As a sample I offer two perhaps contradictory stories coming out of the first annual Ontario Bicycle Summit that was held last weekend in Waterloo. (see also Fighting for a safer ride of way,By Tess Kalinowski)

The first was reported was reported to Durham E-Bike Association Facebook Group member Barry Morgan:

“Hey Barry, just thought I would pass along this little excerpt from the cycling summit about e-bikes. The O.P.P officers I spoke with think there will be major changes coming in regards to e- bikes. I got to meet your sweethart from the T.O cyclists union and the nut case city councillor from Guelph. Suprisingly both have been fairly quiet in the seminars that I have seen them in. I’ll talk to you more Wednesday morning.
Shawn

–If you know someone with a power-assisted bicycle (the so-called e-bikes), they had better be prepared to get a motorcycle licence. The time limit for the pilot project allowing them on the road runs out in just a few short weeks: Oct. 9. Unless the pilot project is extended, or there is some kind of provincial proclamation legalizing e-bikes, they revert to the class of motor-assisted bicycles. That means licence and helmet and no more riding on sidewalks or bicycle lanes.”

The second is a report that the pilot will be extended as told in the blog “Take the Lane” by Bill Lean.  What I particularly like about Bill’s column is his advice to treat e-bike riders as allies rather than enemies of cyclists.

Who or what to believe?  We’ll just have to see, but I have to believe that the province will look pretty silly if it clamps down (through regulations) on e-bikes when this has not been done anywhere else in Canada.

P.S.  For those of you who may not have heard, there was a collision between an E-Bike and a police cruiser reported on September 14th.  Read the CP24 Report.

Thank you to Charles Jonah for sending me these links.

Response to Warren Christiani from James Bradley re E-Bike Regulations

I also made enquiries about the process that follows between the regulatory proposal and promulgation of the regulations to see if there were additional opportunities for input.  The response from the Ministry on this enquiry is given below.

Bottom line is that there appears to be no further opportunities for input.

In this letter he suggests checking regularly on the ministry website at:

http://www.mto.gov.on.ca/english/dandv/vehicle/emerging

————

Dear Mr. Christiani,

Thank you for contacting the Ministry of Transportation regarding the regulatory process.

Regulations are important tools made under the authority of a specific piece of legislation (e.g. the Highway Traffic Act). Legislation provides the broad legal authority for the government to act in a certain sphere of public life, while accompanying regulations provide the technical details and specifics that support the legislation (e.g. the Highway Traffic Act gives the Minister of Transportation the authority to set standards for traffic signs, while the regulations set out the actual size, colour and details of those signs).

Regulations are laws which can only be made when authorized by legislation, can include only matters defined within that statute, and can be made only by those authorized in the legislation. Usually this authority is given to the Lieutenant Governor in Council (LGIC), but sometimes it is given to a minister, other official, or body.

Regulations requiring LGIC approval (i.e. LGIC Regulations) need to be submitted to a Cabinet Committee, known as the Legislation and Regulations Committee (LRC), for consideration and approval. A Ministerial Regulation requires only the Minister’s approval. The following is a breakdown of the process involved in preparing a regulation for approval.

1. The regulatory proposal is prepared by ministry and legal staff and takes into consideration any feedback received through stakeholder consultation and public input received through the regulatory and environmental registries. (Applicable to both LGIC and Ministerial regulations)
2. Once the regulation has been drafted, it proceeds to LRC for consideration. This committee will make a recommendation to Cabinet as to whether or not the regulation should be approved. (Applicable to LGIC regulations)
3. If approved by Cabinet, the regulation must then receive the approval of the Lieutenant-General-in-Council before it can be filed with the Registrar of Regulations. Filing of the regulation is the last formal step that must be taken before it becomes law. (Applicable to LGIC regulations)
4. Regulations come into force either immediately or on a specified later date. The Government of Ontario’s “e-Laws” website is typically updated within two business days and should show the regulation under the “Source Law” link. If the regulation amended an existing regulation, it should be consolidated into that regulation within 2 weeks. As well, the regulation is published in the Ontario Gazette approximately three weeks later. (Applicable to both LGIC and Ministerial regulations)

If you have any further questions regarding how regulations or legislation come into effect, please feel free to visit the Ontario Legislative Assembly website at http://www.ontla.on.ca/web/home.do.

