Above is an example of an eScooter. Below is an example of an eBike.
Longboarders, in-line skaters and eBike users may soon get a better idea as to where exactly they belong on Ottawa’s roads and recreational pathways.
Capital Coun. David Chernushenko asked for information about the city’s policies for users of alternative modes of transportation in a formal inquiry to the transportation committee in early September.
“What is being done or can be done to provide greater clarity regarding the use of alternative modes of transportation on Ottawa roads and sidewalks, and, ideally, to encourage legal, safe and more predictable adoption of these modes of transportation?” he asked at the time.
People who get around using alternative modes of transportation, such as skateboards, scooters, and roller blades, are currently in a state of “legal limbo,” says Chernushenko. He says this creates confusion for users, who may be ticketed inconsistently by police left to interpret the situation as best they can.
“They’re not allowed to do it on the sidewalk and they’re not allowed to do it on the road. So either way, it’s illegal,” says Chernushenko. “That’s a shame because it’s a perfectly valid mode of transportation for some people and the kind of thing I’d like to encourage, but encourage in a legal way. So, find a way that it can be legal and determine under what sort of rules.”
In a response to the inquiry, the Ottawa Police Service emphasized that they can only enforce rules prescribed in current legislation.
“The guiding documents OPS uses are the Highway Traffic Act and the Ottawa city bylaws, which lay out the current rules on what can and cannot be used on roads and highways. Regardless of the mode of transit citizens wish to use, our priority is safety on our roadways.”
So far, the Ontario Ministry of Transportation has only legislated the use of eBikes. Users must be over the age of 16, wear a helmet and follow the same rules of the road as regular bicycles, according to the current rules. The city could create bylaws to impose further eBike restrictions on roads it maintains, as it did in February 2011 with the creation of the Rural Pathway Shared-Use Policy. The policy allows eBike users to ride on rural pathways in Osgoode, Prescott and Russell. In its response to Chernushenko’s inquiry, the city indicated it will soon “develop appropriate policies for eBikes and eScooters covering pathways and bike lanes within the urban area.” The Rural Pathway Shared-Use Policy does not include rules for longboards or in-line skates, and the city made no mention about creating policies for these modes of transportation in their response to Chernushenko’s inquiry.
Still, the definition of an eBike remains unclear for some users. An eBike looks like a traditional bicycle and is assisted by a battery, but riders are still required to pedal. An eScooter, however, is powered solely by a battery and does not resemble a traditional bicycle.
“There is sort of a blurred distinction between an electric-assisted bicycle all the way up to an electric scooter. That’s where differing jurisdictions have had to decide if they’re allowed on the road, in the bike lane, on the NCC recreational pathways,” says Chernushenko. “There are sort of different rules for different places and again, sort of lack of clarity that makes it tough to decide: Is it worth me buying one if I can’t use it?”
The Ottawa Police Service says there may still be work to do to clarify rules for users.
“Maybe there is an educational component that we must address, that we should address, to make sure people understand it,” says Const. Marc Soucy. “We haven’t had that many eBikes yet but they’re still obligated to follow the rules of the road like a bicycle would be.”
The National Capital Commission created rules for eBikes for the pathways in its jurisdiction in May. The NCC allows the use of eBikes, but doesn’t permit eScooters on its Capital Pathway Network, says Jasmine Leduc, a representative for the NCC.
“The rules aim to improve accessibility on the Capital Pathway Network,” says Leduc. “The NCC also wants to promote sustainable mobility on its pathways. The scooter-type eBikes pose a greater risk to safety in the event of a collision, for example. Also, the NCC is promoting eBikes that require some muscular power to promote active mobility on the pathways.”
There are two such pathways that run along the northern and eastern edges of Centretown. The NCC doesn’t prohibit longboards or in-line skates.
Chernuskeno says while he would like a homegrown solution, he will likely need to lobby the province for new rules.
“From what I can tell, it looks like I’m kind of starting from scratch. There doesn’t seem to be any work currently being done to legitimize the longboard, as one example, and the category of electric-assisted vehicles,” says Chernushenko. “Really, it would be more working with my colleagues in Ottawa to try to get the province to make modifications.”