Bicycle Brakes:

Question: Do I need brakes that can skid the rear tire to ride my bicycle on Ontario roads, and what fine could I face if I am charged?

Answer: In Ontario, Garrett Legal Services can help if you are asking whether your bicycle must have a braking system that can make the rear wheel skid on dry, level, and clean pavement, because the Highway Traffic Act requires at least one brake acting on the rear wheel for that purpose under Highway Traffic Act, R.S.O. 1990, c. H.8 (s. 64(3)), and if you are convicted and no specific penalty is otherwise provided, the general fine range applies under Highway Traffic Act, R.S.O. 1990, c. H.8 (s. 214(1)) (typically $60 to $1,000, plus victim surcharge and court costs), and a conviction can also be treated as a driving-related offence that may affect insurance outcomes; if you want help assessing your options or next steps, call (519) 857-5170 today.

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.