to crossover, and an uphill climb if we back tracked. So we took some game trails down the mountain. That was a blast. Much easier that I thought, but there are quite a few hidden dangers, even a log lying on an angle across a grassy trail can knock you down.
That was my point as well. If the e-bikes are following the regulations of 20kph, they shouldn't be any different than any other bicycle. I would expect that to be upheld to a standard, as they have the ability to easily violate those regulations, but when followed should be just fine.
It's not unreasonable. I've seen those scooters on Toronto bike paths and they push people onto the roadway they are so big! Toronto city council came up with a good idea. You can use Toronto's bike paths, providing you turn off the electrics and use pedal power only. That means scooters couldn't go on our bike paths.
The style of electric bike scooter you describe is illegal in Alberta altogether, as they far exceed the weight limits. The electric bicycles here use a standard chassis and are not overtly heavy or cumbersome. They are no larger and handle precisely as a normal bicycle, save for some additional weight which is not unmanageable at all.
SeizeTech
10-07-08, 07:58 PM
Some police will enforce the letter of the law, and in some cases they are expected to do so, so I won't begrudge them for it.
I plan on pulling the plug out of my battery pack, if any police officer wants to charge me, I won't say a word. I just ask to take a pic of him next to my bike. then I will demand my day in court because I think such a case could be president setting.
"your honor, my motor has been disabled, please look at the picture"
motoxcycle
10-16-08, 07:28 AM
If your e-bike looks like a bicycle then there is a good chance no one will notice.
If your e-bike works as a regular bicycle then install a switch and turn it off and pedal it like a real bicycle and then you are no-longer on a power assisted bicycle. If your e-bike is one of those plastic electric scooters that look like the gas powered ones then you will attract more attention and those units are harder to pedal like a regular bicycle.
Laws can be changed when a large number of people show up to city hall.
Form a club and start lobbying your local government to change laws that restrict the use of electric bicycles on bike paths.
Kingsoup
10-26-08, 10:23 PM
Hi there! just came on this thread looking for more ebike info. Some interesting views on why it should and should not be legal on bike paths. I've certainly been walking on paths downtown before and had some "ironman" dude, in full advertising clad outfit blow past me at high speed on his 16lb blah blah and its pretty disconcerting. I also bike a lot on paths during the summer and see how silly people walking can be *ding ding* "OMGZZZ woman leaps out of the way, shielding her little dog like a bomb is dropping.
I wanted to get electric assist on the bike so I can commute but not be drenched in sweat by the time I get to freaking work. Yeah I can see people abusing assist and zooming down paths, slamming into some pedestrian and harm happens.
Doesn't it come down to descretion? so you're biking down a path, mom is walking with a bunch of small kids, you ring bell, but you always slow down right? lose a few seconds but be safe around the kids right? I have a 400hp car but I don't drive 200k to work because it isn't safe. So can't you use proper safe discrition at a safe speed on a E-bike, when to go faster and when to go slow?
Those crazy people in like Thailand and Malaysia drive on scooters with no traffic signals, super danger it looks like, but they use a certain amount of saftey to not slam into everyone.
People in cars are super careful to not hit other people becuase lawsuits and damage to cars is horrible, isn't it the same way on bikes? Typical conservative calgary, if they want to limit the roads around here to slow traffic down (badly designed highways, blah blah) then get ready for some alternatives.
I guess I have to figure out a stealthy way to put a motor on my bike.
SeizeTech
10-27-08, 01:12 AM
a pusher trailer, best way to hide the motor and battery.
motoxcycle
10-27-08, 06:47 AM
The best stealth electric bike is one with saddlebags with the batteries inside and a hub motor. Check out the video clip on my website, MotoXcycle.com then go to the electric bicycle page. There's a you-tube video link there.
My first electric bike had a trailer for the batteries but it was a drag to always have to tow a trailer, backing up was a headache and eventually I flipped the trailer going very fast around a corner when one of the trailer wheels hit a pothole on the inside edge of the corner. An electric bike should be complete without a trailer, you can always tow a trailer if you need one.
