Key Documents Regarding the Ford Government’s November 27, 2019 Announcement of Its 5-Year E-scooter Pilot
Here are the Key Documents that are connected to the Ford Government’s November 27, 2019 news release, announcing its new regulation that allows electric scooters (e-scooters in Ontario. These are all referred to in the AODA Alliance’s November 28, 2019 news release on this topic.
Below you can find:
* the Ford Government’s November 27, 2019 news release
* the backgrounder to the Ford Government’s November 27, 2019 news release.
* the New Democratic Party’s November 27,2019 news release, criticizing the Government’s announcement, and
* the text of the Government’s new e-scooter regulation.
Ontario Government November 27, 2019 News Release
Ontario Announces E-Scooter Pilot to Help Grow Ontario’s Economy
November 27, 2019
E-scooter pilot will make it easier for people to get around
TORONTO – As part of the government’s plan to help businesses expand and allow consumers and commuters more choice, Vijay Thanigasalam, Parliamentary Assistant to Caroline Mulroney, Minister of Transportation, announced a 5-year e-scooter pilot that will begin on January 1, 2020. E-scooters have the potential to help hundreds of thousands of commuters get to transit connections, reduce congestion and open the Ontario market to a new and growing sector. Under the pilot, municipalities can choose whether to allow e-scooters on their roadways.
“Ontario’s five-year e-scooter pilot will give people a new, clean and green way to get from point A to point B in their communities,” said Thanigasalam.
“This pilot is another way that our government is giving consumers more choice and making Ontario open for business.”
“Ontario’s e-scooter pilot will help businesses expand, enrich local economies and offer people more options to get around safely,” said Mulroney. “Our government is strongly committed to promoting the highest standards of safety for all Ontarians who travel on our roads.”
“With Ontario adopting regulations for its e-scooter pilot, we’re excited by the momentum micromobility continues to gain across Canada,” said Chris Schafer, Senior Director, Strategic Development at Lime in Canada. “This development means that Ontario’s municipalities can now offer their residents new and sustainable ways to get around in their communities. We look forward to working in partnership with governments across the province and continuing to advance our shared transportation goals.”
The province has developed best practice guidelines to help municipalities safely integrate e-scooters in their communities. E-scooters have been launched in over 125 U.S. cities and are being allowed under pilot conditions in Quebec and Alberta.
- Municipalities that choose to permit e-scooters will be responsible for considerations such as whether to allow or prohibit them on municipal roads including parks and trails; where parking will be located; and how e-scooters will be managed in their municipality.
- Under the 5-year pilot, the province has set out rules and requirements for e-scooters such as helmet requirements and a minimum age of 16 years old.
- E-scooters will also need to be equipped with a horn or bell and must have a front and rear light.
- Municipalities can choose to pass by-laws to allow use of e-scooters and determine where they can operate most safely in each unique environment.
- Ontario’s Open for Business Action Plan has set targets of reducing regulatory red tape affecting businesses by 25 per cent and the cost of complying with regulations by $400 million annually by 2020 to help business keep, grow and create good jobs.
- Best Practice Guidelines for Municipalities
- Open for Business – Helping to Grow the Economy and Create Good Jobs
Ontario Government Backgrounder on Its e-scooter Pilot
Originally posted at http://www.mto.gov.on.ca/english/vehicles/electric/electric-scooters.shtml
Ministry of Transportation
Electric Kick-Style Scooters (e-scooters)
The Ontario Government is committed to supporting new and emerging technologies that can help move people safely and efficiently while limiting environmental impacts. As new and emerging transportation modes evolve, new forms of electric vehicles present an opportunity to reduce traffic congestion, provide first and last mile connections to transit and present a new way for residents to get around their communities.
Effective January 1, 2020 a new pilot to permit Electric Kick Scooters (e-scooters) on Ontario’s roads will be in place.
Under the pilot, the province has set out the broad rules and requirements for e-scooters such as helmet requirements and minimum age. It is now up to the municipalities to pass by-laws to allow their use and determine where they can operate most safely in each unique environment.
Municipalities that choose to permit their use would be responsible for deciding such things as allowing or prohibiting them on municipal roads including parks, and trails; where parking would be located and how e-scooters would be managed in their municipality. The ministry has also developed a best practices document for municipalities to support them in developing their e-scooter program in a safe environment. For reference here is this Best Practices document (PDF – 200 KB).
Ontario’s objective is to create a viable framework for municipalities to allow e-scooters in their jurisdictions.
The pilot is intended to evaluate the use of e-scooters over a 5-year period to examine their ability to safely integrate with other vehicle types and determine whether existing rules of the road are adequate.
