The fraught issue of regulation of e-bikes

I've often wondered what are the actual rules around e-bikes. They are ubiquitous in Toronto these days and, given that many of them use roads, bike lanes and sidewalks almost interchangeably, it's hard to know what they are supposed to be doing. Suffice to say, I'm pretty sure they are not following what rules do exist.

A pretty comprehensive article in the Globe tries to tackle the subject and, yes, it's complicated. While provinces and municipalities are keen to encourage e-bikes as a way of addressing traffic problems and climate change, it's hard to do that while also ensuring the safety of pedestrians, regular cyclists, e-bikers and even car-drivers.

There are so many different types of e-bikes available these days that the line between bike, e-bike and motorbike is pretty blurry. And the rules governing them are a patchwork of provincial and municipal laws. And, to make things worse, there is next to no enforcement of the rules anyway.

One distinction is between e-bikes on which the motor plays merely a supporting role and most of the power is provided by pedalling (sometimes referred to as "pedelecs"), and ones where pedalling is optional or entirely unnecessary. Some e-bikes may have pedals that are completely inoperable and just for show, designed to ensure they are classed as bikes and not motorbikes (which have much more onerous regulations and licensing requirements, as well as insurance implications). Some e-bikes may have speed limiters, where the motor cuts out when a certain speed is reached, but most don't.

The laws and bylaws governing e-bikes try to take all this heterogeneity into account, but that ends up making things very complicated. For example, in Toronto, e-bikes that are limited to 32 km/h capability are allowed in paint-only bike lanes (i.e. those that are not physically separated from the road by a curbstones or other barrier) but prohibited in separated ones, the (perfectly reasonable) theory being that passing other cyclists is easier and safer on the paint-only lanes. But do you think anyone is even aware of these arcane bylaws?

Also, e-bikes that require some muscular power (i.e pedalling) are allowed on all bikeways in Toronto, providing they weigh less than 40 kg. Again, you can see the logic here - especially given that some actually weigh in at over 100 kg - but it is completely unenforceable. 

And all e-bikes are technically banned from riding on sidewalks, but is anyone really going to ticket a food courier riding on the sidewalk of a fast, dangerous arterial road which has no bike lane, when that they are merely prioritizing their own safety? Presupposing that anyone is even trying to police them.

British Columbia's rules are even more complex. Its Motor Vehicle Act defines e-bikes according to their power rating, 200 or 250 watts depending on the rider's age, and a speed capacity of less than 32 km/h. If an e-bike exceeds these parameters, then they are technically subject to motor vehicle licensing and other rules like a full-blown motor cycle. How is that going to be enforced?

Electric kick scooters (like a kid's scooter but with a motor, sometimes referred to as "micromobility") are a whole other issue, and a whole other risk factor for pedestrians, drivers and cyclists. These require no physical exertion (apart from balance), but they are nimble, portable .... and fast. Some are rated at 40 km/h or more - I was talking to a guy recently who maintained his scooter did 80km/h! -  although Ontario's laws limit them to 24 km/h on roads. Well, that's not going to happen!

You can't fault provinces and municipalities for trying to regulate e-bikes and micromobility. They are increasingly popular, and are an increasing hazard, and accidents and complaints about them are proliferating. And, of course, they are a good match with jurisdictions' climate change goals and traffic management issues. But to call it the Wild West is putting it mildly.

The author of the article suggests a way forward that tries to balance safety and safety conduct with the encouragement of further growth in e-bikes. First, food delivery couriers need to be specifically regulated (with the onus on the app/company): riders need to be properly trained, bikes should be monitored to ensure they are in good working order and meet all applicable rules, safe charging stations and secure overnight parking facilities should be mandated, etc.

Second, provinces should provide funded cycling education in schools (as already happens in BC) as well as for any adults who want it. Motorists should also have their driver education extended to include dealing with bikes and e-bikes.

Third, governments should standardize their e-bike definitions, and implement a system that allows for easy identification of e-bikes and whether or not they should be covered by licensing laws.

And cities should re-double their efforts to build cycling infrastructure. Toronto, for example, has bike lanes on only 4% of its roads, lagging well behind leaders like Vancouver and Montreal.

All sensible suggestions. But since when did sensible suggestions becomes the basis for government policy?