Pscyclepath
10-27-08, 10:04 AM
Power-assisted bikes and scooters are considered to be motor vehicles under nearly all state and provincial laws. Bike paths are closed to motor vehicles.
Of course in certain states and provinces a power assisted bike is deemed not to be a motor vehicle under the act.
The existing law regarding motorized vehicles pertains to recreational vehicles like snowmobiles and ATVs. In Ontario and many other provinces e-bikes, as long as they comply, are deemed Not To Be a Motor Vehicle and are to be treated like bicycles.
ONTARIO REGULATION 473/06
made under the
HIGHWAY TRAFFIC ACT
Made: August 24, 2006
Filed: October 3, 2006
Published on e-Laws: October 4, 2006
Printed in
The Ontario Gazette: October 21, 2006
PILOT PROJECT — POWER-ASSISTED BICYCLES
Definition
1.
(1) In this Regulation,
“power-assisted bicycle” means a bicycle that,
(a) is a power-assisted bicycle as defined in subsection 2 (1) of the
Motor Vehicle Safety
Regulations
made under the Motor Vehicle Safety Act (Canada), and
(b) bears a label affixed by the manufacturer in compliance with the definition referred to
in clause (a).
(2) A power-assisted bicycle is deemed to not be a motor vehicle under the Act.
Pilot project re power-assisted bicycles
2.
A pilot project to evaluate the use of power-assisted bicycles on highways is established.
Regulation of power-assisted bicycles
3.
(1) Under this project, any person who is 16 years old or over may ride or drive a powerassisted
bicycle on a highway.
(2) No person who is the owner or is in possession or control of a power-assisted bicycle shall
permit a person who is under 16 years old to ride or drive the power-assisted bicycle on a highway.
(3) Subject to subsections (1) and (2) and despite the definitions of “bicycle” and “motor
assisted bicycle” in subsection 1 (1) of the Act, the Act applies to a power-assisted bicycle and the riding or
driving of a power-assisted bicycle as if it were a bicycle and not a motor assisted bicycle or motor vehicle.
(4) Despite section 5 of Regulation 610 of the Revised Regulations of Ontario, 1990 (Safety
Helmets) made under the Act, no person shall ride or drive a power-assisted bicycle on a highway unless he
or she is wearing a bicycle helmet as required by subsection 104 (2.1) of the Act.
Revocation
4. This Regulation is revoked on the third anniversary of the day it is filed.
coldfeet
10-27-08, 08:26 PM
The following is in reference to Alberta Law concerning "power bicycles" and Calgary for the Pathway By-Law.
As it stands, in Alberta, if it has 2 or 3 wheels, is capable of being propelled by pedals, weighs under 35 Kg, has an electric motor under 750 watt or IC of less than 50cc, does not have separate clutch or gearbox for the assist, and cannot exceed 35 kph on flat ground within 2 km, it is defined as a power bicycle and has the same legal restrictions as a bicycle.
That means it can be ridden on a highway, unless there are other restrictions in force ( i.e. on Deerfoot trail )
The Calgary pathway By-law specifically excludes any motorized vehicles, with the exception of wheelchairs.
As I understand it, that law has been in place for some time, and was not made as a reaction to power bicycles.
I have been told by Brian Pincott ( Local Alderman ) that they are reviewing this, and several other aspects of the by-law.
This law overrides the Alberta description of power bicycles as bicycles, or sidesteps it maybe. You could try to fight a ticket, don't hold out much hope.
On the one hand, I would like to be able to ride my power bicycle on the pathway ( when I get it ) legally.
On the other, I have seen one guy on an e-bike riding too fast past a group of riders, he didn't seem to have much regard for anyone else, and was going faster than I would have gone, if I had a lighter bike and was feeling strong enough to do it. ( This is Vik's point ) There are laws in place, other than the e-bike ban that could take care of this, if they were into enforcement, which they are not, much. This is the potential area of conflict which worries Vik, and somewhat myself. I know 2 people who ride e-bikes on the pathways, and neither is a problem. I have seen 6 or 7 others, including one farmer on a velosolex, who are also, not a problem. So, as it stands at the moment, they are not causing any significant conflicts. ( That dink I spoke of earlier, has only been seen a couple of times, and not since mid-summer ) If the numbers grow as far as some stores hope, it could become one. Until the new battery technology that is promised appears, I don't see the numbers increasing that much, so for now, i think there are bigger problems we face. If i see that guy being a jerk again, I will put the hammer down and politely point out his errors, I know i can catch an e-bike for a short spell. Power Bicycles are not likely to face specific enforcement unless jerks like that become more numerous.
