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,
- two wheels placed along the same longitudinal axis, one placed at the front of the kick-scooter and one at the rear,
- a platform for standing between the two wheels,
- a steering handlebar that acts directly on the steerable wheel, and
- 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,
- such operation is permitted by and in accordance with this Regulation; and
- 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,
- 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;
- 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
- 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.