Toronto Electric Riders Association Message Board E-bike Laws › Ottawa Parks Funny Business

Ottawa Parks Funny Business

lOCk
Posted Apr 22, 2011 9:37 AM
lOCk
Toronto, ON
Post #: 1,922
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http://canadascapital...
Electric bikes: Public consultations on proposed new rules
The National Capital Commission (NCC) will be holding public consultations on the proposed new rules regarding the use of electric bikes and other electric-powered vehicles. These rules will apply to all pathways and parkways managed by the National Capital Commission (NCC).

Participate in the consultations
Join us for public consultations:

Tuesday, May 3, 2011, 7 pm
Best Western Hotel, 131, Laurier Street, Gatineau

Wednesday, May 4, 2011, 7 pm
Christ Church Cathedral Ottawa, 420 Sparks Street, Ottawa

You can also provide your comments online until May 18, 2011 at info@ncc-ccn.ca.

Power-assisted bicycles: Description
A power-assisted bicycle is equipped with an electric motor whose power output does not exceed 500 watts and which is incapable of providing further assistance once the bicycle attains a speed of 32 km/h on level ground. Definitions for power-assisted bicycles are provided in regulations published by the federal government and by the provinces of Ontario and Quebec. Electric bikes can be similar to conventional bicycles, scooters or motorcycles.

Proposed rules
For the Capital Pathway network
Electric-powered vehicles are prohibited on pathways. Power-assisted bicycles that are physically similar to conventional bicycles are allowed.


For bike lanes
Electric-powered vehicles are prohibited in bike lanes. Power-assisted bicycles (of any type) are allowed.

For Sunday Bikedays and Saturday Short Loops programs
Electric-powered vehicles are prohibited on parkways closed to motor vehicles for the Sunday Bikedays and Saturday Short Loops programs. Power-assisted bicycles that are physically similar to conventional bicycles are allowed.

For the multi-use trails in Gatineau Park
Electric-powered vehicles are prohibited on natural surface trails intended for hiking and mountain biking.


Exceptions
These rules do not apply to motorized mobility aids (wheelchairs, three-wheel electric scooters and four-wheel electric scooters).

Objectives
The proposed rules support the values and principles stated in the NCC’s plans and strategies. They also take into consideration public comments that have been received by our client services. These rules have the following objectives:

Maximizing user safety
Some types of power-assisted bicycles are larger and heavier than conventional bicycles, and therefore pose greater risks to safety in the event of a collision.

Improving accessibility
Allowing power-assisted bicycles that are physically similar to conventional bicycles is one way to improve accessibility in terms of the Capital Pathway network, and the Sunday Bikedays and Saturday Short Loops programs, especially for older persons and persons with mobility impairments, without increasing the risk to safety.

Promoting active mobility and sustainable mobility
Some types of power-assisted bicycles require some muscular power, and others are propelled only by electric motor. The NCC hopes to promote the following:
active mobility, by allowing the use of power-assisted bicycles that require some muscular power on the Capital Pathway network, as well as for Sunday Bikedays and Saturday Short Loops; and
sustainable mobility, by allowing the use of power-assisted bicycles of any type in the bike lanes.

Application
Following the approval of the new rules, during the summer 2011, the NCC will inform the public

The flaw in their logic is that "larger and heavier" bikes pose greater risks...

Do they intend to restrict large persons on pedal bikes? Or tandem bikes? Or bikes with trailers?

If their concern is risk, from physical laws we know that kinetic energy (risk?) comes from speed and not from weight.

Toronto ebikers need to be concerned about these proceedings in other jurisdictions because bureaucrats point to laws in other jurisdictions as "evidence" to support their own naive positions...

LOck
lOCk
Posted Apr 22, 2011 12:29 PM
lOCk
Toronto, ON
Post #: 1,923
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info@ncc-ccn.ca
laura.bruneau@ombudsman.ncc-ccn.ca

Electric bikes: Public consultations on proposed new rules

I read with interest NCC plans for public consultations on proposed new rules regarding the use of electric bikes and other electric-powered vehicles.

It appears this initiative stems from “...public comments that have been received by our client services.”

It would be useful to see these comments for the details of concerns expressed. Are these comments available?


NCC web pages declare “Electric bikes can be similar to conventional bicycles, scooters or motorcycles.”

In fact “power-assisted bicycles” as defined by Federal and Provincial laws are not remotely like “scooters” and motorcycles. They are speed-limited to 32kmh and power-limited to well less than ONE horse-power.


