Rule changes are being explored as e-scooter, power bike use jumps

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Provincial rule changes could be coming governing micromobility devices such as private e-scooters and power bicycles, with growing concern around their use and traffic safety enforcement in Calgary.  

 A resident report involving an “e-motorcycle” driving through a playground zone with children present in Evanston-Creekside prompted the community association to put together a safety poster for the community to remind them of the rules.

Ward 2 Coun. Jennifer Wyness, that area’s representative, said that there’s a growing concern with the private micromobility options that are gaining popularity among Calgarians, especially youth.

The Evanston Creekside safety poster. WARD 2 WEBSITE

“The e-bikes, or e-dirt bikes, we might as well call them, that are over 500 watts, are classified as mopeds and are supposed to have insurance,” she said.  

“They are not allowed to be driven in parks like they’ve been doing in Evanston. They are not allowed to drive on the 5A path network, they are not allowed to drive on the sidewalks, and yet parents are buying these for their youth, thinking that it is street legal when it is actually a moped.”

(Editor’s note: Power bicycles have a maximum of 500 watts allowed, with a top speed of 32 km/h, and a minimum driver age of 12 years old – plus need pedals. A moped has an electric motor, or has an engine with a displacement of not more than 50cc, and a top speed of 70 km/h, and a minimum driver age of 14 years.)

Over the past two-plus years, the City of Calgary has received 86 service requests related to e-scooters, mostly commonly for speeding or reckless driving.

The City does have rules governing the shared micromobility providers, a program which began in October 2018, including speed limiters. Since 2023, shared mobility data shows 391 account suspensions and 776 customer parking fines issued to date.   

The City of Calgary said that rules for privately owned e-bikes and e-scooters are set primarily through provincial legislation and approvals.

According to the provincial Traffic Safety Act, private e-scooters aren’t supposed to be ridden on public sidewalks or roadways. Further, Calgary’s pathway system has a 20 km/h speed limit, with many of the power-assisted micromobility devices travelling up to 32 km/h. Users can apply for exemptions.

“When you can purchase your own, you can purchase one that goes faster, and therefore it’s not speed limited, which is putting us at greater risk on our pathway networks,” Wyness said.

Enforcement of the rules is a challenge: City

The City of Calgary’s Community Standards said that the emergence of private, high-speed e-scooters, and power-assisted bicycles and fully electric powered bicycles is a growing concern.

“While there are regulations on speed limits and rider behaviour in the Parks & Pathways Bylaw, The Traffic Bylaw, and The Traffic Safety Act, the ability to patrol all park spaces, roadways, and sidewalks to catch offenders breaking these rules presents real enforcement challenges,” read a response from Community Standards to questions posed by LWC.

“The City of Calgary has initiated a review of our bylaws and enforcement response to identify opportunities to improve how we manage this issue.  Considering the growing risk to public safety, we will be prioritizing this work to ensure that we have the right rules in place and the ability to carry out enforcement, so our park and public spaces are safe for everyone.”

The Calgary Police Service said that one of the challenges with e-bikes is that they’re often used on sidewalks and in parks, which makes it the jurisdiction of the city’s bylaw services. If there’s property damage, it could be a criminal matter, CPS said.

Coun. Wyness said the province needs to step up to modernize its legislation. She said it’s not keeping up with the technology available for micromobility.

“(Micromobility devices) aren’t necessarily even sold in stores, and so we need to find a way to regulate, so that when Calgary police pull somebody over, they can actually verify what the wattage or speed this device can go,” she said.

“We’re in this gray area, and so until the province partners with us to make these changes, we are going to be working in a gray area of risk and potentially fatal collisions.”

Many of the device purchases can be made online at sites like Amazon, with noted speeds of 45 to 50 km/h and 800 watts of power.

Alberta Municipalities has also been pushing the province to move on updated micromobility legislation. A resolution adopted in 2023 specifically asked for the province to address the use of private e-scooters beyond public property.

The province said they are pursuing legislative amendments to the Traffic Safety Act to support a modernized transportation system, including support for drivers, commercial carriers and alternative transportation users.  

“As part of these amendments, Alberta is considering a provincial framework to support the safe and consistent use of personal micromobility devices, such as e-scooters and similar small devices, where municipalities enforce and choose to allow them,” they said.

The City of Calgary said it was working with the province on the new framework to ensure that its bylaw changes were aligned with any new provincial rules.

The province did not give a timeline for the introduction of the framework.

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