Electric Kick-Scooter and Cargo Power-assisted Bicycle By-law - A.-8344-62

A by-law to establish a Pilot Project for Electric Kick-Scooters and for Cargo Power-Assisted Bicycles, for use on highways and bicycle lanes, (not sidewalks) in the City of London.

Part 1     
DEFINITIONS

Definitions

1.1     For the purposes of this By-law:

“Electric Kick-Scooter” means a vehicle that has,

   (a)       two wheels placed along the same longitudinal axis, one placed at the front of the kick-scooter and one at the rear;

   (b)       a platform for standing between the two wheels;

   (c)       a steering handlebar that acts directly on the steerable wheel; and

   (d)       an electric motor not exceeding 500 watts that provides a maximum speed of 24 kilometres per hour.

“Cargo Power-assisted Bicycle” means a pedal-driven bicycle of conventional exposed fork-and-frame bicycle design and appearance that,

   (a)       has two or three wheels;

   (b)       is fitted at all times with pedals that are always operable to propel the bicycle;

   (c)        has a platform, basket or container for carrying cargo, parcels or goods,

   (d)       has steering handlebars;

  (d.1)    has a weight of more than 55 kilograms;

   (e)       has a width not exceeding 1.3 metres;

   (f)        has a length not exceeding 4 metres;

   (g)       has a height not exceeding 2.2 metres;

   (h)       has wheels that have a width of not less than 35 millimetres and a diameter of not less than 350 millimetres;

   (i)         does not have any structure that fully encloses the occupant area; and

   (j)         has an electric motor with a continuous rated output power not exceeding 1000 watts that is incapable of providing propulsion assistance when the bicycle attains a speed of 32 kilometres per hour or more.

“Commercial Electric Kick-Scooter” means an Electric Kick-Scooter that is owned by a corporation or individual that allows other individuals or corporations to use the Electric Kick-Scooter on a temporary membership basis or fee per use basis or any other commercial arrangement, including free trials, between the parties for the use of the Electric Kick-Scooter.

Part 2     
PROHIBITIONS

Prohibited – sidewalks, Hiking trial, ESA, natural park area

2.1       No person shall operate an Electric Kick-Scooter or a Cargo Power-assisted Bicycle:

   (a)       on a sidewalk as defined under the Streets By-law;

   (b)       on a Hiking trail as defined under the Parks and Recreation Area By-law;

   (c)       in an Environmentally Significant Area (ESA) or a natural park area as defined under the Parks and Recreation Area By-law, unless authorized under the Parks and Recreation Area By-law.

Prohibited – Commercial Electric Kick-Scooter

2.2      No person shall provide or cause to be provided Commercial Electric Kick-Scooters anywhere in the City, unless specifically authorized by The Corporation of the City of London by way of permit, licence or contract with The Corporation of the City of London.

Part 3     
PERMITTED

Permitted - Electric Kick-Scooter– highway, bicycle lane – not sidewalk

3.1(1)  Subject to sections 2.1, 2.2 and subsection 3.1(2), a person is permitted to operate an Electric Kick-Scooter on the following property under the jurisdiction of The Corporation of the City of London:

   (a)       on a highway (excluding the sidewalk and excluding those portions of the highways where the use is prohibited under s. 35 and Schedule 22 of the Traffic and Parking By-law and excluding those highways that have a posted rate of speed of more than 50 kilometres per hour).  Where Reserved Lanes for bicycles are provided on a highway, the Electric Kick-Scooter is permitted and required to use such Reserved Lanes, and where there are no Reserved Lanes for bicycles on a highway, the Electric Kick-Scooter shall be operated as close to the right edge of the shoulder or edge of roadway as possible; and

   (b)       on a trail, path, walkway or in a park (excluding Hiking trails and Environmentally Significant Areas (ESA) and natural parks all as defined under the Parks and Recreation Area By-law, unless authorized under the Parks and Recreation Area By-law).

3.1(2)  The permission under subsection 3.1(1) to operate an Electric Kick-Scooter or a Cargo Power-assisted Bicycle is subject to the person complying with the applicable Ontario Regulation 389/19 and 141/21, as amended from time to time.

Permitted – Cargo Power-assisted Bicycle– highway, bicycle lane – not sidewalk

3.2(1)  Subject to sections 2.1, 2.2 and subsection 3.2(2), a person is permitted to operate a Cargo Power-assisted Bicycle on the following property under the jurisdiction of The Corporation of the City of London:

   (a)       on a highway (excluding the sidewalk and excluding those portions of the highways where the use is prohibited under s. 35 and Schedule 22 of the Traffic and Parking By-law and excluding those highways that have a posted rate of speed of more than 50 kilometres per hour).  Where Reserved Lanes for bicycles are provided on a highway, the Cargo Power-assisted Bicycle is permitted and required to use such Reserved Lanes, and where there are no Reserved Lanes for bicycles on a highway, the Cargo Power-assisted Bicycle shall be operated as close to the right edge of the shoulder or edge of roadway as possible; and

   (b)       on a trail, path, walkway or in a park (excluding Hiking trails and Environmentally Significant Areas (ESA) and natural parks all as defined under the Parks and Recreation Area By-law, unless authorized under the Parks and Recreation Area By-law).

3.2(2)  The permission under subsection 3.2(1) to operate a Cargo Power-assisted Bicycle is subject to the person complying with Ontario Regulation 141/21, as amended from time to time.

3.2(3)  The permission under subsection 3.2(1) to operate a Cargo Power-assisted Bicycle for commercial or business purposes is subject to any additional licensing requirements under the City’s Business Licensing By-law.

Part 4

COMPLIANCE AND ADMINISTRATIVE PENALTY

4.1      Every person who fails to comply with any provision of this by-law is liable to pay an administrative monetary penalty as per the Administrative Monetary Penalty System By-law;

4.2      Penalty notices indicating non-compliance with the by-law shall be issued in accordance with the Administrative Monetary Penalty System By-law.

PART 5

REVOCATION

5.1.     The definition of “Electric Kick Scooter” in section 1.1, the phrase “Electric Kick Scooter” in section 2.1, and section 3.1, are all repealed on November 27, 2024, being the date that the Province’s Pilot Project – Electric Kick Scooters Regulation is revoked.

5.2      This By-law is repealed on March 1, 2026, being the date that the Province’s Pilot Project – Cargo Power-assisted Bicycles is revoked.

Part 6
MISCELLANEOUS

Administration

6.1      The Deputy City Manager, Environment and Infrastructure is responsible for the administration of the By-law.

Short Title

6.2       The short title of this by-law is the Electric Kick-Scooter and Cargo Power-assisted Bicycle By-law.

Effective date

6.3        This By-law shall come into force and effect on the day it is passed.

PASSED in Open Council on March 7, 2023.

Josh Morgan, Mayor

Michael Schulthess, City Clerk

First, Second and Third Reading – March 7, 2023

Schedule 1 (O.Reg 389/19)

Schedule 1 (O.Reg. 389/19)

Highway Traffic Act

ONTARIO REGULATION 389/19

 

Schedule 2  (O.Reg. 141/21)

Schedule 2 (O.Reg. 141/21)

Highway Traffic Act

ONTARIO REGULATION 141/21