The NCC goes on to state:
“Some types of power-assisted bicycles are larger and heavier than conventional bicycles, and therefore pose greater risks to safety in the event of a collision.”

This is an error in logic. Does the NCC propose to also restrict tandem pedal bicycles or pedal bicycles with trailers? Both these bicycles would be “larger and heavier” than a “conventional” pedal bike. What about large persons? Should the obese also be restricted from riding on pedal bicycles because they are “larger and heavier”?

The Commission might rely on the natural laws of physics, where kinetic energy is defined as equal to (mass times VELOCITY SQUARED) divided by two.

In other words, “large and heavy” are NOT dangerous. What is dangerous is higher speeds.

If the Commission is truly concerned about safety in our parks, it should ignore concerns about “large and heavy” and consider only speed as the real risk.

At the same time, in an increasingly urbanized 21st century the Commission should acknowledge that our urban parks are surrounded by our cities and that the air and waters that flow through our parks come from our cities.

At a time when the rest of the world is adopting electric bicycles at a rapid rate, what sort of a message will Canadian parks send about this technology, so often touted as a solution to many of our modern urban ills like traffic congestion and energy waste and pollution?

While millions of electric bicycles are in use today around the world with no reports of rising accidents and injuries due to the technology, does the Commission have some new evidence that shows ebikes to be more dangerous than the pedal bike?

For a little perspective, the Commission might look to other jurisdictions.

I am reminded of the fight against permitting pedal bicycles in Central Park, New York City... over one hundred years ago:
http://www.fhwa.dot.g...

I hope the Commission will approach the subject of electric bicycles with logic and perspective and not succumb to naive concerns that ebikes will “scare the horses”.

Best Regards

Lock
Toronto

William
Posted Apr 23, 2011 10:36 AM
Scooteretti
Ottawa, ON
Post #: 7
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We will be attending both sessions to ensure that we get the word out that there needs to be factual information to back up these claims.

Over the past several weeks we have had several people in our shop complaining about electric scooters (ebikes etc..) without giving the opportunity to even reply back to their claims that these vehicles are dangerous. Literally walking into the shop voicing their opinion and leaving. Literally just a few minutes in and out.

I am very interested in knowing more from the NCC about how many people and which groups are actually calling into complaining. I am getting a hunch here that we are potentially dealing with a certain group of individuals who just don't want us (ebiker's) around.

Your comments on this topic would be very helpful in order to listen to you and document the strong factual points to help us defend our right to use our "Power Assisted Bicycles" on NCC property.

Please everyone share your comments and also send the NCC any comments you have.

Here is the content of an email we received on Thursday April 21 from the NCC:


Public consultation

Join us for a public consultation on the proposed new rules regarding the use of electric bikes and other electric-powered vehicles on the pathways and parkways managed by the National Capital Commission (NCC).

Visit the NCC website at canadascapital.gc.ca/electric-bicycle to learn more about the proposed rules and to share your comments (by May 18, 2011).
Dates and locations for public consultations

Tuesday, May 3, 2011, 7 pm to 8:30 pm
Best Western Hotel
131, Laurier Street, Gatineau

Wednesday, May 4, 2011, 7 pm to 8:30 pm
Christ Church Cathedral Ottawa
420 Sparks Street, Ottawa

We look forward to your comments!
info@ncc-ccn.ca
613-239-5000 - 613-239-5090 (tty)



Please post your comments here in factual bullet form if you want us to help voice some of your comments.


William
Scooteretti Electric Scooter Company
Peter Chaloner
Posted Apr 23, 2011 12:56 PM
BlackburnPete
Gloucester, ON
Post #: 6
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I will be attending also and I am really interested in how they interpret 'conventional bicycle' as I have a recumbent bike with electric assist as well as my wife and I both have electric-assist trikes. My wife would not be riding at all unless she has the support of a full recumbent seat and the stability of the three wheels under her. None of these bikes/trikes were built as electric bikes originally and they have been converted by me after they were purchased with 'conventional' drivetrains, but they are definitely not upright style mountain/hybrid style bikes.

Maybe an e-bike flash mob would be kind of fun at these events. Anybody know how to make a flash mob?
lOCk
Posted Apr 23, 2011 1:50 PM
lOCk
Toronto, ON
Post #: 1,925
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Pete/William... Good Sirs to attend these meets. `Bit of a trip for me to make I'm afraid. EVCO is also aware of this situation so I hope/expect to see their letterhead added to the correspondence. Past Prez Juergen will make the scene too I am sure.