Sincerely,

Marilyn Zizzo

Marilyn Zizzo
Senior Policy Advisor
Policy, Priorities & Coordination Office
Strategic Policy and Transportation Economics Branch
Ministry of Transportation

An opinion about riding bicycles:

• The terrible torture of riding …by Mark Richardson

On the promise of electric vehicles:

• GM asking for trouble with Volt …by Peter Gorrie
• Electric vehicles’ fuel ratings more magic than math by Peter Gorrie
  
• Hybrid cars fuel fears of metal shortage by Steve Gorman
  
• In the dark on the future of electric vehicles by Peter Gorrie

On bicycle/car relations:

• Car vs. cycle: Road war shifts to higher gear,By Nicole Baute
• Drivers don’t get it, neither do cyclists,By Iain Marlow
• Wheel empathy,By Vivian Song
• More than road rage creating our mean streets,By Angelo Persichilli
• Tragedy reignites drivers-cyclists feud (Letters)
  
• More reaction to cyclists and drivers (Letters)

Credit for finding this goes to Pierre Hinse of the Durham Electric Vehicle Association who showed us this music video after we had just ridden an electric bus for 30 km.

To find out what that was like go to An Electric Bus Ride.

Here are some videos that I took on that trip:

See also:

• Electric Bus Ride Part II
• Electric Bus Ride Part III

• The case for testing and licensing cyclists,By Peter Gorrie
• Spent batteries pose heavy problem,By Ellen Moorhouse

From the Ottawa Citizen (courtesy of Charles Jonah at Jademark):

• Scooters, cyclists war over right to use NCC trails
• Pushing the limits — Speed test: From strollers to cycling commuters, a diverse group jockeys for position on NCC paths

From CBC News in Ottawa (featuring Charles Johah):

• CBC News Video about E-bikes on NCC trails

To the Hon. Dalton McGuinty, Premier of Ontario

Dear Mr. McGuinty,

My company Dewdad Inc/Veloteq Canada East has been involved in the importation and marketing of electric bikes in Ontario since the pilot program began on October of 2006.  Having seen my first electric bicycle in British Columbia back in 2003,  I was certainly surprised that Ontario had not yet adopted these incredible alternatives for short commuting needs, with zero pollution and zero emissions, it certainly seemed like a natural fit into today’s society.

As a 55 year old motorist, a bicycle was not an attractive or practical alternative, for the distance I needed to travel.  An electric bicycle, with a cosmetic covering that resembles a scooter, a comfortable seat, headlights and turn signals was certainly a viable alternative. The brake lights and under seat storage all added to their charm.

Having been in the trade show industry for over 30 years, I jumped at the opportunity to add this to my list of “green products” to promote at major events across Ontario, such as the Green Living Show, The National Home Show and The Green Expo Show in Ottawa each year.  I have also been asked by Smart Commute and Pollution Probe to introduce alternatives via clinics at many companies across the GTA. I have lectured at about 50 clinics in the last two years on thinking twice before driving short distances.

Electric Scooter Style bikes were an instant success, despite the “dark cloud” of Ontario’s Pilot Program.  It was my understanding that during the three years, the MTO would be gathering information on their safety and how well they fit into Ontario’s bike lanes and bike paths.  I witness no such gathering of information.

A little over a year ago the Toronto Cycling Union (TCU) was formed and they immediately started lobbying against e-bikes claiming there is already too much congestion and insufficient paths.  This downtown “Torontocentric” attitude was extremely disturbing because my customers in Georgetown Ontario, North York, Pickering, Port Hope etc, do not wish to concern themselves with a 3 kilometer stretch of “city congestion”.  To wish for a provincial ban, the TCU should be ashamed of themselves for even suggesting this, when one less car should be everyone’s goal, especially for short commuters.

It became apparent to me when I was invited to the “stakeholders meeting” at the MTO on June 16th that the scooter style were in serious jeopardy by those who seemed to know nothing about them.   One comment that the bikes were too wide and too long for paths, was incredibly inaccurate since handle bar to handle bar they are the same width as a bicycle.  It seemed nobody took a measuring tape to one of our bikes during the pilot program.  Another “concern” was that they were too quiet. That comment was extremely bothersome, because the whirring sound of the motor is by no means too quiet and is equivalent to the clicking sound of a bicycle chain, and both would be unheard on a busy street anyway.

It was this level of comments coming, from the Ministry and the so called stakeholders that made us all aware at the desperate attempts that certain organizations were sinking to eliminate this style of bike. The term ‘red herring’ is the best way to describe what I witnessed.

