Bicycle Brakes:

Question:Can a paralegal help me if I’m charged for riding a bicycle without the required brakes in Ontario?

Answer:Yes, Ajodhia Legal Services can help you understand the braking requirement for bicycles on Ontario roadways, including the rule that a bicycle must have at least one brake system acting on the rear wheel that enables the rider to make the braked wheel skid on dry, level and clean pavement under Highway Traffic Act, R.S.O. 1990, c. H.8 at section 64(3).   If you are convicted, the applicable penalty is based on the general offence provision in Highway Traffic Act, R.S.O. 1990, c. H.8 at section 214(1), which can mean a fine from $60 to $1,000 plus the victim surcharge and court costs, and the conviction may appear as a driving-related record item for insurance purposes.   If you want guidance on next steps, evidence, and how to respond to the charge, call (647) 882-8205 to book a consultation with Ajodhia Legal Services.

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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.

Note: Please contact Ajodhia Legal Services by phone at: (647) 882-8205 to discuss any specific questions that you may have.

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.