I am amazed when I see these Parks city staff reinventing themselves as vehicle design "experts"... They seem to jump with the 1% that express concerns and ignore the other 99% that do not.

Some additional "conventional" bike designs:

"Foot bike" made by Kickbike... popular in Europe:


Earlier foot bike design:


How about the Scottish-made trike that Ayrton and Perry converted to electric in 1882:


How about the 1876 Coventry Lever trike (that Trouve converted to electric in 1881):


biggrin

Lock
lOCk
Posted May 1, 2011 12:03 PM
lOCk
Toronto, ON
Post #: 1,950
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Blog post from Ottawa:
http://mcgoldrick.ca/...
04/21/11
Do you want motorized scooters on the NCC paths?
04/21/11 22:22, by Michael McGoldrick, Categories: Cycling News, Commentary
The NCC will be holding public consultations on the use of so called electric bikes on NCC pathways and bike lanes. The consultation will be held in Ottawa on May 3 & 4, 2011 (see the link below for more details).

The problem with all of this is that industry quickly started to build battery powered motorized scooters that technically and legally fall within the definition of an electric bicycle. These vehicles look like full fledged scooters and often weight as much 165 pounds (75 kg). In other words, these electric scooters are nothing more than motorized vehicles. (If it walks like a duck, quacks like a duck, looks like a duck, it must be a duck.)

From 2006 to 2009, Ontario conducted a three-year pilot project to allow for the use of "electric power-assisted bikes" on roads, bike lanes, and pathways coming under provincial jurisdiction. Initially, this pilot project was aimed at electric bikes that resemble conventional bicycles that are designed to be primarily operated by muscular power. Even the government website for the pilot project acknowledged that while scooter-style vehicles did meet the technical requirements, they did not meet the intent of the e-bike definition.

Unfortunately, when the pilot project came to an end, the Ontario Government took no steps to distinguish e-bikes from electric scooters. Instead, the government immediately decided (without any assessment period) to continue with the arrangements that were in place, which, among other things, allowed for the permanent use of motorized scooters wherever bicycles are allowed. (Do you think that, just maybe, the responsible minister was lobbied by the electric scooter industry?)

Although e-bikes and electric scooters can now be used on most bike lanes and paths coming under Ontario’s jurisdiction, up to now, they are not allowed on NCC facilities. As a result, the NCC has decided to hold public consultations on what what policies it should adopt about the use of e-bikes on its pathways and bike lanes. The rules being proposed by the NCC would only allow the type of e-bikes designed to be primarily operated by muscular power on pathways and certain other areas. However, the proposed rules would allow battery powered motorized scooters on bike lanes managed by the NCC.

Somehow, it seems to be self defeating to allow these scooters in bike lanes that are supposed to be free of motorized vehicles.

Click here for more about the NCC public consultations process.

Click here for more about Ontario's regulation about e-bikes and electric scooters.

Click here for a photo of a battery powered motorized scooter.

lOCk
Posted May 1, 2011 12:04 PM
lOCk
Toronto, ON
Post #: 1,951
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And one nice rebuttal:
Comment from: ottawaoutdoorsdave [Member]
Hey Mike

In addition to loving cycling, I also own a GIOBike, the scooter-looking, battery-powered bikes the NCC is purposing to ban from its pathways. I am glad they are to be allowed in the bicycle lanes, but you also bring up a good point. If they are "safe enough" to be in a bicycle lane, then I would argue they should be safe enough to travel along the wider-laned canal pathways, and others the NCC oversees. (though, I think you were suggesting to ban them entirely).

Anyways, stealing from Scooterboy, and all his valid points, and adding some of mine, I'd like to sum up the reasons why we battery-powered, non-conventional-bike-looking-scooter-riders feel everybody is safe, or more safe with us also sharing the pathways. We feel we have the right to these paths, and all we request is the same fairness.

1 - considering how fast cyclists can get going on these paths, e-bikes can stop more quickly as we are limited to the maximum speed we can go -- as well, there's an advanced braking system

2 - it is not the size of the vehicle that injures people but rather the impact. A bicycle with a 250lb rider traveling 25km’s/hr will have a higher impact force than a 110lb rider on an ebike traveling the same speed.