To think that e-bikers are “threatened” to require licencing and insurance to travel 30 kilometers per hour and my 21 year old son could whip pass me on his bicycle and without a helmet to boot travelling over 40 would be incredibly insulting.  Not one of my customers nor would myself pay to go this slow. The Federal Definition of e-bikes includes both styles of e-bikes and it seems it is only Ontario that has an “issue” with their look.  I like to remind certain people, it is their “scooter” look that makes them attractive to motorists to even consider leaving their car at home when going to the corner store to get a few items, or trips of 20 km and less to work in the morning.

Our sales have come to a complete halt as a result of the pilot and I am sure much like my competition I am stuck with 120 electric bikes that no one wants to risk owning.

It was apparent at the stakeholders meeting that not one naysayer was at all interested in the fact that other provinces have had great success with all styles of e-bikes.

One would think that Ontario should have been the leader in sustainable transportation options, not the laggers.

Please help and help quickly. Our summer sales have come to a screeching halt.

Larry Dawidowitz

Dewdad Inc/Veloteq Canada East

President

• Cyclists and the rules of the road
• More letters on cyclists

• Woman, 56, dies after sidewalk crash with cyclist,

• The BionX Man,
• Green: Slow road to electric driving
• Strange behaviour on the world’s roads

My apologies if this appears Toronto Star centric but that is what I read.

However, here is an article in the Cambridge Times written by Norm Dykstra-Swain who stays in touch with me through the E-Bike Rider Network.  Thanks, Norm.

• http://www.cambridgetimes.ca/opinions/article/184066

Warren

To the Hon. Dalton McGuinty, Premier of Ontario

Dear Mr. McGuinty,

I am writing to you as the leader of this government to ask that you exercise your prerogative as premier and direct the Ministry of Transportation to take quick action to clarify the status of power-assisted bicycles, more commonly known as E-bikes, on the roads in Ontario.  The present lack of clarity from the MTO in this regard is unacceptable and is having an unnecessary negative impact on e-bike vendors and riders.

As you should be aware, on October 6, 2006 the Ministry of Transportation commenced a three year pilot project to evaluate the use of e-bikes with intent to evaluate their impact and determine appropriate permanent regulations.  During the time of the pilot the ministry set preliminary regulations whereby any vehicle that fit the Federally definition of a power-assisted bicycle would be treated as if it were a bicycle, that is, road usage did not require the vehicle to be plated or to be insured, and the operator did not required a license.  For brevity I will not repeat the detailed specifications for an e-bike here but any of your MTO officials should be able to provide the necessary information.

During the course of the pilot a number of Ontario residents, including me, decided to participate in the pilot by purchasing and using E-bikes.  As an early adopter of this technological innovation, I would like to report to you that I have successfully demonstrated that e-bikes represent an attractive alternative form of transportation for short distance travel and e-bike riders willingly give up the power and speed of their fossil fuel powered vehicles as a fair trade-off for low operating costs.  I would also like to report to you that in my experience as both a regular bicycle rider and as an e-bike rider that these vehicles, regardless of their appearance and regardless of whether the e-bike rider chooses to pedal or not, are appropriately classified as bicycles for the purpose of usage on the road.

I have personally accumulated 4600 km worth of riding experience on my scooter-style e-bike (consuming only $20 worth of electricity to do so!)

Unfortunately, your Ministry of Transportation did not similarly choose to participate in their own pilot project.  I have evidence that they did absolutely no investigation of the operational use and road handling characteristics and other aspects of these vehicles up until late in the spring of this year possibly as late as June.

I base this statement on my direct observation of ministry staff on June 16th, 2009 when I was invited to participate in a stakeholders meeting with regard to future e-bike regulations.  I made a point of bringing my own e-bike to this meeting with intent to show it to the other stakeholders who may not have been familiar with them.  A few of the vendors in attendance also brought along samples of e-bikes.

What actually transpired was different than what I was expecting.  After the other stakeholders had left, ministry staff asked all of us to bring our e-bikes to the east parking lot where Ministry staff proceeded to try the e-bikes, ask questions, take pictures of them in detail and take weights of each.  Some time later, when I thought about what had happened I was forced to conclude that the Ministry staff were looking at e-bikes for the very first time three and a-half months before the end of the three year pilot.

Since that stakeholder meeting I have seen no evidence to contradict my claim.  A careful read of their regulatory proposal that was subsequently posted on June 18, shows that it contains no ‘proposal’, only a request for suggestions as to what the regulations should be.   Within the same proposal there is a thinly disguised threat that the scooter-style e-bikes (the type that I ride) might be outlawed through the establishment of restrictions on weight.  No technical rationale was given except for a vague concern that they might be too heavy.

