lOCk
Posted Apr 6, 2010 10:19 AM
lOCk
Toronto, ON
Post #: 468
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That page has had factual errors in it in the past where MTO staff have editorialized...

So back to the Highway Traffic Act:
http://www.e-laws.gov...

Interpretation, general
Definitions
1. (1) In this Act,
“bicycle” includes a tricycle, a unicycle and a power-assisted bicycle but does not include a motor-assisted bicycle;
“highway” includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof;

and:
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).


And some other common dictionary definitions of the word "highway":
any road freely open to everyone; public road
a main road; thoroughfare
a main route by land or water
a direct way to some objective
1.a main road, esp. one between towns or cities: the highway between Los Angeles and Seattle.
2.any public road or waterway.
3.any main or ordinary route, track, or course.
1. a public road that all may use
2. Now chiefly US and Canadian except in legal contexts a main road, esp one that connects towns or cities
3. a main route for any form of transport
4. a direct path or course



...which is probably why the legal minds at the City of Toronto write stuff into the Parks By-Law like this:
§ 608-9. Access.
A. Unless authorized by a parks access agreement, no person shall access or occupy a
park for non-recreational uses, or to access an adjacent property.

B. Unless authorized by permit, no person shall use, enter or gather in a park between
the hours of 12:01 a.m. and 5:30 a.m.



Clearly, roads and paths in Toronto parks are not "highways"...
Tks
Lock
A former member
Posted Jul 12, 2010 3:21 PM
Post #: 4
i had the same thing from a parks guy who thinks he owns the park where he works. he said to me that they are not allowed because they have a motor. i call Frances Nunziata my councler here and this is what i was told.and i call the provence of ontario and was told the same thing. A city bylaw over rides any provicial m.t.o. law on city property. so the city can tell you not to ride your ebike on the park trails because it has a motor.having said that my coment to her was this. then why are the diabled people on the park traills with their scooters? this was the reply" it is the only way they can get around" but it has a motor and you said NO MOTOR! she was very good about it and said she was sorry just relaying the message that she got. hey it is an election year people why not make a stink about this. by the way i have C.O.P.D. so technacaly i am disabled so i carry a doctors note with me and when asked i just show the jerk the note then say you want me out then kick out the 3 wheeled scooter down the way at the same time and we can call a cop then i will see you in court. i love it
A former member
Posted Jul 12, 2010 4:29 PM
Post #: 295
It will be soooo easy for Toronto City Council to Ban E-Scooters and the Province & MOT won't come to anyone's rescue.

City Politicians who want to keep their jobs will latch onto any "cause" that they feel will give them lots of positive exposure and there are more than enough people pissed off with E-Scooters now to be a cause they'd latch onto.
Patrick
Posted Jul 30, 2010 1:06 AM
user 12104359
Toronto, ON
Post #: 22
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I was on a Bike trail here in town (Fergus) and was stopped by a Conservation guy. Apparently ebikes are not allowed on the property but he allowed it for the day for me. There are signs that say no motorized vehicles on the trail, however during the winter, there are a lot of snow mobiles going at least 80 on these trails. His excuse was " A lot of these bikes can go 30-40 clicks, easy.. and we don't want them colliding with old ladies"
The roads here are filled with idiots who drive at least 40 over the speed limit. It's not something i feel comfortable riding on. The trail actually saved me time. I will continue to go on it rehardless, unless some police officer pulls me over.
lOCk
Posted Jul 30, 2010 5:46 AM
lOCk
Toronto, ON
Post #: 932
Send an Email You are unable to greet this member
I was on a Bike trail here in town (Fergus) and was stopped by a Conservation guy. Apparently ebikes are not allowed on the property but he allowed it for the day for me. There are signs that say no motorized vehicles on the trail...

So this trail is on Provincial park or conservation area lands?

Read the laws Patrick... here:
http://www.e-laws.gov...
Provincial Parks and Conservation Reserves Act, 2006
Definitions and interpretation
5. (1) In this Act,
“vehicle” includes a motor vehicle as defined in the Highway Traffic Act, a motorized snow vehicle as defined in the Motorized Snow Vehicles Act and an off-road vehicle as defined in the Off-Roads Vehicles Act. (“véhicule”) 2006, c. 12, s. 5 (1); 2009, c. 33, Sched. 22,

Regulations
54. (1) The Lieutenant Governor in Council may make regulations,
(j) prohibiting or regulating and controlling and issuing permits for the use of vehicles, boats or aircraft or any defined class of them in provincial parks and conservation reserves;

and here:
http://www.e-laws.gov...
Highway Traffic Act
Interpretation, general
Definitions
1. (1) In this Act,
“motor vehicle” includes an automobile, a motorcycle, a motor-assisted bicycle unless otherwise indicated in this Act, and any other vehicle propelled or driven otherwise than by muscular power, but does not include a street car or other motor vehicle running only upon rails, a power-assisted bicycle, a motorized snow vehicle, a traction engine, a farm tractor, a self-propelled implement of husbandry or a road-building machine; (“véhicule automobile”)

Clearly, power-assisted bicycles are NOT included in the Provincial definition of "motor vehicle", and as such are NOT defined as a "vehicle" or regulated under the Provincial Parks and Conservation Reserves Act.

You may wish to print out the relevant sections of these Acts to have with you when you have these sorts of conversations with government employees that don't know watt they are talking about. It is immoral for Parks staff to be restricting tiny energy-efficient, low-speed, non-polluting and quiet vehicles while encouraging folks to drive their minivans and SUVs across Ontario and into their parks. Or permitting high powered high speed (usually gas) and noisy snowmobiles in the winter times.

Ya don't need to be mean to these ppl while in the course of educating them. Don't rub their noses in this stuff. Just show them the laws and ask them watt part of the law they are referring to.

Cheers
Lock
lOCk
Posted Jul 30, 2010 5:56 AM
lOCk
Toronto, ON
Post #: 933
Send an Email You are unable to greet this member
...His excuse was " A lot of these bikes can go 30-40 clicks, easy...

Ya can also point out that under Federal and Ontario law ebikes are speed-limited to 32kph max under power, and that many ppl can pedal a pedal-only bike to faster speeds... If there is a speed limit in Provincial parks (the legislation is silent in this regard - while Toronto City parks are 20kph for example as clearly stated in the City By-law) Provincial Parks staff could make the same argument for banning all cars from the parks, because they are capable of exceeding safe speeds... In other words they are judging you guilty and penalizing you before you have committed any offense

Lock
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