this post was submitted on 20 Sep 2024
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Ontarians, I need your help.

This week I was pulled over by the police for having a kid's seat on my e-bike. I was informed this is illegal in Ontario as Sec. 38 of the HTA doesn't allow anyone under the age of 16 to be on a power-assisted or motor assisted bicycle.

In 2021 the Moving Ontarians More Safely Act came out that separated power-assisted bicycles (like e-bikes) from motor assisted bicycles (like dirt bikes). This will finally allow child seats on e-bikes.

Please call your MPP to get this bill that passed and assented 3 years ago into law.

Details on the wording of the current and assented laws:

currently the Highway Traffic Act, section 38, states : "No person who is the owner or is in possession or control of a motor assisted bicycle or power-assisted bicycle shall permit a person who is under the age of 16 years to ride on, drive or operate the motor assisted bicycle or power-assisted bicycle on a highwau"

the Moving Ontarians More Safely Act, 2021, S.O. 2021, C. 26 - Bill 282 splits this into a few sections: "No person under the age of 14 years shall operate a power-assisted bicycle described in clause (a) of the definition" "No person under the age of 16 years shall operate a power-assisted bicycle described in clause (b) or (c)" and the new section 38.1: "No person under the age of 16 years shall ride on, drive or operate a motor assisted bicycle on a highway" From my perspective this will make e-bikes legal to have kids seats; and separate the class away from gas and electric dirt bikes.

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[–] toaster 2 points 2 months ago (1 children)

Contact The Biking Lawyer. They'd be all over this case.

[–] Nouveau_Burnswick@lemmy.world 2 points 2 months ago

No case yet, I was given a warning not charged.

I'll still reach out, they're likely tied into the right people.