Q&A - Motor Assisted Cycle Ticket

Q&A ImageI am using an electric scooter without installing the pedals on it. the scooter only goes 35 km/hour. the officer give me ticket for section 13(1)(b) in a reason that i did not install the pedal on the scooter. he put on the ticket description is fail to display current plate. is that a violation? although i have a plate at the back saying E-bike no licence required. do i need to dispute or just pay it. i don't any have idea that i need to put the pedal on the scooter. i thought i will only put that one if am run out of battery power.

Comments

Answer

A cycle is something that has pedals:

"cycle" means a device having any number of wheels that is propelled by human power and on which a person may ride and includes a motor assisted cycle, but does not include a skate board, roller skates or in-line roller skates;

as does a motor assisted cycle:

"motor assisted cycle" means a device

(a) to which pedals or hand cranks are attached that will allow for the cycle to be propelled by human power,

(b) on which a person may ride,

(c) to which is attached a motor of a prescribed type that has an output not exceeding the prescribed output, and (d) that meets the other criteria prescribed under section 182.1 (3);

although it does introduce hand cranks in addition to pedals as a means of moving it by human power. In order to be considered a MAC, it needs to meet all three of the listed criteria.

If your machine does not meet these definitions, then it is a motor vehicle:

"motor vehicle" means a vehicle, not run on rails, that is designed to be self propelled or propelled by electric power obtained from overhead trolley wires, but does not include mobile equipment or a motor assisted cycle;

All motor vehicles operated on the highway must be licensed and insured and their operators properly licensed as well:

Offences

13 (1) A person commits an offence if the person drives, operates, parks or is in charge of a motor vehicle or trailer on a highway

(a) without the licence required by this Act for the operation of that motor vehicle or trailer having been first obtained and being then in force,

Offences

24 (1) Except when accompanied by a person authorized by the Insurance Corporation of British Columbia to examine persons as to their ability to drive and operate motor vehicles, a person must not drive or operate a motor vehicle on a highway unless, in addition to any licence or permit which he or she is otherwise required to hold under this Act, the person holds a subsisting driver's licence issued to him or her under this Act of a class appropriate to the category of motor vehicle driven or operated by him or her.

(2) A person who contravenes subsection (1) commits an offence.

(3) A person must not drive or operate a motor vehicle or trailer on a highway unless

(a) the person is insured under a valid and subsisting driver's certificate, and

(b) the motor vehicle and the trailer, if any, are insured under a valid and subsisting motor vehicle liability policy evidenced by an owner's certificate.

There is even recent case law supporting this.

So, by removing the pedals and riding the MAC on a highway, you leave yourself open to the following charges:

  1. Driving without a valid vehicle licence, ticketed amount = $109.00
  2. Driving without valid insurance, ticketed amount = $598.00
  3. Driving without valid driver's licence (if you don't have one), ticketed amount = $276.00

However, the officer issued you the ticket for failing to display a number plate:

Offences

13 (1) A person commits an offence if the person drives, operates, parks or is in charge of a motor vehicle or trailer on a highway

(b) without displaying on it, in the manner prescribed, the number plates issued or designated by the Insurance Corporation of British Columbia or otherwise prescribed to be displayed on that motor vehicle or trailer for the current licence year of that motor vehicle or trailer

This was a mistake, because you don't have a number plate issued for your MAC. If you don't have one, you cannot be guilty of not displaying it. If you dispute the ticket on the circumstances that you have related, the ticket will be dismissed.

 

Submitted by E-mail

So it means he gave me a wrong violation? but still i did not install my pedal.

Wrong Violation

Yes, it means that he charged you for an offence that you are not guilty of.

Not having pedals means that you are guilty of the other offences I mentioned and the officer has one year from the date of the violation to issue a ticket for them.

Now you need to read How to Deal with a Violation Ticket.

Submitted by E-mail

One question, so do i need to dispute it?

Yes

Yes.

Submitted by E-mail

So if he gonna charge me again even i will dispute my current charge,then why i will dispute the ticket now.ill just pay and thats it the officer will not charge me again another violation afterwards,do you think its a good discision?

Maybe

I usually took the position that if I wrote a ticket and then had it dismissed at trial, that would be the end of it for me. I can count on one hand the number of times I went back for a second try and it had to be a pretty serious situation. I expect that this is not one of them and most officers would agree.

However, I can't speak for the officer that wrote your ticket. He/she may have felt that they were doing you a favour by not writing the no insurance ticket and wouldn't be happy to lose the dispute.

That still doesn't change the fact that I don't think that they can successfully prosecute the ticket that they did issue to you and that if you dispute it you should be able to have it dismissed. I would have written the 13(1)(a), no vehicle licence instead.

What you do is up to you and the instructions in the Q&A on dealing with traffic tickets and the links page on this site should be good information to help you with the decision.

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