Almost Legal: The Truth About E-Bikes and Beyond

When I joined Jerry Agar on Wednesday to talk about e-bikes, enforcement, and education, a listener who we’ll call “R” reached out to me. He shared his story, and I appreciate that he did.

R told me he’s been riding an Emmo Kamen “e-bike” for three years, has put more than 20,000 kilometers on it, and hasn’t had a single infraction or accident. He said police told him to stay in traffic, don’t speed, and don’t lane share. He followed those directions and has had no issues.

R sounds like a great guy, and I’m glad he’s been safe. But here’s the truth: his vehicle isn’t really an e-bike. It’s a motorcycle disguised as one, and he’s breaking the law every time he rides it on the road.

Think about it this way. Nobody considers a Tesla an “e-bike” just because it runs on electricity. Even if you never drove it faster than 32 km/h, you’d still need a licence to operate it because a Tesla is a car. The Emmo Kamen, the Surron, and plenty of others are motorcycles. The fact they run on batteries doesn’t change that.

Even Harley-Davidson makes electric motorcycles, and nobody pretends they’re bicycles. Yet these so-called “e-bikes” sneak through loopholes with pedals bolted on for show and software limiters set to 32 km/h that can be switched off with a flick, allowing them to travel at highway speeds.

Real vs. Fake E-Bikes

This is bigger than e-bikes, but don’t confuse fake e-bikes with the real ones.

Pedelecs are the true e-bikes. They cut off motor assist at 32 km/h, have real pedals, and meet the weight and wattage rules. We aren’t concerned about them. In fact, you can ride them everywhere a real bicycle is allowed.

It’s the outliers, the modified machines, the imports, and the flat-out illegal vehicles flooding our streets that are the growing problem.

E-Kick Scooters

We’ve seen e-kick scooters clocking 100 km/h. Not only are they dangerous, but they’re illegal in jurisdictions that haven’t opted into Ontario’s pilot program.

Even where they are allowed, they must be incapable of going faster than 24 km/h, they cannot have seats or cargo racks, riders must be at least 16, and helmets are mandatory.

Yet we see them everywhere: on sidewalks, weaving through traffic, and breaking every rule. The stats are in, and hospital visits are up. That’s exactly what was predicted, and it’s one of the reasons so many municipalities don’t want them.

Electric Unicycles

They’re everywhere. They’re fast. And every single one of them is illegal. Not one is authorized for use on Ontario roads. Yet they’re zipping through intersections and bike lanes daily.

Fake “Mobility Scooters”

We’ve also got small cars with air conditioning and stereo systems being passed off as mobility scooters. Courts have even tossed charges against their operators out of sympathy.

But feeling bad for someone isn’t a reason to legitimize illegal behavior. If you can’t afford insurance, or you’ve lost your licence because of impaired driving or another conviction, buying a fake “scooter” doesn’t make you legal. It just puts others at risk.

Disqualified Drivers and the Criminal Code

A lot of people turn to these machines because they’ve lost their licence for impaired driving or another offence and think they’ve found a loophole. They haven’t.

Under the Criminal Code of Canada, these are still motor vehicles. That means if you’ve been disqualified from driving and you hop on one of these “almost legal” rides, you can still be charged with driving while disqualified.

That is a serious criminal offence that carries real consequences, including jail.

Kids, Parents, and Turning a Blind Eye

Too many parents, and even too many officers, shrug and say, “Let kids be kids” or “People will do what they do.” That attitude is dangerous.

Just recently, I saw three kids riding large, fast e-bikes around my community. None of them wore helmets. None of them were 16, which means none of them were legally allowed to be on those vehicles at all. They were on and off the sidewalk. Every single thing they were doing was illegal.

So either they stole the bikes, took them without permission, or their parents willingly put these machines in their hands. Any way you look at it, it’s reckless, and it’s going to result in tragedy if it hasn’t already.

We need to take a stand. Following the law means following all the laws, not just the convenient ones. That includes telling your own children “no,” even when it makes them pout. A friend once told me the kindest word you can give a child is “no,” because it sets boundaries and keeps them safe. If that’s true for kids, why aren’t we willing to say the same to adults?

The “broken windows” theory made New York safer because small violations were addressed before they grew into bigger problems. When we ignore the little things—helmets, age limits, speed caps—we create a culture where laws don’t matter, and people push further and further.

Who’s Winning?

The only people winning here are the dealers. They’re selling illegal or gray-market machines to line their pockets, while giving people tools to hurt themselves and others.

We scream about illegal guns, but we say nothing about dealers importing vehicles that can’t legally be used on the road. Technically, they aren’t breaking the law by selling them. It’s the buyer who breaks the law by using them. Just like Canadian Tire selling tinted licence plate covers—it’s not illegal to sell them, but it is illegal to use them.

My Ask

If you’re going to drive something on the road, research it. Make sure it’s compliant. Make sure it’s safe. And if you’re buying something for a child—don’t buy these. They are not for kids.

Truthfully, I don’t think they’re for anyone without a licence. But until I’m elected into a position where I get to make those decisions, I’ll keep having this dialogue and hoping someone listens, thinks twice, and makes better choices because of it.

Bottom Line

R’s story is important because it shows how people can go thousands of kilometers without issue, but it also highlights the problem. If everyone is breaking the law, then the law means nothing.

Vehicles capable of motorcycle speeds and performance need to be insured, licensed, and safety-approved. Leaving them in this unregulated grey area is bad for everyone: riders, drivers, pedestrians, and the community as a whole.

Education comes first, and I’ll keep talking about this to raise awareness. But turning a blind eye, or giving advice on how to “stay under the radar,” only fuels the chaos.

The solution is simple: if it’s a car, call it a car. If it’s a motorcycle, call it a motorcycle. And if you’ve been disqualified from driving, know this: these machines won’t save you. They are still motor vehicles under the Criminal Code. Riding one could land you right back in court.

[Sean Shapiro is a former police officer and traffic specialist. This article is based on his experience and his knowledge of the Highway Traffic Act of Ontario and the Criminal Code of Canada. To learn more about Sean’s work, visit AskATrafficCop.ca or BetterTraffic.ca.]