Pocket bikes are automobiles under Ontario law: FSCO arbitrator
February 3, 2011 by Canadian Underwriter
Print this page Share
A gas-powered, miniature motorcycle known as a “pocket bike” is a motor vehicle under Ontario law, according to the Financial Services Commission of Ontario (FSCO).
Accident benefits claimant Cassondra Bouchard was injured while riding a Honda CRF 50 Mini Bike owned by Kristin Stratton, who lived on private property near Uxbridge, Ontario. Stratton used the pocket bike on his own property and the property of a friend.
Bouchard and Brandon Cowie attended a party at Stratton’s house in January 2008. They decided to take two pocket bikes owned by Stratton out for a spin.
Bouchard’s bike crashed into Cowie’s and Bouchard was taken to Uxbridge Cottage Hospital and subsequently transferred to St. Michael’s Hospital in Toronto.
Bouchard made a claim for accident benefits from her insurer, Motors Insurance Corporation, but Motors denied the claim. Motors argued Bouchard was not involved in a motor vehicle accident, because a pocket bike is not a motor vehicle.
Under s. 224(1) of the Statutory Accident Benefits Schedule (SABS), an automobile includes “a motor vehicle required under any act to be insured under a motor vehicle policy.”
The Off Road Vehicles Act of Ontario refers to vehicles not operated on a highway, propelled other than by muscular power and “on not more than three wheels.” Section 15 of the Off-Road Vehicles Act calls for off-road vehicles to be insured, except where “the vehicle is driven on land occupied by the owner of a vehicle.”
“It is a very narrow exclusion,” FSCO arbitrator Denise Ashby wrote. “In my view, the consequence of the owner of the pocket bike driving it at ‘my friend’s house’ was the necessity to insure it. Therefore the pocket bike is required to be insured by operation of the provisions of the Off-Road Vehicles Act….”
Print this page Share
I support that pocket bikes shouldn’t be allowed on roads but I don’t support how they aren’t allowed on sidewalks and if you say that the pedestrians may get hit well you always must even on a bike must yield to pedestrians and watch your speed and I also don’t think that they should be insured bc you don’t insure a bicycle because it isn’t a vehicle and I don’t think a pocket bike is a vehicle because it isn’t and it shouldn’t be permitted on the road
So I built a pocket bike. And now I’ve found out that in Ontario, I can’t even ride it in the bike lane. It is governed and pushed to its limits it goes max 24 miles an hour but I would even push it that hard. I mean if a pedestrian was to be hit by it it would hurt as much as a bike.
What is this!?!? Pocket bikes and drift trikes should be allowed in bike lanes and sidewalks as they are no more of a danger than bicycles, whats the difference between an electric bicycle and a pocket bike other than the bicycle is bigger? This is a really un-necessary law that reallu serves to purpose as it isn’t protecting anyone,if bicycles are allowed the so should small gas powered modes of transportation.
A free country means you are free to do things within safe parameters. This is within safe parameters and we are not allowed to do it. That is contradicting “free country”. This is a dumb rule and it should be legal to ride them. If they are legal to buy, then they should be legal to ride.
I own a pocket bike in Ontario and I think you should be able to ride them in bike lanes plus on side roads because they are not interfering with traffic in anyways while on the side roads
Will you get hurt from riding anything, i.e. bicycle, skateboard, rollerblades. If you fall you will get hurt, it’s part of the process for kids to grow up. I had strict parents like yourself growing up. A father who loves his kids and allows them to have fun, and also a worrying mother like yourself. I have had countless instances where I have come home with blood dripping down my arms or legs. Did my mother immediately tend to my wounds, yes which mother wouldn’t. Was she mature enough to understand that kids get hurt when they play, it’s normal for a child to fall. But it’s more important they pick themselves back up and continue having fun instead of fearing failure again.
Someone tell me the difference of a bicycle going 20km/h and a mini bike going 20km/h.
I am 14 and drove my Coleman 196cc mini bike on the sidewalk, and a cop passed me and did nothing. forget bike lanes. Just drive it on the sidewalk and they don’t do anything. cops know that law is ridiculous and don’t try to enforce it.