Key elements of the pilot
Municipalities must pass a by-law to allow them on municipal roads
Maximum speed 24 km/h
Maximum weight 45kg
Maximum power output 500W
Minimum operating age 16
No passengers allowed
No cargo may be carried
No baskets allowed
Riders must stand at all times
Bicycle helmet required for those under 18 years old
No pedals or seat allowed
Must have 2 wheels and brakes
Must have horn or bell
Must have one white light on front, one red light on rear and reflective material on sides
Maximum wheel diameter 17 inches
All HTA rules of the road will apply to the operation of e-scooters like bicycles
Penalties in HTA s. 228(8) will also apply to violations of pilot regulation (fine of $250 to $2,500)
Not allowed on controlled access highways
For the full list of pilot requirements, please see Ontario Regulation Electric Kick-Scooters, which will be posted soon.
After the pilot is done
The Ministry of Transportation expects that this pilot framework, in addition to continued discussions with municipalities, will provide the ministry with meaningful evidence to determine whether a permanent framework is warranted. Following a safety evaluation of these vehicles, the ministry will make a long-term decision on whether e-scooters are permanently allowed on road in Ontario.
The e-scooters that are permitted under Ontario’s pilot are the electric kick style scooters.
The scooters can vary in design, weight and speed and there are a number of different configurations that Ontario’s pilot framework would cover. The pilot framework lists all the requirements that an e-scooter must meet to participate in the pilot. Below is an example of an electric kick style scooter.
an electric kick style scooter
This pilot approach allows the ministry to establish rules, monitor and evaluate any safety impacts of e-scooters. It is a measured approach that will promote road safety, foster business innovation and open the Ontario market to this new and growing sector. By allowing municipalities to permit the use of e-scooters in their jurisdiction creates more mobility options for Ontarians and demonstrates that the province is open for business by allowing new companies to operate in Ontario.
Municipalities will have the authority to create by-laws to prohibit e-scooters from any municipal areas that fall under their jurisdiction such as sidewalks; where the e-scooter parking would be located and how e-scooters would be managed in their municipality.
While the province is establishing a regulatory framework to define where and how e-scooters can be operated it will be the responsibility of the user/e-scooter company/municipality to ensure that the rider is able to safely operate the vehicle if a municipal by-law is passed to allow their use. Municipalities may require permits or licencing for those e-scooter companies wishing to offer e-scooter rental services and as part of those agreements there may be training requirements as well.
e-Scooter Best Practices document (PDF – 200 KB)
Low Carbon Vehicles
About Low Carbon Vehicles
Charging an Electric Vehicle
Green Licence Plates
NDP November 27, 2019 News Release
Ford government’s e-scooter pilot fails to consider concerns from disability community
QUEEN’S PARK — The NDP critic for Accessibility and Persons with Disabilities, Joel Harden (Ottawa Centre), made the following statement in response to
the Ford government’s announcement Wednesday of a five-year e-scooter pilot program:
“People with disabilities face constant barriers to moving through our cities’ public spaces safely and accessibly. The Ford government’s e-scooter pilot program has raised serious concern among people with disabilities, who worry that e-scooters will make sidewalks more crowded, and more dangerous.
The Ford government’s e-scooter pilot consultation was extremely rushed, and it failed to seek out proper feedback from the disability community. It is telling that Ford’s announcement of the plan makes no mention whatsoever of accessibility.
The Ford Conservatives should halt their e-scooter pilot program and conduct an in-depth consultation with the disability community.”
Media contact: Jodie Shupac, 416-806-9147
November 27, 2019 Ontario Electric Scooters Regulation
Originally posted at https://www.ontario.ca/laws/regulation/190389
- Reg. 389/19: PILOT PROJECT – ELECTRIC KICK-SCOOTERS
under Highway Traffic Act, R.S.O. 1990, c. H.8
current November 27, 2019
ONTARIO REGULATION 389/19
PILOT PROJECT – ELECTRIC KICK-SCOOTERS
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)
- (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
- A pilot project to evaluate the use and operation of electric kick-scooters is established.
- 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
- (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.
- (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.
(3) Where bicycle lanes are not provided on a highway or where the operation of electric kick-scooters in bicycle lanes is prohibited by municipal by-law, an electric kick-scooter shall only be operated,
(a) if there is a shoulder on the highway, on the shoulder as close to the right edge of the shoulder as possible; or
(b) if there is no shoulder on the highway, on the right side of the roadway as close to the edge of the roadway as possible.
Application of the Act
- (1) Parts II, IV, VI and X.3, sections 179 and 199 and subsection 214 (2) of the Act do not apply to the operation of an electric kick-scooter or to a person who operates an electric kick-scooter.
(2) Sections 140 and 144 of the Act apply to an electric kick-scooter as if the electric kick-scooter were a bicycle.
(3) When an electric kick-scooter is being operated on a sidewalk, trail, path or walkway or in a public park or exhibition ground, the provisions of the Act, other than the Parts and sections listed in subsection (1), apply to the operation of the electric kick-scooter and to the operator of the electric kick-scooter as if the electric kick-scooter were a bicycle and the operator a cyclist.
(4) When an electric kick-scooter is being operated on a roadway or on the shoulder of a highway, the provisions of the Act, other than the Parts and sections listed in subsection (1) or the provisions listed in subsection (2), apply to the operation of the electric kick-scooter and to its operator as if the electric kick-scooter were a bicycle and the operator a cyclist.
