Definitions

1   In this regulation:

"accelerator controller" means equipment or components of a motor assisted cycle that cause the motor to propel the cycle regardless of whether the operator is pedalling or hand cranking the cycle;

"Act" means the Motor Vehicle Act;

"light e-bike" means a motor assisted cycle in the class established under section 5 (a) [classes of motor assisted cycles];

"standard e-bike" means a motor assisted cycle in the class established under section 5 (b).

Devices prescribed as motor assisted cycles

2   Devices that meet all of the criteria set out in the following provisions are prescribed as motor assisted cycles for the purposes of section 182.1 [motor assisted cycles] of the Act:

(a) section 182.1 (2) (a) and (b) of the Act;

(b) sections 3 [motor-related criteria] and 4 [additional criteria] of this regulation.

Motor-related criteria

3   (1) For the purposes of section 182.1 (2) (c) [motor assisted cycles] of the Act, the device must have one or more attached electric motors that have a continuous power output rating that, in total, does not exceed 500 W.

(2) For the purposes of section 182.1 (2) (d) of the Act, the following motor-related criteria must also be met:

(a) the motors must not be capable of propelling the device at a speed exceeding 32 km/h when the device is being operated on a clean, paved and level surface;

(b) the motors of the device must cease to propel the device forward as follows:

(i) if the motors are engaged by pedalling, when the operator stops pedalling;

(ii) if the motors are engaged by hand cranking, when the operator stops hand cranking;

(iii) if the motors are engaged by operating an accelerator controller, when the operator releases or disengages the accelerator controller;

(iv) regardless of how the motors are engaged, when the operator applies a brake;

(c) if the device is equipped with an accelerator controller, the device must be equipped with a mechanism, separate from the accelerator controller, that does either of the following:

(i) allows the operator, while operating the device, to turn the motors on and off from a normal seated position;

(ii) prevents the motors from turning on or engaging before the device attains a speed of 3 km/h;

(d) the device must not have a generator or alternator, or similar device, powered by a combustion engine.

Additional criteria

4   For the purposes of section 182.1 (2) (d) [motor assisted cycles] of the Act, the following additional criteria must be  met:

(a) the device must have only 2 or 3 wheels that make contact with the ground;

(b) the wheels of the device that make contact with the ground, including the rubber tires, must be at least 350 mm in diameter;

(c) the device must have brakes

(i) on all wheels that make contact with the ground, or

(ii) on each axle of the device.

Classes of motor assisted cycles

5   The following classes of motor assisted cycles are established:

(a) light e-bikes, consisting of those motor assisted cycles that meet all of the criteria set out in section 6;

(b) standard e-bikes, consisting of those motor assisted cycles that are not light e-bikes.

Criteria for light e-bikes

6   (1) To qualify as a light e-bike, the motors of a motor assisted cycle

(a) must not be capable of propelling the cycle unless the operator is pedalling or hand cranking the cycle,

(b) must have a continuous power output rating that, in total, does not exceed 250 W, and

(c) must not be capable of propelling the cycle at a speed exceeding 25 km/h when the cycle is being operated on a clean, paved and level surface.

(2) In addition to the criteria set out in subsection (1), the motor assisted cycle must not be equipped with an accelerator controller.

Operation permitted subject to prohibitions and requirements

7   A person may operate a motor assisted cycle on a highway, subject to the prohibitions and requirements set out in this Part.

Age prohibitions — light e-bike

8   (1) A person under 14 years of age must not operate a light e-bike on a highway.

(2) A parent or guardian of a person under 14 years of age must not authorize or knowingly permit the person to operate a light e-bike on a highway.

Age prohibitions — standard e-bike

9   (1) A person under 16 years of age must not operate a standard e-bike on a highway.

(2) A parent or guardian of a person under 16 years of age must not authorize or knowingly permit the person to operate a standard e-bike on a highway.

Prohibition against carrying passengers

10   A person under 16 years of age who is operating a motor assisted cycle on a highway must not use the cycle to carry or tow a passenger.

Operation prohibited unless motor assisted cycle meets requirements

11   (1) A person must not operate a light e-bike on a highway unless the light e-bike meets the equipment requirements set out in the following:

(a) section 12 (1) [braking system requirements];

(b) section 13 [drive system and energy storage devices];

(c) section 14 [electrical terminals].

(2) A person must not operate a standard e-bike on a highway unless the standard e-bike meets the equipment requirements set out in the following:

(a) section 12 (2) [braking system requirements];

(b) section 13 [drive system and energy storage devices];

(c) section 14 [electrical terminals].

Braking system requirements

12   (1) A light e-bike must be equipped with a braking system that, when the light e-bike is being operated at a speed of 25 km/h on a clean, paved and level surface, is capable of bringing the light e-bike to a complete stop within 7.5 m of the point at which the brakes are applied.

(2) A standard e-bike must be equipped with a braking system that, when the standard e-bike is being operated at a speed of 32 km/h on a clean, paved and level surface, is capable of bringing the standard e-bike to a complete stop within 9 m of the point at which the brakes are applied.

Drive system and energy storage devices

13   The motor drive system of a motor assisted cycle and all of the cycle's energy storage devices must be securely fastened to the cycle in order to prevent the motor drive system and energy storage devices from moving, relative to the cycle, when the cycle is operating.

Electrical terminals

14   All electrical terminals of a motor assisted cycle must be completely insulated or covered.

Offences

15   A person who contravenes any of the following commits an offence:

(a) section 8 (1) or (2) [age prohibitions — light e-bike];

(b) section 9 (1) or (2) [age prohibitions — standard e-bike];

(c) section 10 [prohibition against carrying passengers];

(d) section 11 (1) or (2) [operation prohibited unless motor assisted cycle meets requirements].