3 - the impact of a tandem bike with 2 riders will have a significantly higher impact force and longer braking distances as well. Should we ban these as well as it is clear that these would be significantly more dangerous?

4 - should we ban cyclists towing a trailer with 2 children behind them as well? These are much wider than e-bikes/escooters and have significantly less braking ability than an e-bike/escooter. They take up more room, more width, and are not banned.

5 - an e-bike group will be on the pathways in the coming days with a speed gun proving that the real problems lie with cyclists speeding not ebikers.

6 - e-scooter riders are tax paying individuals who have paid their fair share of taxes to have access to federal pathways.

7 - head is always up, looking straight ahead,

8 - ride is safe, smooth and steady

9 - arriving at place of work or meeting in a non-sweaty mode will attract more commuters, encourage the greening of our city, and save on emissions

10 - saves on parking fees and gas

11 - riders enjoy the scenery in a relaxed state, with lots of time to see and foresee any possible collisions to be easily avoided

12 - GIOBikes are low to the ground, so getting feet down is easy and fast.

The NCC has to change their mind on this….I hope.

Dave Brown
Publisher, Ottawa Outdoors Magazine
04/28/11 @ 13:36

Allan Harmsworth
Posted May 2, 2011 12:44 AM
orillia3
Orillia, ON
Post #: 1
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From the Ontario government website
"Will municipalities be able to pass by-laws to prohibit e-bikes?
Yes. Municipalities have the ability to prohibit where e-bikes may travel and may do so at their own discretion."

I am no lawyer, but while municipalities may have the jurisdiction to prohibit ebikes within their boundaries, they have no jurisdiction to reclassify ebikes. That appears to be the responsibility of the Federal and Provincial regulations. In other words they have to allow or ban ebikes as a class. They have no power to divide the class into open frame and scooter styles, heavy or light, (red, green or polka dot) or any other reclassification that anti ebike legislators want to enact.

Just my opinion.
lOCk
Posted May 2, 2011 3:28 AM
lOCk
Toronto, ON
Post #: 1,981
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Right. Specifically from the HTA:
http://www.e-laws.gov...
Regulating or prohibiting use of highway by pedestrians, etc.
185. (1) The Minister may make regulations prohibiting or regulating the use of any highway or part thereof by pedestrians or animals or any class or classes of vehicles. R.S.O. 1990, c. H.8, s. 185 (1).

Prohibiting motor assisted bicycles, etc., on municipal highways
(2) The council of a municipality may by by-law prohibit pedestrians or the use of motor assisted bicycles, bicycles, wheelchairs or animals on any highway or portion of a highway under its jurisdiction. R.S.O. 1990, c. H.8, s. 185 (2).

where "bicycles" are defined as:
“bicycle” includes a tricycle, a unicycle and a power-assisted bicycle but does not include a motor-assisted bicycle


... where "prohibit" seems to mean to "forbid" or "prevent"... Not sure if this means. for example "prohibit travel at more than 20 kmh", or "forbid if over 50kg in weight"...

But yah, this section of the Act is the last "line of defence" (attack) fer those that live in fear and ignorance about ebikes.

Their "logic" is always either that ebikes are "too big" - meaning heavy - watt ignores tandem pedal bikes, pedal bikes with trailers and large persons on pedal bikes (all also "too big"), or that they are "too fast" watt ignores the fact that many folks on pedal bikes can and do exceed 32kmh, or that we all need exercise - true, but why the heck force EVerybuddy to exercise while commuting??? Speaking personally I get plenty of exercise in other ways besides travel on two wheels. Maybe they should strive for all cars to have pedals to propel the vehicle too?

They also overlook the natural law of kinetic energy watt is a function of velocity SQUARED. The *real* safety concern isn't weight but speed...

The *real* problem is a tiny but vocal minority of do-gooders that see nothing wrong with inflicting their fear and ignorance on their neighbours while the vast majority remain silent.

LocK
Rob
Posted May 2, 2011 6:56 AM
user 12967342
Dundas, ON
Post #: 45
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Lock. Your points are valid but there's something you need to address. As an extreme example, one tonne of feathers is not as injurious as one tonne of steel. A more realistic example is the potential for serious injury of a pedestrian from a 100kg ebike with a 60kg rider vs a 30kg ebike with a 130kg rider. The overall masses are the same but the rigid concentration of mass in the first example is more likely to inflict serious injury. In your quest to change peoples' minds, I think you need to have an answer for this. It is the one hole I can see in your physics-based argument.
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