Spotlight: Bikes, E-Bikes, Micromobility devices, and the law

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Spotlight: Bikes, E-Bikes, Micromobility devices, and the law
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Northwestern Ontario has no shortage of beautiful roads and trails for cycling, but laws around biking are not widely known, understood, or followed by the public.

As injury lawyers, we find that the laws around biking are not widely known, understood, or followed by the public. This information is key for riding safely and determining who is at-fault should an unfortunate collision arise. For that reason, we felt it would worthwhile to provide the public with some important legal information concerning bicycles, e-bikes, and micromobility devices in Northwestern Ontario.

Motor vehicles passing shall, as nearly as practicable, leave a distance of not less than one metre until it has safely passed the bike: Highway Traffic Act, section 148 . Bicycles are, of course, permitted in Thunder Bay’s bike lanes. Vehicles and pedestrians are prohibited from travelling in open, designated bike lanes: Traffic by-law 40/2016 section 39

Insurance is not mandatory on e-bikes, but theft, damage, first party injury, and third party liability coverage exists. You may have coverage under your homeowners’ insurance policy, though large deductibles and exclusions often apply. If you own an e-bike, consider speaking to an insurance agent to see if you are adequately insured.

The term micromobility devices can describe electric scooters, electric skateboards, and electric unicycles. Electric kick-scooters are perhaps the most popular of these devices.The Province of Ontario has a pilot program running from January 1, 2020 to January 1, 2025 that allows municipalities to choose where and how e-scooters may be used within their boundaries.

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