CASE LAW - R v Ghadban

BC Courts Coat of ArmsAli Ghadban was convicted in traffic court for not having a valid driver's licence and for driving without insurance for operating a Motorino XMr on the road in Surrey, B.C. He appealed his conviction on the ground that the Motorino was a motor assisted cycle (MAC) and he was excluded from the requirements to be licensed and insured while operating it.

The traffic court justice found that the wheels of the Motorino were smaller than 350 mm in diameter, the minimum allowed under the MAC Regulation.

He also found that

Arguably, the Motorino XMr is in essence an electric scooter that is capable of being pedaled, rather than a β€œcycle” that is assisted by electric propulsion. That is, its primary mode of propulsion is an electric motor. The functions of the pedals, while not decorative are limited in application.

Mr. Justice Jenkins agreed with the traffic court justice and upheld the conviction.

Mr. Ghadban appealed Mr. Justice Jenkins decision but was not successful.