John Ducker: Laws falling behind technology with e-motorcycles

Electric motorcycles — often marketed as electric bikes, dirt bikes or “off-road recreation vehicles” — are appearing everywhere, without the regulations to go with them.

I can’t honestly say I’ve seen much of the problem around Greater Victoria. But, according to frequent news reports from up-Island — particularly the Nanaimo area — if you’ve spent any time on trails or even neighbourhood sidewalks lately, you’ve probably noticed them. Electric motorcycles — often marketed as electric bikes, dirt bikes or “off-road recreation vehicles” — are appearing everywhere.

While many riders use them responsibly, a growing number are operating machines that are neither legally bicycles nor properly licensed motorcycles. That has created a regulatory grey area that is frustrating police, alarming residents and raising legitimate safety concerns. Across British Columbia, reports continue to surface of powerful electric motorcycles travelling at highway speeds on cycling paths, weaving through pedestrian areas, riding on public roads without licence plates or insurance, and tearing through parks and environmentally sensitive areas where motorized vehicles are prohibited.

Many of these machines are capable of 70, 80 or even 100 kilometres per hour. They often have throttles rather than pedal-assist systems, weigh well over 50 kilograms and perform much like a conventional gas-powered motorcycle. Yet some are still being sold in ways that lead buyers to believe they can be ridden almost anywhere without licensing, registration or insurance.

The result has become increasingly obvious. Police agencies across Vancouver Island have dealt with complaints involving reckless riding, excessive speed, noise, property damage and riders fleeing from officers. Conservation officers and park managers have also struggled with illegal use on trails intended for hikers, cyclists and equestrians.

The nub of the whole problem, setting aside the finer regulatory details, like their supposedly restricted speed limits, power outputs and other pieces of essential equipment, is this: When you have no pedals on your electric bike - or you deliberately remove them - you have created yourself a motor vehicle. A motor vehicle running on a road in this province needs things in order to be legal: licensing; insurance; signal lights; a capable braking system, etc. And, most importantly, a tested and certified rider holding a valid driver’s licence.

The concern isn’t simply about breaking rules. It’s about the growing mismatch between the capabilities of these machines and the regulations governing their use. When a vehicle can accelerate faster than many cars but is operated by someone with no motorcycle training, no insurance and no accountability through licence plates, everyone sharing the road or trail assumes additional risk — and cost.

Responsible owners deserve credit. I’m sure many ride legally on private property or have properly licensed their motorcycles where required. They should not be lumped together with those who ignore the rules.

But relying solely on police enforcement after the fact is unlikely to solve the problem. For me, a better approach would begin much earlier at the point of sale. I’ve been on this path before.

Retailers should not be able to market high-powered electric motorcycles in ways that blur the distinction between bicycles and motorcycles. Machines that exceed provincial definitions for electric bicycles should be clearly identified as requiring licensing, registration and insurance before they ever leave the showroom. In my view, British Columbia must examine tighter restrictions on the retail sale of these high-performance electric motorcycles.

Just as there are regulations governing the sale of conventional motorcycles, similar safeguards should exist for electric versions capable of comparable speeds and performance. There is also another consequence that receives far less attention: the burden on British Columbia’s already overstretched health-care system. Serious crashes involving high-powered electric motorcycles can result in life-altering injuries requiring ambulances, emergency physicians, surgeons and lengthy hospital stays.

Every preventable trauma case occupies valuable emergency room resources, operating room time and hospital beds that could otherwise be used for heart attacks, strokes, serious illnesses or victims of unavoidable collisions. With emergency departments across B.C. frequently operating at or beyond capacity, reducing unnecessary injuries should be part of the public policy discussion. Better regulation, clearer rules and more responsible sales practices would not eliminate every crash, but they could help reduce avoidable injuries and ease some of the pressure on a health-care system that can scarcely afford additional demands.

That isn’t an attack on electric transportation. Electric technology is clearly part of the future and offers many benefits when used responsibly. The issue is ensuring that increasingly powerful machines are matched with appropriate training, regulation and accountability.

Technology has advanced far more quickly than legislation. Until the law catches up, communities across Vancouver Island and British Columbia will likely continue experiencing the same complaints, the same enforcement challenges and, unfortunately, the same preventable collisions. Good regulation isn’t about discouraging innovation.

It’s about making sure innovation develops safely — for riders, pedestrians, cyclists and everyone else sharing our public spaces.