Legal to push bike on sidewalk engine off? | Page 3 | GTAMotorcycle.com

Legal to push bike on sidewalk engine off?

nywing said:
This thread brings up another question I've had for ages. One time I was drinking up the hill from where I lived and being an idiot drove my motorcycle there. I ended up not over drinking and being safe, but had contemplated that, had I really been drunk, I would unlock my steering and give the key to my friends going home by other means. I would then ride the bike down the hill obviously not ignited and actually incapable of being ignited (with no keys).

Would I have been charged had I been drunk and cops caught me riding down the hill powered by gravity??
Click to expand...
Well since you can get a DUI on a bicycle then yes.
 
nywing said:
This thread brings up another question I've had for ages. One time I was drinking up the hill from where I lived and being an idiot drove my motorcycle there. I ended up not over drinking and being safe, but had contemplated that, had I really been drunk, I would unlock my steering and give the key to my friends going home by other means. I would then ride the bike down the hill obviously not ignited and actually incapable of being ignited (with no keys).

Would I have been charged had I been drunk and cops caught me riding down the hill powered by gravity??
Click to expand...

Since you can be charged under Care and Control, for standing near your bike with your keys in your possession while impaired, I'd say yes.
 
Rob MacLennan said:
Since you can be charged under Care and Control, for standing near your bike with your keys in your possession while impaired, I'd say yes.
Click to expand...

he said he would give his keys to his friend... He would not have his keys on him.
 
nywing said:
This thread brings up another question I've had for ages. One time I was drinking up the hill from where I lived and being an idiot drove my motorcycle there. I ended up not over drinking and being safe, but had contemplated that, had I really been drunk, I would unlock my steering and give the key to my friends going home by other means. I would then ride the bike down the hill obviously not ignited and actually incapable of being ignited (with no keys).

Would I have been charged had I been drunk and cops caught me riding down the hill powered by gravity??
Click to expand...

Yes. You're still operating the vehicle, whether on road or sidewalk, even if the motor is not running.
 
Splash said:
Well since you can get a DUI on a bicycle then yes.
Click to expand...

No, you can't. Impaired operation laws are specific to specifically-defined vehicles, those being trains, streetcars, vessels, and "motorized" vehicles. It doesn't include human-powered bicycles. Also, while the provincial impaired driving penalties don't apply to eBikes, the federal Criminal impaired driving offences do.

Assuming you haven't hurt anyone, the most you can get for riding a bicycle drunk is a provincial offences ticket for public intoxication, and maybe a ride home in the back of a police cruiser.
 
Last edited:
Splash said:
he said he would give his keys to his friend... He would not have his keys on him.
Click to expand...

Would they be accessible to him, as in nearby? Would the friend also be impaired? It really wouldn't matter. Even if the engine is off, he'd be screwed. Ford v. The Queen repeatedly uses the term "setting the vehicle in motion", implying that the engine need not be running for a charge to stand.

CC: 253. (1) Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not,

  • (a) while the person’s ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or
  • (b) having consumed alcohol in such a quantity that the concentration in the person’s blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood.
<aside>For greater certainty

</aside>(2) For greater certainty, the reference to impairment by alcohol or a drug in paragraph (1)(a) includes impairment by a combination of alcohol and a drug.

The clear implication is that if the vehicle is in motion, it's being "operated." I seriously doubt that an argument to the contrary would have any traction.
 
turbodish said:
No, you can't. Impaired operation laws are specific to specifically-defined vehicles, those being trains, streetcars, vessels, and "motorized" vehicles. It doesn't include human-powered bicycles. Also, while the provincial impaired driving penalties don't apply to eBikes, the federal Criminal impaired driving offences do.

Assuming you haven't hurt anyone, the most you can get for riding a bicycle drunk is a provincial offences ticket for public intoxication, and maybe a ride home in the back of a police cruiser.
Click to expand...

Interesting aside: Since the definition of an e-bike includes having pedals all of those people who have removed them, because they don't look cool, are now effectively operating an unlicensed and uninsured motor vehicle. People who are using them, because their licences are under suspension for impaired operation, beware!

... or get caught. It'd look good on you.
 
Rob MacLennan said:
Interesting aside: Since the definition of an e-bike includes having pedals all of those people who have removed them, because they don't look cool, are now effectively operating an unlicensed and uninsured motor vehicle. People who are using them, because their licences are under suspension for impaired operation, beware!

... or get caught. It'd look good on you.
Click to expand...

