KENORA — A man operating an electric bicycle with a passenger was arrested for alleged impaired operation following an early-morning traffic stop in Kenora on Sunday, Aug. 2.
Kenora Ontario Provincial Police said officers initially stopped the rider after observing alleged Highway Traffic Act offences. During the investigation, officers determined the man was impaired, according to police.
Rider Arrested Following Traffic Stop
The man was arrested and charged with impaired operation of a conveyance, along with several provincial offences.
Police did not release the accused’s name, identify the provincial charges or disclose whether alcohol, drugs or a combination of the two was alleged. No court date was included in the information provided.
Ontario requires e-bike riders to follow the rules of the road that apply to cyclists. Riders must also meet provincial age, helmet and equipment requirements.
How Canada’s Impaired-Operation Law Applies
Section 320.14(1)(a) of the Criminal Code makes it an offence to operate a conveyance while a person’s ability to operate it is impaired to any degree by alcohol, drugs or a combination of both.
The Criminal Code defines a conveyance as a motor vehicle, vessel, aircraft or railway equipment. The legal treatment of a particular electric bicycle can depend on its design, equipment and operating characteristics. Ontario also warns that Criminal Code consequences may apply when an electric bicycle is operated while impaired.
Police did not specify the exact Criminal Code subsection listed on the charge.
Potential Penalties Following Conviction
An impaired-operation charge under section 320.14(1) can be prosecuted by summary conviction or indictment.
For a first offence, the Criminal Code generally provides for a minimum $1,000 fine. A second offence carries a minimum 30-day jail sentence, while subsequent offences carry a minimum 120-day jail sentence.
When prosecuted summarily, the maximum sentence is a $5,000 fine, imprisonment for up to two years less a day, or both. When prosecuted by indictment, the maximum sentence is 10 years in prison. The sentence imposed depends on the circumstances, the offender’s record and any aggravating or mitigating factors.
A conviction can also result in a court order prohibiting the offender from operating the type of conveyance involved. The prohibition generally ranges from one to three years for a first offence, two to 10 years for a second offence and at least three years for subsequent offences, in addition to any period of imprisonment.
The accused is presumed innocent unless and until proven guilty in a court of law.
Plan a Sober Ride — Even When Travelling by E-Bike
Electric power does not exempt a rider from impaired-operation laws. Alcohol and drugs can reduce balance, judgment, reaction time and awareness, putting the rider, passengers, pedestrians and other road users at risk.
Anyone who has been drinking or using impairing substances should leave the bicycle secured and arrange another way home. Safer choices include calling a taxi or local ride service, contacting a sober friend, using public transit where available or arranging a designated driver.
