Highway Traffic Act

ONTARIO REGULATION 389/19 PILOT PROJECT - ELECTRIC KICK-SCOOTERS

Consolidation Period: From November 27, 2019 to the e-Laws currency date.

Note: THIS REGULATION IS NOT YET IN FORCE. It comes into force on January 1, 2020. Note: This Regulation is revoked on November 27, 2024, the fifth anniversary of the day it was filed. (See: O. Reg. 389/19, s. 14)

Last amendments: 389/19. Legislative History: 389/19.

 This is the English version of a bilingual regulation.

• Definitions
•  
• 1. (1) In this Regulation, "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; ("trottinette électrique")
• "public park" means a provincial park or land designated by a municipality for use as a park. ("parc public")
• (2) An electric kick-scooter is deemed not to be a motor vehicle under the Act.
• (3) Despite subsection (2), any municipal by-law that governs or prohibits the operation of a motorized vehicle applies to an electric kick-scooter unless the by-law provides otherwise.
• Pilot project re electric kick-scooters
•  
• 2. A pilot project to evaluate the use and operation of electric kick-scooters is established.
•  
• Prohibition
•  
• 3. No person shall operate an electric kick-scooter on a highway, sidewalk, trail, path or walkway or in a public park or exhibition ground unless,
• (a) such operation is permitted by and in accordance with this Regulation; and
• (b) where the highway, sidewalk, trail, path, walkway, public park or exhibition ground is under the jurisdiction of a municipality, such operation is permitted by and in accordance with a municipal by-law.
•  
• Where electric kick-scooters permitted
•  
• 4. (1) Subject to subsection (2), a person may operate an electric kick-scooter on a roadway or on the shoulder of a highway.
• (2) An electric kick-scooter shall not be operated on,
• (a) those parts of the controlled-access highways described in Schedule 1 to Regulation 627 of the Revised Regulations of Ontario, 1990 (Use of Controlled-Access Highways by Pedestrians) made under the Act;
• (b) those parts of the controlled-access highways described in Schedule 1 to Regulation 630 of the Revised Regulations of Ontario, 1990 (Vehicles on Controlled-Access Highways) made under the Act; or
• (c) any highway to which access by pedestrians or bicycles is prohibited under any Act, regulation or municipal by-law.
•  
• Roadway use
•  
• 5. (1) Where bicycle lanes are provided on a highway, an electric kick-scooter shall only be operated in the bicycle lanes.
• (2) Despite subsection (1), where the highway is located in a tunnel or underpass, an electric kick-scooter may be operated on a sidewalk in the tunnel or underpass rather than the bicycle lane except where such operation is prohibited by municipal by-law.