Bicycle Brakes:

Question: What fine or penalty could you face in Ontario for riding a bicycle without a brake system that can skid the rear wheel on dry, level, clean pavement?

Answer:   Off the Hook Paralegal can help Ontario bicyclists understand and respond to braking-related charges under the Highway Traffic Act, including the requirement in Highway Traffic Act, R.S.O. 1990, c. H.8 section 64(3) and the general conviction fine range in Highway Traffic Act, R.S.O. 1990, c. H.8 section 214(1), which provides a fine of not less than $60 and not more than $1,000, plus the victim surcharge and court costs, and a conviction may also show up on your driving record and affect insurance rates, so if you’ve been issued a ticket or are preparing for a traffic matter, call (519) 253-4665 to speak with a paralegal about practical next steps and case-focused advocacy across Ontario.

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:

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.