C-24.2, r. 39.1.2 - Pilot project concerning electric scooters

À jour au 9 septembre 2021

Ce document a valeur officielle.

chapter C-24.2, r. 39.1.2

Pilot project concerning electric scooters

Highway Safety Code

(chapter C-24.2, s. 633.1).

CHAPTER I GENERAL

M.O. 2018-18, c. I.

1. The implementation of the Pilot project concerning electric scooters is authorized for the following purposes:

(1)  the introduction of new technologies while ensuring road safety;

(2)  testing the use of electric scooters on certain public highways;

(3)  gathering information on the use of electric scooters on public highways to assess their integration into road traffic, develop safe traffic rules and set equipment standards for those vehicles.

M.O. 2018-18, s. 1.

2. The administration and assessment of this Pilot project are entrusted to the Société de l’assurance automobile du Québec.

M.O. 2018-18, s. 2.

3. Every electric scooter manufacturer or distributor is authorized to participate in this Pilot project to the extent that the electric scooters have the characteristics described in section 4 and the manufacturer or distributor applies to the Société to register the scooters in the Pilot project.

M.O. 2018-18, s. 3.

4. For the purposes of this Pilot project, “electric scooter” means a one-person motorized scooter ridden while standing up and that has the following characteristics:

(1)  it is equipped with 2 wheels placed on the same longitudinal axis whose rim diameter is not less than 250 mm and a platform not less than 250 mm wide, not less than 300 mm long between the 2 wheels and not more than 150 mm from the ground, and has a wheelbase not less than 1 m;

(2)  it has no seat, surface or structure that could be used as a seat;

(3)  it is equipped with an electric motor of not more than 500 W that allows a maximum speed of 32 km/h and is supplied by a rechargeable battery by connecting to the electric network and with an automatic transmission;

(4)  it is equipped with a handlebar that acts directly on the steerable wheel;

(5)  it is equipped with a brake system that acts independently on the steerable wheel and the back wheel using separate hand levers;

(6)  it is equipped with an emergency stop switch to cut supply to the motor in case of failure of the scooter’s control system;

(7)  it is equipped with 2 turn signals, yellow or white, placed at the front and 2 turn signals, red or yellow, placed at the rear or 2 yellow turn signals, visible from the front and from the rear;

(8)  it weighs not more than 45 kg including the weight of the battery;

(9)  it bears the manufacturer’s compliance label provided for in regulations under the Motor Vehicle Safety Act (S.C. 1993, c. 16) and complies with the standards applicable to a restricted-use motorcycle provided for in those regulations.

M.O. 2018-18, s. 4.

CHAPTER II OBLIGATIONS OF ELECTRIC SCOOTER MANUFACTURERS AND DISTRIBUTORS

M.O. 2018-18, c. II.

5. The electric scooter manufacturer or distributor participating in this Pilot project must affix to electric scooters registered in the Pilot project a label indicating that the scooter is registered in the Pilot project.

The label must be affixed to each side of the scooter.

M.O. 2018-18, s. 5.

6. The electric scooter manufacturer or distributor participating in this Pilot project must provide to the users of electric scooters, at the time they take possession of the scooters, training appropriate to the riding of an electric scooter. The training must include a theoretical component that provides in particular information on the Pilot project and the rules and obligations provided for in this Pilot project that apply to them. The training must also include a practical component.

The practical component of the training may also be provided by a person who was specifically trained for that purpose by the manufacturer or distributor.

The electric scooter manufacturer or distributor must, after the training has been provided, give the users an attestation of their participation in the training.

M.O. 2018-18, s. 6; M.O. 2021-17, s. 1.

CHAPTER III CONDITIONS FOR RIDING AN ELECTRIC SCOOTER

M.O. 2018-18, c. III.

7. Any person may ride an electric scooter on public highways if the person

(1)  is at least 18 years of age or, if not, holds a licence to drive a moped and is at least 16 years of age;

(2)  has received the appropriate training provided for in section 6;

(3)  has with him or her, while riding an electric scooter on public highways, a document certifying that the person participated in the training referred to in the first paragraph of section 6 and, at the request of a peace officer, remits the document for examination.

M.O. 2018-18, s. 7; M.O. 2021-17, s. 2.

CHAPTER IV PROVISIONS APPLICABLE TO THE PILOT PROJECT

M.O. 2018-18, c. IV.

DIVISION I GENERAL

M.O. 2018-18, Div. I.

8. Unless otherwise provided in this Pilot project, the Highway Safety Code (chapter C-24.2) and its regulations applicable to cyclists apply to electric scooter riders, with the necessary modifications.

More specifically, the rider of an electric scooter must wear the safety helmet provided for in paragraph 2 of section 492.2 of the Code and, at the request of a peace officer, allow the peace officer to examine the safety helmet.

In case of conflict, the provisions of this Pilot project prevail over any inconsistent provision of the Code and its regulations.

M.O. 2018-18, s. 8.

9. Unless otherwise provided in this Pilot project, the Highway Safety Code (chapter C-24.2) and its regulations applicable to bicycles apply to electric scooters, with the necessary modifications.

In case of conflict, the provisions of this Pilot project prevail over any inconsistent provision of the Code and its regulations.

M.O. 2018-18, s. 9.

10. The obligations of drivers of road vehicles and of pedestrians with respect to cyclists referred to in the Highway Safety Code (chapter C-24.2) and its regulations also apply with respect to electric scooter riders, with the necessary modifications.