For those that want to ride on the pathway with an e-bike, ( not including internal combustion power bikes here ) use a rear hub motor behind panniers, tuck the battery away in the pannier, and keep wiring out of sight, have a way of removing the battery connection quickly, stay out of downtown, and keep the speed down where you can't see a long way ahead! ( for physical safety and that of your wallet )
It's not unreasonable. I've seen those scooters on Toronto bike paths and they push people onto the roadway they are so big! Toronto city council came up with a good idea. You can use Toronto's bike paths, providing you turn off the electrics and use pedal power only. That means scooters couldn't go on our bike paths.
Handle bar to handle bar a scooter style bike is similar in width to a regular bike...the cosmetic covering does not exceed the handlebars so it does not make it wider, except visually. I have never in my life seen anyone being "pushed" onto the street by one. I have however seen a lot of lunatic bicyclists in my life. I am not against cyclists, just lunatics.
SeizeTech
10-31-08, 12:14 AM
The following is in reference to Alberta Law concerning "power bicycles" and Calgary for the Pathway By-Law.
As it stands, in Alberta, if it has 2 or 3 wheels, is capable of being propelled by pedals, weighs under 35 Kg, has an electric motor under 750 watt or IC of less than 50cc, does not have separate clutch or gearbox for the assist, and cannot exceed 35 kph on flat ground within 2 km, it is defined as a power bicycle and has the same legal restrictions as a bicycle.
That means it can be ridden on a highway, unless there are other restrictions in force ( i.e. on Deerfoot trail )
The Calgary pathway By-law specifically excludes any motorized vehicles, with the exception of wheelchairs.
As I understand it, that law has been in place for some time, and was not made as a reaction to power bicycles.
I have been told by Brian Pincott ( Local Alderman ) that they are reviewing this, and several other aspects of the by-law.
This law overrides the Alberta description of power bicycles as bicycles, or sidesteps it maybe. You could try to fight a ticket, don't hold out much hope.
On the one hand, I would like to be able to ride my power bicycle on the pathway ( when I get it ) legally.
On the other, I have seen one guy on an e-bike riding too fast past a group of riders, he didn't seem to have much regard for anyone else, and was going faster than I would have gone, if I had a lighter bike and was feeling strong enough to do it. ( This is Vik's point ) There are laws in place, other than the e-bike ban that could take care of this, if they were into enforcement, which they are not, much. This is the potential area of conflict which worries Vik, and somewhat myself. I know 2 people who ride e-bikes on the pathways, and neither is a problem. I have seen 6 or 7 others, including one farmer on a velosolex, who are also, not a problem. So, as it stands at the moment, they are not causing any significant conflicts. ( That dink I spoke of earlier, has only been seen a couple of times, and not since mid-summer ) If the numbers grow as far as some stores hope, it could become one. Until the new battery technology that is promised appears, I don't see the numbers increasing that much, so for now, i think there are bigger problems we face. If i see that guy being a jerk again, I will put the hammer down and politely point out his errors, I know i can catch an e-bike for a short spell. Power Bicycles are not likely to face specific enforcement unless jerks like that become more numerous.
For those that want to ride on the pathway with an e-bike, ( not including internal combustion power bikes here ) use a rear hub motor behind panniers, tuck the battery away in the pannier, and keep wiring out of sight, have a way of removing the battery connection quickly, stay out of downtown, and keep the speed down where you can't see a long way ahead! ( for physical safety and that of your wallet )
Is the word "any" really that powerful of a word?
The reason why I ask is simple. if the provincial government no longer views a power assisted bike as a 'motorvehicle', AND I would bet that the city bylaws rely on the provincial act to define 'motorvehicle'.
Then I'd have to guess that the city has some fairly weak laws in this respect, and it could and should be contested in court.