I also wrote to Hon. James Bradley, the Minister of Transportation, on June 24 (with a cc to you), requesting the details of the budget that was allocated to evaluating the pilot project.  To date I have received no reply.  From this I am also forced to conclude that there was no budget and the ministry will be making decisions arbitrarily based on who submitted the ‘prettiest’ comments.  It also became apparent, that now that they have decided to get serious, the real regulations will only be available in late September just prior to the end of the pilot.

This situation is outrageous.  As an e-bike rider I can tell you that the question of appropriate regulations could have been resolved last summer or even in the first summer of the pilot project if the effort to do so had been appropriately directed.

And you should know that this dithering/incompetence on the part of the Ministry is threatening the very livelihood of some small business owners, who responded to the need and chose to start selling e-bikes. Having purchased inventory, for what they thought would be a bumper year when e-bikes were finally permanent in law, their sales have come to a dead halt.  The reason given by prospective buyers:  “We are going to wait to see what the MTO is going to do.  No point in investing money ($1000-$3000) if we won’t be able to use the e-bikes after October.”

Mr. McGuinty, it is absolutely stupid that I have to write to you, asking you to solve a problem that should have been a ‘no-brainer’ on the part of the MTO.  The majority of the other provinces have permitted e-bikes on their roads treating them as bicycles with no special restrictions and minimal regulations without conducting ‘pilots’.

Please do the right thing and direct the Ministry of Transportation to immediately make it clear that, regardless of the detail of the final regulations, all e-bikes that meet the federal definition of a ‘power-assisted bicycle’ (regardless of their look or weight) will continue to be permitted to be used as bicycles in Ontario.

If, for any reason, the Ministry of Transportation indicates that they are unable to do so, please advise them that I am willing to work with them, without pay, and in their offices for as long as it takes, to resolve any outstanding issues.  Also, please insist that they take me up on this offer.

Thank you for your time.

Warren Christiani
Whitby, ON

An e-bike rider

President, Durham E-bike Association
http://durhamebikeassociation.org/

Webmaster
http://ebikernetwork.org/

cc:
Hon J. Bradley; T. Hudak; A. Horwath; F. Klees; P. Tabuns; C. Elliot; J. O’Toole

and all the other e-bike riders that I know.

I did write to them a couple of weeks ago to ask what was to happen next after the deadline for submitting comments on their ‘proposal’ had passed.   I was told that they were analyzing the comments received.

——–

A vendor in Toronto tells me he pressed the MTO for some sort of ‘bone’ to indicate what they were thinking, since he has found that a lot of people who he speaks with are holding off on buying an e-bike until they know what the MTO decides.   The MTO reported back that they discussed this request but declined to give any ‘bones.’

———

From a vendor in Ottawa, I hear of a single mother who acquired an e-bike as alternative mode transportation for herself and her three year old daughter, who is continually harassed by conventional cyclists when she uses the extensive bike trail system in Ottawa.   In response to his abuse she has been altering her routes and taking other measures but is now to the point where she wants to sell her e-bike.

The National Capital Commission (NCC) that manages the bike trails, originally banned e-bikes but has since revised its position and now permits their use.

The situation in which this woman finds herself,  has been brought to the attention of various authorities in Ottawa and the MTO, but so far no action appears to have been taken.

I would have to say that this situation can be traced, to a large extent, to the lack of clarity or public education about e-bikes from the MTO.

P.S.  If you were wondering, the child wears a Harley-Davidson child harness and a bike helmet.

Read the full story in the Ottawas Citizen (courtesy of Charles Jonah at Jademark._  See the story on CBC.

———–

From Newmarket, I hear of a scooter-style e-bike rider who was charged with offenses under the Highway Traffic Act.  Correspondence with the York Regional Police cited the MTO’s concern about scooter-style e-bikes (i.e. that they meet the letter but not the intent) but more specifically indicated that there may not have been the required label on the e-bike.  The correspondence also indicated that the officer did consult with other officers and sources before laying the charges and that the validity of the charges was to be determined by the courts.

We will have to see how this one goes.

———–

I sent a copy of my Open Letter to James Bradley to opposition party Transportation Critics  Peter Tabuns (NDP – Toronto-Danforth) and John O’Toole (PC – Durham) and received positive and interested responses from both.  I will be meeting with John O’Toole later in August (his office is nearby in Bowmanville.)  John also mentioned that he was Transportation Critic temporarily and the job has now returned to Frank Klees (PC – Newmarket-Aurora).

Reports from other e-bikers who have met with their local MPPs indicate that the correct focus for communication is to James Bradley (St. Catherines) the Minister of Transportation.

Keep those cards, letters and e-mails going . . .

Warren