- (1) The operator of an electric kick-scooter shall keep a safe distance from pedestrians and other users of the roadway, shoulder, sidewalk, trail, path, walkway, public park or exhibition ground at all times and shall give way to a pedestrian or bicycle by slowing or stopping, as necessary, where there is insufficient space for the pedestrian or bicycle and the electric kick-scooter to pass.
(2) An electric kick-scooter shall not be operated on a sidewalk, trail, path or walkway or in a public park or exhibition ground at a speed that is markedly greater than the speed of the pedestrians who are proximate to the electric kick-scooter.
(3) Every electric kick-scooter shall be equipped with a bell or horn which shall be kept in good working order and sounded whenever it is reasonably necessary to notify cyclists, pedestrians or others of its approach.
(4) When operated at any time from one-half hour before sunset to one-half hour after sunrise and at any other time when, due to insufficient light or unfavourable atmospheric conditions, persons and vehicles are not clearly discernible at a distance of 150 metres or less, every electric kick-scooter shall carry a lighted lamp displaying a white or amber light at the front and a lighted lamp displaying a red light at the rear.
(5) The lamps referred to in subsection (4) may be attached to the electric kick-scooter or may be carried or worn by the operator on his or her person.
(6) An electric kick-scooter shall not be operated in such a manner that it may harm, injure or damage, either directly or indirectly, any person or property.
General rules re operation
- (1) No person under the age of 16 years shall operate an electric kick-scooter.
(2) No person operating an electric kick-scooter shall carry any other person thereon.
(3) No person operating an electric kick-scooter shall tow another person, vehicle or device.
(4) No person operating an electric kick-scooter shall attach himself or herself to another electric kick-scooter, vehicle or device for the purpose of being drawn or towed.
(5) No person operating an electric kick-scooter shall operate it in any position other than while standing at all times.
(6) No cargo may be carried on an electric kick-scooter.
(7) No person operating an electric kick-scooter shall leave it in a location that is intended for the passage of vehicles or pedestrians.
- (1) An electric kick-scooter shall have one or more electric batteries that are the sole source of power to the motor.
(2) An electric kick-scooter shall not have,
(a) a seat, surface or structure that could be used as a seat;
(b) pedals attached to it;
(c) a basket attached to it;
(d) wheels with a diameter of more than 430 millimetres; or
(e) any structure to enclose the electric kick-scooter.
(3) The weight of an electric kick-scooter, including the weight of the battery but otherwise unladen, shall not exceed 45 kilograms.
(4) The battery and motor of an electric kick-scooter shall be securely fastened to the electric kick-scooter to prevent them from moving while the electric kick-scooter is in motion.
(5) All electric terminals on an electric kick-scooter shall be completely insulated and covered.
(6) An electric kick-scooter shall not be modified after its manufacture in any way that may result in increasing its power or its maximum speed beyond the limits set out in the definition of “electric kick-scooter”.
(7) The motor of an electric kick-scooter shall cease to propel the electric kick-scooter forward if the accelerator is released or the brakes are applied.
(8) The braking system of an electric kick-scooter must be capable of bringing the electric kick-scooter, while being operated at a speed of 24 kilometres per hour on a clean, paved and level surface, to a full stop within nine metres from the point at which the brakes were applied.
(9) An electric kick-scooter and all of its components shall be maintained in good working order at all times.
- A person who is under 18 years old shall wear a helmet that complies with the requirements of subsection 104 (1) or (2.1) of the Act when operating an electric kick-scooter.
Operator to stop for police officer
- Every operator of an electric kick-scooter shall stop when required to do so by a police officer and shall, on the demand of the police officer,
(a) surrender his or her driver’s licence, if he or she has one and has it in his or her possession, for reasonable inspection by the officer; or
(b) provide the officer with his or her correct name, address and date of birth.
Duty to report accident
- (1) Where an electric kick-scooter is involved in an accident with a pedestrian, animal or vehicle that results in personal injury or property damage, the operator of the electric kick-scooter shall forthwith report the accident to a police officer and furnish him or her with the information concerning the accident as may be required by the officer under subsection (2).
(2) A police officer receiving a report of an accident, as required by this section, shall secure from the person making the report, or by other inquiries where necessary, the particulars of the accident, the persons involved, the extent of the personal injuries or property damage, if any, and the other information that may be necessary to complete a written report concerning the accident and shall forward the report to the Registrar within 10 days of the accident.
(3) The report of a police officer under subsection (2) shall be in the form that is approved by the Minister.
Reports to Minister
- Any municipality in which electric kick-scooters are being used shall, if requested by the Minister, report to the Minister on the use of electric kick-scooters in the municipality, or on any aspect of such use as may be specified by the Minister.
- This Regulation is revoked on the fifth anniversary of the day it is filed.
- Omitted (provides for coming into force of provisions of this Regulation).