OHTA.ca

Let me start out by saying, I know this topic has already been discussed in length, but not the sub-topic that I would like to cover. I read through the previous post and agree with most peoples comments.

What I dont agree with is the end result that a motorized bike is not insurable, nor drivable on public roads.

History:

I am not new to getting the run around from the MTO.

Last year I had bought a Chinese made ATV that everyone from OPP officers to Service Ontario employees told me that I could never have it registered.

2 weeks later, I had ownership, a plate, insurance and was ready to ride.

Everyone was amazed for some reason, and I dont know why because it wasnt that hard.

Now for the real conversation. The HTA (highway traffic act) defines a Moped as the follow.

"

Motorized Bicycle:

A moped has the following characteristics:

Weight of 55 kilograms or less

Attached motor driven by electricity or having a piston

displacement of no more than 50 cubic centimetres

Pedals that are operable at all times and may be used to propel

the moped

No hand¬ or foot operated clutch or gearbox driven by the

motor and transferring power to the driven wheel

Maximum speed of 50 km/h on level ground within 2 kilometres

from a standing start

"

My motorized bicycle meets every one of these requirements, it is less than 55kg, and has a 49cc engine, pedals operate all the time, and it cant go faster than 50km/h. The only thing it has that states is not allowed is a HAND or FOOT OPERATED CLUTCH.

So as far as I am concerned, If I modify my bike to use a centrifugal clutch or auto clutch, and remove the hand operated clutch. It will meet all the characteristics that make it a MOPED.

Second problem is VIN and registering it with MTO. Read the note below, specifically highlighted in bold. The bike I used as my frame for the engine was very intentionally chosen as a 1982 mountain bike. This way I can meet the classifications below that states it was made before 1983. Which is now is since the bike was a 1982. It doesnt say anything about the motor being made prior to 1983, and I would make the argument that you can replace a motor in an older moped with a replacement motor that is new and have no issues, so neither should I.

So now I will be going to the MTO and sign a self-declaration stating that the vehicle is a moped AS DEFINED BY THE HTA, which it will be once I remove the clutch. The MTO will then issue me a new VIN # and registration.

Under the Highway Traffic Act, mopeds are not considered

motorcycles; however, mopeds require you to have the same types

of riding skills as required for motorcycles, and you must hold a

valid motorcycle class licence (an M1, M2(L), M2, M(L) or M) in

order to drive on Ontarios public roads. Your moped must also be

registered with the Ministry of Transportation and have a valid

moped licence plate attached. When registering your moped at a

Driver and Vehicle Licence Issuing Office, you must show the

new vehicle information statement (NVIS). If your moped is a

1983 or earlier model, and you do not have an NVIS, you may

make a self declaration that the vehicle is a moped as defined

under the Highway Traffic Act. After registering, you will be

given a vehicle permit and a moped licence plate.

The important thing to recognize if that IF YOU MAKE YOUR MOTORIZED BICYCLE fit into the category that classifies what a MOPED is when you can REGISTER IT AS A MOPED.

Cops can only enforce the law. They cant make them up, or give you a hard time because you MEET THE REQUIREMENTS OF THE LAW.

There is nothing in the HTA that states we cannot make a vehicle fit into a classification is there?

Does anything think I am missing anything here?

I dont see why this will not work. Again assuming the clutch is removed.

This will be a legal moped at this point. With the correct mirrors, lights, horn etc. as well.

One more note:

I think the worst case scenario, being that you still get in trouble. You can use the defense that has already been cited as precedence, and claim that is is not against the law to drive a vehicle that is uninsurable on the public road, since there is no opportunity for registration or insurance.

In my mind this is the MTO's problem, they should be working towards a new classification for these vehicles, because they are not going away, and actually save the environment compared to 6L v8 engines stuck on the DVP all day. They don't care about pollution, that is obvious.

If the MTO hasn't figured out what to do, that's their failure as a part of our government.

I am not worried either way. I will continue to ride my motorized bicycle around.

I'm not sure the MTO will buy the pre-1983 bit. That is more for a commercial moped that has documentation.

It's interesting though. Keep us posted but I do think you could get tickets until you get the paperwork sorted out through the MTO.