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HeavyToilet
The Heaviest OfThem All


Registered: 08/06/03
Posts: 9,458
Loc: British Columbia
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Legal to drink and bike (in Canada)?
#10818866 - 08/07/09 04:40 PM (14 years, 9 months ago) |
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I have an electric scooter, that is technically a bicycle (doesn't require a license or insurance).
I have a habit of going out drinking then riding home on it.
I thought that it's legal to do this... or am I wrong?
And what would be the possible penalties if it is in fact illegal?
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PsychoReactive
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Registered: 05/22/09
Posts: 2,563
Loc: Cocalero
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Re: Legal to drink and bike (in Canada)? [Re: HeavyToilet]
#10820235 - 08/07/09 10:20 PM (14 years, 9 months ago) |
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Ask a cop... lol or a lawyer. Ask if its illegal to ride a bike while drunk, then apply this to your scooter.
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Jako
Stranger


Registered: 09/10/08
Posts: 156
Last seen: 11 years, 10 months
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Re: Legal to drink and bike (in Canada)? [Re: PsychoReactive]
#10827077 - 08/09/09 10:45 AM (14 years, 9 months ago) |
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I know that you can get your driver's licence (for your car) suspended if caught drunk on a bicylce overhere. If you have a driver's licence of course, you'll get a ticket in any case.
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SpeakerSystem
Stranger


Registered: 12/01/08
Posts: 35
Last seen: 14 years, 3 months
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Re: Legal to drink and bike (in Canada)? [Re: Jako]
#10829595 - 08/09/09 07:26 PM (14 years, 9 months ago) |
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I think that since it is recognized as a vehicle on the road, you might get a ticket and im pretty sure public intoxication is illegal aswell. But if your nice they may let you go for good behavior.
When you say scooter do you mean the kind that has a handle bar and you stand on it? Or the kind that you ride like a moped and goes like 32km/h?
Edited by SpeakerSystem (08/09/09 07:27 PM)
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Moronicus
smokehousebacon.



Registered: 05/13/09
Posts: 4,430
Last seen: 11 years, 6 months
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Re: Legal to drink and bike (in Canada)? [Re: SpeakerSystem]
#10830718 - 08/09/09 10:47 PM (14 years, 9 months ago) |
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i once rod my beach cruiser home one time after blacking out
needless to say, i crashed into something and fucked up my right fork and that thingy that keeps my fender in place
don't EVER mix 6 kinds of liquor :|
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BACON RANCH, FUCK YEAH A post about m00nshine Anonymous #6 said: Yes, it is. The shine stands for his job title, which is Shoe Shiner, the moon stands for the time he comes out to be a nigger, which is best suited for the negroid camouflage.
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Dobie
Dopeless Hopefiend


Registered: 08/15/02
Posts: 52,841
Loc: ON DA BLOCK
Last seen: 9 months, 17 days
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Re: Legal to drink and bike (in Canada)? [Re: Moronicus]
#10831189 - 08/10/09 12:11 AM (14 years, 9 months ago) |
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Yeah here in america my buddies dad got a BUI for riding a bike drunk
-------------------- This place is gayer than when the balls touch
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johnm214



Registered: 05/31/07
Posts: 17,582
Loc: Americas
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Re: Legal to drink and bike (in Canada)? [Re: HeavyToilet]
#10831538 - 08/10/09 02:53 AM (14 years, 9 months ago) |
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Quote:
HeavyToilet said: I have an electric scooter, that is technically a bicycle (doesn't require a license or insurance).
I have a habit of going out drinking then riding home on it.
I thought that it's legal to do this... or am I wrong?
And what would be the possible penalties if it is in fact illegal?
Bleh, I can see why you had trouble finding this information.
All the google results are just idiots talking about shit, with no citations to law or cases that could be used to find the law.
Anyways, finally found it, I think
Quote:
"motor vehicle" means a vehicle, not run on rails, that is designed to be self propelled or propelled by electric power obtained from overhead trolley wires, but does not include a motor assisted cycle;
Motor Vehicle Act sec 1
Quote:
"motor assisted cycle" means a device
(a) to which pedals or hand cranks are attached that will allow for the cycle to be propelled by human power,
(b) on which a person may ride,
(c) to which is attached a motor of a prescribed type that has an output not exceeding the prescribed output, and
(d) that meets the other criteria prescribed under section 182.1 (3);
Ibid
This is 182.1(3)Quote:
(3) The Insurance Corporation of British Columbia may make regulations respecting motor assisted cycles including, without limitation, regulations prescribing
(a) the criteria that must be met by a device in order for it to qualify as a motor assisted cycle for the purposes of this Act,
(b) the requirements that must be met in relation to operators of, and equipment attached to, motor assisted cycles, and
(c) restrictions on what may be attached to or carried on a motor assisted cycle.
This may be what they are referring to. I believe if you meet the former definition and also comply with this, then you are not subject to the DUI law:
Quote:
1 (1) A motor assisted cycle must have no more than one motor for propulsion.
(2) The motor of a motor assisted cycle must
(a) be an electric motor,
(b) have a continuous power output rating of not more than 500 watts, and
(c) not be capable of propelling the motor assisted cycle at a speed greater than 32 km/hr on level ground. Wheels
2 (1) The wheels of a motor assisted cycle must be 350 mm or more in diameter.
(2) A motor assisted cycle must not have more than 3 wheels in contact with the ground. Motor shut-off requirement
3 (1) A motor assisted cycle must be equipped with a mechanism, separate from the accelerator controller, that
(a) allows the driver to turn the motor on and off from a normal seated position while operating the motor assisted cycle, or
(b) prevents the motor from turning on or engaging before the motor assisted cycle attains a speed of 3 km/hr.
(2) The motor of a motor assisted cycle must turn off or disengage if
(a) the operator stops pedaling,
(b) an accelerator controller is released, or
(c) a brake is applied. Generators
4 A motor assisted cycle must not be equipped with a generator, alternator or similar device powered by a combustion engine. Brake performance requirement
5 (1) A motor assisted cycle must be equipped with brakes on all wheels or on each axle.
(2) The braking system must be capable of bringing the motor assisted cycle, while being operated at a speed of 30 km/hr, to a full stop within 9 m from the point at which the brakes were applied. Drive system and equipment securement
6 The motor drive system and all energy storage devices of a motor assisted cycle must be secured to prevent movement in any direction relative to the motor assisted cycle while the motor assisted cycle is operating. Electrical terminals
7 All electrical terminals on a motor assisted cycle must be completely insulated or covered.
I believe this is the definition of motor vehicle relevant to DUI prohibitions.
So it seems if your vehicle is a self propelled one then it is illegal, but if it is a motor assisted cycle, then ikt isn't. Make sure it complies the definition in the law, and then the regulation I posted (last quote).
I make no assurance that such cycles aren't covered under some other law thought.
And fyi, this is typical of the law. They pass shit which refrences some other law, which refrences some regulation, and before you know it whether you are going to jail depends on the width of your wheels, as if that has shit to do with anything.
So, do you fall under these definitions or no?
Stay heavy
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