With electric bikes a relatively new phenomenon, it might seem difficult to know what can go where legally in B.C.
E-bikes, electric motorized scooters and electric motorbikes have become more popular forms of transportation, but there may still be some mystery surrounding what is and is not legal on roadways or on non-motorized trails for many people.
Conversations around these vehicles often lead to comments like: “It’s a grey area.”
This is not really true, regulations around all three of these categories do exist, and it might just be a case of figuring out which category something falls into.
Deciding which is an e-bicycle, which is an electric motorbike and which is something in between is determined by power and how the vehicle is structured.
There are some basic questions you can use to determine what is legal to ride on a roadway and what can be used on a non-motorized trail, and which rules apply.
Can you pedal it?
If you can pedal it to power it, and it has a seat (you do not sit “astride” the bike like a motorcycle) it is likely a bicycle.
How fast can it go?
With pedal-assist, if it does not go faster than 32 km/h on level ground, it still fits into the first electric bicycle category. In Canada, e-bikes used as bicycles are legally speed-limited to this level of assistance.
How much power does it put out? If the motor does not put out more than 500 watts of power, it is still more of an electric bicycle.
ICBC calls electric bikes with two or three wheels complying with all three of these stipulations, motor-assisted cycles (MAC). These MACs are allowed to ride on roadways like a bicycle and allowed on most non-motorized trails (some areas may have local regulations).
MACs do not require registration, licensing, or insurance. No driver’s licence is required, but riders must be at least 16 years old and must wear a bicycle helmet.
Riders are subject to the same rights and duties as the driver of a motor vehicle when on the road and bicycle safety rules should be followed.
Conversely, if an electric bike has no pedals you can use to power it, or it accelerates up to more than 32 km/h on level ground or puts out more than 500 watts of power, it is in different legal territory.
There are also a variety of electric motorbikes, some styled more like a scooter and some more like electric dirt bikes. Different rules apply to each, just like the gasoline-powered ones. Electric motorbikes and scooters with more power, not powered by pedals, however, are not allowed to be used on non-motorized trails and not all area allowed on roadways.
If they put out less than 1,500 watts of power, and can go up to 70 km/h on level ground, and have the requirements to licence them on roads (lights, safety features, etc.), they can go on many roadways. This is, of course, only if they have proper registration, insurance and licensing in place, just like a gas-powered motorcycle. The rider must also have the required driver’s licence and wear an approved helmet.
Higher-powered electric bikes with more than 1,500 watts of power which can go over 70 km/h on level ground, qualify as and are regulated as motorcycles. These can be on-road motorcycles or off-road motorcycles, similar to gas-powered ones. Motorcycles, electric or not, must comply with road safety regulations, be licensed and registered to go on roads. But for off-road motorcycles, sometimes riders seem to be under the impression an electric motor gives them rights to be places their gas-powered counterparts would not be.
But simply having electric motors does not make them legal on non-motorized networks.
Under the compliance and enforcement rules for off-road vehicles, natural resource officers can stop, inspect and where appropriate, seize off-road vehicles (ORV) not complying with restriction signage. Fines for non-compliance have been increased to $230 for an unregistered ORV and $368 for careless operation of an ORV or damage to property.
ORV drivers must have access to registration information for their ORV at all times and ORV riders 12 and older must carry government-issued photo identification to help officers identify riders and establish their age. Conservation officers can enforce the Off-Road Vehicle Act and Regulations regarding registration, licensing the bike, or other infractions related to this Act like riding without a helmet or scaring wildlife. RCMP or other police are also able to enforce these regulations in some instances as well. So while many riders are taking advantage of a perceived “grey area” while these electric bikes become more readily available, the truth is actually already there, in black and white.
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