SeizeTech
10-31-08, 01:04 AM
ok,I was starting to have doubts about Calgary's bylaws, so I wanted to find the actual bylaw and read it.
I've done a little research, and here is what I found so far.
- the City of Calgary bylaw is called: BYLAW 20M2003 Parks and Pathways.
http://www.calgary.ca/DocGallery/BU/cityclerks/20M2003.pdf
- the city of Calgary bylaw has definitions for the following words "Bicycle" and "Vehicle". Now I'm no lawyer but I'd assume that the city bylaw definitions would supercede provincial definitions w.r.t. bylaw enforcement.
- 'Bicycle' is defined as<i> ""Bicycle" means a cycle propelled by human power on which a Person can ride regardless of the number of wheels it has;"</i>
Well, I'm no lawyer, but IMO, there is nothing there that would exclude an ebike from being considered a bicycle.
Also....
- Vehicle is defined as
<i>"Vehicle" means:
(i) cars, trucks, boats, all terrain vehicles, motorcycles, snowmobiles or other
devices which are or may be propelled by a motor; and
(ii) trailers, campers, non-power boats or other devices which may be towed
behind other vehicles; but
(iii) does not include Bicycles and Wheeled Conveyances;</i>
Again, I am not a lawyer, but I don't see anything here that would include an ebike as a 'Vehicle'.
Now if I scroll down, the first related bylaw that I find is:
<i>10. No Person shall operate a Vehicle in a Park except on a Park Roadway.</i>
ok, nothing specific about ebikes,right? so this would only apply if the definition of 'Vehicle' is applied to ebikes, right?
then if I read further down....
<i>PATHWAYS AND TRAILS
30. (1) Unless otherwise authorized pursuant to this Bylaw, no Person in a Park shall use
or ride:
(a) a Bicycle except on a Pathway, Trail or Park Roadway; or
(b) any Wheeled Conveyance except on a Pathway or Trail.
(2) It shall not be an offence to use or ride any Wheeled Conveyance to cross a Park
Roadway where a Pathway or Trail crosses that Park Roadway.
31. (1) No Person shall ride a Bicycle or use a Wheeled Conveyance or Vehicle on a Park
Roadway, Pathway or Trail which is closed, or where such use is prohibited.
(2) Notwithstanding any other provision in this Bylaw, no Person shall leave a Pathway
or Trail while in the following Parks:
UNCERTIFIED COPY
BYLAW NUMBER 20M2003
Page 9 of 20
(a) the Inglewood Bird Sanctuary;
(b) Griffith Woods; or
(c) the Weaselhead;or
(d) the escarpment zone in Nose Hill compromising that area from the Nose Hill
Park Boundary up to but not including the multi use Pathway or Trail.
(B/L 34M2005, 2005 July 25)
32. Unless otherwise posted no Person shall operate a Bicycle or Wheeled Conveyance in a
Park at a speed greater than twenty (20) kilometers per hour.
33. No Person using a Pathway or Trail shall travel at a rate of speed that is unreasonable
having regard to all the circumstances, including but not limited to:
(a) the nature, condition and use of the Pathway or Trail;
(b) any conditions, including weather, that may affect visibility; and
(c) the volume and type of traffic on the Pathway or Trail
regardless of whether that person is travelling at the applicable speed limit.</i>
Again, no special language to single out ebikes, ie if any of this applies it would be based on definition of 'Bicycle'
Conclusions:
I have no doubt that the city considers ebike illegal on their trails, they even state on one of their website pages
<i>
Motorized Vehicles
Motorized vehicles (except wheelchairs) are not permitted on pathways.*
* Indicates a legal requirement</i> (http://www.calgary.ca/portal/server.pt/gateway/PTARGS_0_0_780_234_0_43/http%3B/content.calgary.ca/CCA/City+Transportation/Get+Around+Calgary/Cycling/Bylaws+Safety+and+Education/Share+the+Pathway.htm)
However, IMO, if someone was to challenge the definition of 'bicycle' and 'vehicle' they should be able to beat any charges against them, and would set a precidence that would make the pathways legal to ebikes.
Hows that for an arguement, guys? Do I make any sense?