OATAC On March 14, 2018 the E-Bike Working Group met at the Northview Community Centre.

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1 OATAC E-bike Working Group Report March 23, 2018 On March 14, 2018 the E-Bike Working Group met at the Northview Community Centre. There were seven members of the O.A.T.A.C. in attendance. Councillor Doug Sanders was also in attendance. Agenda The main agenda item was to draft a report which would include recommendations to Oshawa City Council on the use of e-bikes on the roads, multi-use trails and paths in the city. Research The working group discussed and reviewed several existing and new By-laws from other cities and municipalities. Draft Documents O.A.T.A.C. Members, Joe and Keith provided the working group with documents they prepared that included recommendations to Oshawa City Council. Also they included identification of the types of e-bikes, e-scooters and a new definition pedelecs. These documents and the input from the meeting formed the report and recommendations attached to this report. Regulations The issue of regulations was discussed and it was the opinion of the majority that subjecting e-bike, pedelec and e-scooter users to licensing and or registration may be a deterrent or a create a burden on users where this is their only mode of transportation. It would also be difficult to enforce. Education and Awareness The working group felt the focus should be on updating existing By-laws, education and awareness. These would be more achievable goals. I thank the O.A.T.A.C. Members for their attendance and for their contributions. The E-bike Working Group is recommending concurrence of this report and the attached report to Oshawa City Council. Respectfully submitted, Dean Lindsay Chair, e-bike Working Group

2 To: Oshawa City Council From: Oshawa Active Transportation Advisory Committee (O.A.T.A.C.) Subject: Recommendations E-bikes, Pedelecs & E-scooters Date: April 4, PURPOSE That in response to the Notice of Motion put forth by Oshawa City Council That the Active Transportation Advisory Committee look into the formation of a Bike Plan for E -Bikes, their use on our trails, sidewalks, and roadways; safety being the priority for all. and that these recommendations respond to community concerns with the use and regulation of e-bikes, e-scooters and pedelecs in Oshawa. 2.0 RECOMMENDATION That the Oshawa Active Transportation Advisory Committee recommends to Council: 1. That City staff be directed to consider creating an expanded definition of bicycle, currently defined in City By-law 78-91, to allow for regulation of light-weight powerassisted bicycles requiring pedal propulsion (i.e., pedelecs ) alongside conventionallydefined bicycles. 2. That City staff be directed to review and amend where appropriate existing City policies and by-laws regulating and controlling bicycle and power-assisted bicycle use, with consideration of O.A.T.A.C. s by-law suggestions (Appendix 1). 3.0 INPUT FROM OTHER SOURCES O.A.T.A.C. reviewed e-bike related by-laws from several municipalities and cities across Ontario, including Belleville, Peterborough, Toronto. 4.0 ANALYSIS 4.1 Background Power-assisted bikes (e-bikes) provide benefit to the city and its residents O.A.T.A.C. recognizes that power-assisted bikes also known as e-bikes provide clear benefits for both users and communities. In our city, e-bikes improve transportation equity by providing an additional mobility option to a rapidly-growing user group, free of licensing, insurance, and registration requirements. 1

3 E-bikes also lower the community s collective transportation carbon footprint, when used to replace motor vehicle trips. They can also help to reduce peak period traffic congestion. There are two major types of e-bikes pedelecs and e-scooters By definition, in Ontario, a power-assisted bicycle, or e-bike, must have: steering handlebars working pedals an electric motor not exceeding 500 watts a maximum speed of 32 km/h a maximum weight of 120 kg a permanent label from the manufacturer in both English and French stating that it conforms to the federal definition of a power-assisted bicycle. Within this definition, there are two distinct conforming vehicle types pedelecs, and e- scooters. Please reference Staff Report CS for images of different e-bike types.. Pedelecs are first and foremost functional bicycles, with an added auxiliary electric motor to assist the user when pedaling; they cannot be operated with the electric motor alone. Pedelecs comply with Federal (Motor Vehicle Safety Act) and Provincial (Highway Traffic Act) definitions of a power-assisted bicycle. E-Scooters have little in common with bicycles. They are equipped with pedals that have little or no utility. An e-scooter user cannot effectively propel the vehicle with the pedals alone. Most e-scooters do not comply with the aforementioned definitions of power-assisted bicycles because they are incapable of being propelled solely by muscular power. If pedals are removed from an e-bike, it no longer conforms to the definition of a power-assisted bicycle and is an illegal vehicle. There are significant safety concerns with e-scooters While there are benefits to the use of e-bikes, O.A.T.A.C. also recognizes significant safety concerns associated with their operation. Of particular concern are the hazards presented by the operation of e-scooters on the City s multi-use paths. E-scooters are significantly heavier than a conventional bicycle, weighing up to 120kg. They move with little noise and can attain 32 km/h speeds. The risk of injury from an e- scooter to other trail users pedestrians and cyclists of all ages and abilities is significant, especially when operating at or near the legally-defined maximums of weight and speed associated with a power-assisted bicycle. O.A.T.A.C. recommends a new approach to regulating e-bikes O.A.T.A.C. does not want to discourage the use of scooter style e-bikes as a means for two wheel transportation but is concerned with resident feedback and direct experience 2

