Power-assisted bicycles, or…

Power-assisted bicycles, or e-bikes for short, are increasingly popular. Studies from around the world, and right here in Ontario, tell us that e-bikes have the potential to help more people cycle longer, further and for more trips. Having access to an e-bike can help address common barriers to cycling such as hills, carrying cargo, distance and keeping up with friends, and they can serve as a mobility aid for people with disabilities.

It has been over a decade since meaningful updates were made to how we regulate e-bikes in Ontario, so I am glad to see this being addressed.

The recently repealed federal definition of e-bikes was broad enough to include both bicycles with an electric assist, as well as low-speed electric motorcycles, which are commonly known as mopeds. As a result of this broad definition, many of the provincial regulations and municipal by-laws for e-bikes have been confusing, and more focused on restricting where mopeds can go, and how they can operate, than on increasing access to e-bikes.

I am glad that the Province is seeking to more clearly distinguish between these different types of vehicles. I support several of the changes included in these regulations, including:

• Creation of different types of e-bikes. This is an essential step that will help municipalities and trail operators create clearer, and safer rules about where e-bikes and mopeds can operate;

• Removal of the age requirement (16 years +) for passengers. Allowing e-bike operators to carry passengers of all ages, as long as there is a seat available, is an important move that supports the use of e-bikes amongst families, and;

• Harmonization of helmet laws. This change creates further clarity for bicycle users across Ontario.

As we move forward, there are several items I’d like to see addressed as part of the regulations to support existing e-bike users, see the continued growth of the e-bike market and local retailers, and increase mobility options for transportation, recreation and tourism.

This includes:

• Wheel width & diameter requirements. Clarify how this is measured and that the wheel diameter is the outermost diameter of the wheel, including the inflated tire. Also, permit Type 1 e-bikes to have narrower wheels of down to 25mm to allow compact, folding, and recreational road e-bikes to operate;

• Exposed fork & frame. Provide greater clarity about the intended meaning of “exposed fork and frame”, and which bicycle designs are intended to be excluded by this provision. Clarify that tricycle and cargo bike designs are exempt from this requirement to ensure their continued use by families and people with disabilities;

• Non-commercial e-bikes over 55kg. This weight limit should be raised to reflect the realities of the e-bike market, but if that is not possible, e-bikes weighing 55 – 120kg and meeting the other non-weight Type 1 requirements, should be permitted by default for non-commercial use. Municipalities may adopt further regulations to address the concerns specific to their jurisdictions, and;

• Twist-grip throttle. If a functional requirement such as power modulation is thought to be critical, the language of the requirement ought to be inclusive to all mechanical and electronic mechanisms (ex. thumb-lever, twist grip and push-button).

Thank-you for the opportunity to provide feedback on the proposed regulations. Some additional background information has been provided below on the recommended changes.

 
Additional Background

Wheel diameter
• Previous requirements that e-bike wheels have a wheel diameter not greater than 350mm have been carried over into the proposed regulations;
• Popular e-bike models with 16” wheels such as the electric Brompton have a wheel diameter of 349mm when only the rim is measured, and an outer diameter of 375-385mm including the tire;
• The regulations should specify how wheel diameter is measured to avoid confusion, unnecessary enforcement and unintentional banning of e-bikes already in use.

Wheel width
• Previous requirements that e-bike wheels be no less than 35mm are also carried over into the proposed regulations, however, the rationale behind this requirement is unclear;
• While most e-bike wheels (including the tire) are greater than 35mm, a number of small wheeled e-bikes and road bikes have tires between 25mm and 35mm;
• The Province should clarify the intention behind this requirement, and ensure that new regulations do not unintentionally ban smaller wheeled e-bikes.

Exposed fork & frame
• It is unclear what is meant by exposed fork and frame, and many models of electric tricycles and electric cargo bikes do not have an exposed fork in the traditional sense;
• It is likely that the drafter’s intent was to exclude mopeds and electric motorcycles, that were previously categorized with traditional bicycles as power-assisted bicycles;
• The regulations should clarify what types of e-bikes would meet the exposed fork and frame requirements, and any e-bikes that are specifically excluded. Electric tricycles and cargo bikes should be exempt.

E-bikes over 55kg
• The maximum weight requirement for Type 1 e-bikes of 55kg excludes models such as Canada’s most popular family style cargo e-bike (Babboe City at 60kg) and mobility tricycles that are naturally heavier due to their design (OPair Wheelchair bike at 60kg);
• It is unclear why these important mobility tools should be excluded based on only a 5kg difference, particularly when Type 2 and Type 3 e-bikes can weigh up to 120kg;
• This clause would also exclude the current use of the Van Raam Chat bicycles by the Cycling Without Age program for seniors (97kg);
• Many of these e-bikes also do not meet the current requirements to be part of the e-cargo bike pilot, even if municipalities choose to adopt that pilot (ex. clause 1(c) stipulates that e-cargo bikes must have a platform, basket or container to carry cargo, parcels or goods);
• Ultimately, I would like to see this weight limit removed or significantly raised to reflect the realities of the e-bike market. If that is not possible, the regulations should be updated to ensure that e-bikes under 120kg being used for personal and nonprofit use are permitted by default, and that municipalities can adopt further regulations to address specific concerns in their jurisdiction. Larger commercial e-bikes can be part of the e-cargo bike pilot project.

Twist-grip throttles
• The current regulations narrowly describe permitted throttles as only “twist grip” throttles. I am not aware of other jurisdictions that include this requirement;
• There are many available models of throttle, including twist-grip, thumb-lever and push-button which still allow the rider to modulate the motor’s power (aka. not full power all at once);
• The regulations should not limit the types of throttles permitted.