A driving disqualification (different from a simple suspension) arising from an impaired driving conviction does apply to eBikes. The driving disqualification is a federal penalty to a conviction for a federal Criminal offence, and federal Criminal law still defines an eBike as a motorized vehicle. Federal law would override the provincial law in this circumstance, regardless of whether the eBike's pedals are attached or not.
 
turbodish said:
A driving disqualification (different from a simple suspension) arising from an impaired driving conviction does apply to eBikes. The driving disqualification is a federal penalty to a conviction for a federal Criminal offence, and federal Criminal law still defines an eBike as a motorized vehicle. Federal law would override the provincial law in this circumstance, regardless of whether the eBike's pedals are attached or not.
Click to expand...

I don't know that that has been tested in court, as of yet. At least a search of CanLII fails to turn up an case law. The definition is a vehicle that is propelled by other than muscle power so, logically, the electric motor should qualify it as a motor vehicle, but I'll wait until there's case law before stating so.
 
Rob MacLennan said:
I don't know that that has been tested in court, as of yet. At least a search of CanLII fails to turn up an case law. The definition is a vehicle that is propelled by other than muscle power so, logically, the electric motor should qualify it as a motor vehicle, but I'll wait until there's case law before stating so.
Click to expand...

I don't know of any case law at the moment, but the MTO states the following at http://www.mto.gov.on.ca/english/dandv/vehicle/emerging/e-bike-faq.shtml
[h=4]13. If my driver’s licence has been suspended, can I legally operate an e-bike?[/h] It depends on the particular circumstances that lead to the licence suspension. If your driver's licence suspension was related to a conviction under the Criminal Code of Canada, you cannot legally operate an e-bike. If your driver's licence has been suspended under these or other circumstances, it is recommended that you discuss your situation with a licensed legal practitioner before deciding to operate an e-bike.
Click to expand...
[h=4]24. If a police officer stopped someone who was drunk while driving an e-bike, how would they be charged? Would this be a Criminal Code offence or an HTA offence?[/h] Drinking and driving a motor vehicle is a Criminal Code offence and charges are laid under the Criminal Code of Canada. Under the Criminal Code, the definition of a "motor vehicle" would include an e-bike and anyone operating an e-bike intoxicated could be charged for impaired driving. If convicted, the offender would be subject to the Criminal Code penalties, including a fine or jail time, and a driving prohibition.
Under the Highway Traffic Act, an e-bike is not classified as a motor vehicle, so penalties for impaired driving under the Act would not apply.
Click to expand...
 
Cutting your grass, on your private property, on a riding lawnmower.... while drunk... is illegal.
 
turbodish said:
No, you can't. Impaired operation laws are specific to specifically-defined vehicles, those being trains, streetcars, vessels, and "motorized" vehicles. It doesn't include human-powered bicycles. Also, while the provincial impaired driving penalties don't apply to eBikes, the federal Criminal impaired driving offences do.

Assuming you haven't hurt anyone, the most you can get for riding a bicycle drunk is a provincial offences ticket for public intoxication, and maybe a ride home in the back of a police cruiser.
Click to expand...

Then you better inform these guys

http://duicanadainfo.com/
 
--> Caveat - I don't know how much weight can be placed upon this but;

I was listening to Q107 last night and they had a drunk driving special on and the question was raised to a TPS Officer about riding a bicycle while intoxicated. His view was that a bicycle does not count as a vehicle and the most you can be charged with is drunken in public. He advised that you can't be charged with impaired driving.

Again....that's just one officers take.
 
A lot of wrong information in this thread. Trying to sort through all the bs would need a haz.-mat. suit. Noobies, just because some dumb ass on the Internet says something doesn't make it true. Do your research.
 
adri said:
A lot of wrong information in this thread. Trying to sort through all the bs would need a haz.-mat. suit. Noobies, just because some dumb *** on the Internet says something doesn't make it true. Do your research.
Click to expand...

Then I suggest you correct it, rather than just casting random stones.
 
CruisnGrrl said:
This is insane. Technically you could be charged for drinking at home while washing your car.
Click to expand...

Yeah, it's ridiculous. I'm sure I'm not the only one who likes to have a couple of beers while I do maintenance on my bike, and depending on the particular maintenance I'm doing I may very well want to have the keys in my possession and possibly even start the engine (on the centre stand, in my own garage - to be clear I don't sit on the bike or actually cause it to propel itself if I've had a drink).

Guess I should be keeping the garage's front door closed and opening the back one instead if I decide to do this.
 
CruisnGrrl said:
This is insane. Technically you could be charged for drinking at home while washing your car.
Click to expand...

I wouldn't get too concerned about it, the idea is to catch people that are about to drive away.
 
You must log in or register to reply here.

Back
Top Bottom