4 relating to current users of this type not adhering to Highway Traffic Act requirements, or City of Oshawa by-laws. O.A.T.A.C. members agree that a new approach to the regulation of power-assisted bicycles (i.e., e-bikes) is necessary, in part due to concerns raised by residents about e- bikes travelling on City sidewalks and multi-use paths (see Staff Report CS ). The advisory committee recommends that Council direct City staff to review and amend By-law and present to Council an updated version that delineates power-assisted bicycles (i.e., e-bikes) category into two categories: pedelecs, and e-scooters, and takes into account O.A.T.A.C. s by-law suggestions (Appendix 1). A review of related policies and by-laws including By-laws 78-91, 79-99, and should also be undertaken to ensure a consistent approach is taken with e-bike regulation. We also strongly suggest to Council that more education, awareness, and enforcement is needed in what is becoming a safety issue within our city s parks and trails. 5.0 FINANCIAL IMPLICATIONS O.A.T.A.C. has not assessed financial implications associated with amending related e- bike by-laws and policies. There may be a cost to support the amendments to increase awareness of the definitions and prohibited use areas identified by the OATAC on the use of bicycles and pedelecs. 6.0 RELATIONSHIP TO THE O.A.T.A.C. WORK PLAN These recommendations are consistent with the actions outlined in the O.A.T.A.C Work plan actions: By-law, Policy and Development Application and Review Public Education and Outreach 3

5 Appendix 1 O.A.T.A.C. By-law Amendment Suggestions Amend By-law of The Corporation of the City of Oshawa as the by-law to regulate and control the use of skateboards, bicycles and similar devices within the City of Oshawa. By-law states Being a by-law to regulate and control the use of skateboards, bicycles and similar devices within the City of Oshawa. O.A.T.A.C. recommends this be amended to Being a By-law to Regulate Bicycles, Skateboards, Inline Skates, Roller Skates, E-bikes, Segways and other conveyances drawn, propelled or driven by any kind of muscular power in the City of Oshawa. The O.A.T.A.C. recommends the following paragraphs be added to By-law 78-91: And Whereas The Corporation of The City of Oshawa by its Council has determined that it is in the public interest to regulate the operation of bicycles, e- bikes, in-line skates, roller skates and skateboards on highways, multi-use trails, and sidewalks in order to protect persons from injury and property from damage; And Whereas this by-law is intended to promote the health, safety and well-being of persons through encouraging the use of bicycles, e-bikes, in-line skates, roller skates and skateboards as means of transportation and for recreational purposes. The use of bicycles and pedelecs would comply with the following; Pedelecs would be permitted wherever bicycles are permitted. E-scooters would be permitted in conventional (painted) bicycle lanes, on the reasoning that it is feasible for e-scooter riders to pass slower cyclists by using the adjacent traffic lane. E-scooters would be prohibited from multi-use trails shared by pedestrians and cyclists within parks, in the ravine system, in hydro and railway corridors and alongside the road right-of way. E-scooters would be prohibited from cycle tracks because it is more difficult to exit the cycle track to safely pass slower cyclists and there is less separation between cyclists and pedestrians. E-scooters would continue to be prohibited from use on sidewalks. 4