M.O. 2018-18, s. 10.

11. For the purposes of this Pilot project, an electric scooter is excluded from the definition of “road vehicle” provided for in section 4 of the Highway Safety Code (chapter C-24.2).

M.O. 2018-18, s. 11.

DIVISION II OBLIGATIONS IN CASE OF ACCIDENT

M.O. 2018-18, Div. II.

12. Title IV of the Highway Safety Code (chapter C-24.2) applies, except sections 174 and 176, to the rider of an electric scooter involved in an accident, with the necessary modifications.

The rider must call for a peace officer both for an accident in which a person has sustained bodily injury and for an accident that caused property damage.

M.O. 2018-18, s. 12.

DIVISION III ROAD AND TRAFFIC SIGNS AND SIGNALS AND TRAFFIC RULES

M.O. 2018-18, Div. III.

13. An electric scooter registered in this Pilot project is considered to be a bicycle for the purposes of Titles VII and VIII of the Highway Safety Code (chapter C-24.2).

M.O. 2018-18, s. 13.

14. No person may ride an electric scooter on a public highway on which the maximum speed allowed is greater than 70 km/h, unless

(1)  the person crosses the public highway at an intersection;

(2)  the person rides on the roadway of a traffic circle to go from a public highway on which the maximum speed allowed is 70 km/h or less to another; or

(3)  the person uses a cycle lane separated from the roadway and specially laid out to prevent vehicles from crossing over from the roadway to the cycle lane or vice versa, or having that effect.

M.O. 2018-18, s. 14; M.O. 2021-17, s. 3.

15. The person responsible for the maintenance of a public highway may, by means of the proper signs or signals, regulate electric scooter traffic in a cycle lane.

The sign provided for in section 23 of the Pilot project concerning electric scooters for self-service rental (chapter C-24.2, r. 39.1.3), is an appropriate sign or signal.

The sing shown below to the extent that it has been installed before 1 July 2019 is also an appropriate sign or signal for the purposes of this Pilot project. The message of the sign is the same as the message referred to in the second paragraph.

M.O. 2018-18, s. 15; M.O. 2019-12, s. 32.

16. The rider of an electric scooter is prohibited from transporting passengers, pulling a trailer or pulling or pushing any other object.

Despite the foregoing, the rider of an electric scooter may pull a trailer if

(1)  the trailer’s width is 80 cm or less, its height from the ground is 1 m or less, and its length from the coupling device to the rear is 2 m or less;

(2)  the trailer, including its coupling device, is designed specifically for that use and is not made by hand;

(3)  the trailer carries a reflector or a reflective strip, in accordance with subparagraph 4 of the first paragraph of section 232 of the Highway Safety Code (chapter C-24.2);

(4)  the trailer is used without exceeding the towing capability and load capacity established by the electric scooter’s manufacturer or the load capacity established by the trailer’s manufacturer; and

(5)  the width and length of the trailer’s load do not exceed those of the trailer, and the height of the trailer’s load from the ground is 1 m or less.

M.O. 2018-18, s. 16; M.O. 2021-17, s. 4.

17. For the purposes of section 490 of the Highway Safety Code (chapter C-24.2), the rider of an electric scooter must signal the intention to turn by using the turn signals on the scooter.

Despite the foregoing, where the signals are defective, the rider must follow the prescriptions of that section after immobilizing the scooter.

M.O. 2018-18, s. 17.

18. Riding an electric scooter that has undergone modifications so that it no longer has all the characteristics referred to in section 4 is prohibited.

M.O. 2018-18, s. 18.

DIVISION IV OFFENCES

M.O. 2018-18, Div. IV.

19. Every person who contravenes any of sections 7, 14, 16 and 18 commits an offence and is liable to a fine of $200 to $300.

M.O. 2018-18, s. 19.

CHAPTER V GATHERING AND COMMUNICATION OF INFORMATION

M.O. 2018-18, c. V.

20. The manufacturer or distributor of electric scooters registered in this Pilot project must inform the Société of any road accident involving an electric scooter and of any event that jeopardized the safety of the rider of an electric scooter and other road users within 7 days after becoming aware of the fact.

M.O. 2018-18, s. 20.

21. The manufacturer or distributor of electric scooters registered in this Pilot project must send to the Société, not later than 30 days after the end of a quarter, a report containing

(1)  the number of electric scooters registered in the Pilot project;

(2)  a summary of road accidents involving electric scooters registered in the Pilot project;

(3)  the number of complaints received, the subjects of the complaints and the measures taken to remedy the situation; and

(4)  any other element essential for the follow-up and assessment of this Pilot project.

For the purposes of this section, the first quarter begins at the time the electric scooters of the manufacturer or distributor are registered in this Pilot project.

M.O. 2018-18, s. 21.

22. The advertising and promotion of this Pilot project must be authorized by the Société.

M.O. 2018-18, s. 22.

CHAPTER VI MISCELLANEOUS AND FINAL

M.O. 2018-18, c. VI.

23. Section 421.1 of the Highway Safety Code (chapter C-24.2) is suspended for the purposes of this Pilot project.

M.O. 2018-18, s. 23.

24. (Omitted in part).

This Order is revoked on 13 September 2023.

M.O. 2018-18, s. 24; M.O. 2021-17, s. 5.

REFERENCES

M.O. 2018-18, 2018 G.O. 2, 4513

M.O. 2019-12, 2019 G.O. 2, 933A

M.O. 2021-17, 2021 G.O. 2, 3466