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Bicycle Brakes: Must Be Able to Make the Back Tire Skid on Pavement
Question: What are Ontario’s bicycle brake requirements on roadways, and what fines or driving record impacts can apply if I’m ticketed?
Answer: In Ontario, Highway Traffic Act, R.S.O. 1990, c. H.8 requires a bicycle on a highway to have at least one rear-wheel brake that can make the braked wheel skid on dry, level, clean pavement (Highway Traffic Act, s. 64(3)), and if convicted you may face a fine under the general penalty provision (Highway Traffic Act, s. 214(1)) plus applicable surcharges and costs, with the offence potentially appearing on your Motor Vehicle Report and affecting auto insurance. DefendCharges.ca is an Ontario paralegal service that can review the ticket, evidence, and possible defences, and guide you through resolution options such as early resolution or a trial.
Understanding the Braking Requirements for Bicycles Operated Upon Roadways Including Potential Penalties
Many bicyclists may be surprised to learn that many traffic laws apply specific to bicyclists; including, among others, the requirement that a bicycle have a braking system capable of making the rear tire skid on dry, level, and clean pavement. If charged convicted, a bicyclist will have the charge applied to the driving record (Motor Vehicle Report) of the bicyclist.
The Law
The requirement that a bicycle must have a braking system capable of leaving a skid mark is prescribed per section 64(3) of the Highway Traffic Act, R.S.O. 1990, c. H.8. The applicable penalty upon conviction for a violation is found at section 214(1) of the Highway Traffic Act as section 64(3) is silent about, meaning failing to state, the penalty details. Specifically, section 64(3) and section 214(1) of the Highway Traffic Act state:
Brakes on bicycle
64 (3) No person shall ride a bicycle on a highway unless it is equipped with at least one brake system acting on the rear wheel that will enable the rider to make the braked wheel skid on dry, level and clean pavement.
General penalty
214 (1) Every person who contravenes this Act or any regulation is guilty of an offence and on conviction, where a penalty for the contravention is not otherwise provided for herein, is liable to a fine of not less than $60 and not more than $1,000.
Accordingly, per the general penalty stated within section 214(1) as is shown above, the fine for operating a bicycle without a brake capable of causing the rear tire to skid on dry, level, and clean, pavement is in a range from sixty ($60) dollars to one thousand ($1,000) dollars. Additional penalties will include the statutory victim surcharge plus court cost. Furthermore, although such a charge involves operation of a bicycle, upon a conviction the bicyclist will have the conviction regarded as a driving offence which may result in consequences to automobile insurance rates.
Summary Comment
Operating a bicycle without a proper braking mechanism is risky to the bicyclist and others; and accordingly, the law forbids doing so and imposes a fine of up to one thousand ($1,000) dollars upon a finding of guilty when a bicyclist is charged and convicted.
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