Electric Wheelchairs and Mobility Scooters

Effective on June 3, 2024 a new division called Electric Wheelchairs and Mobility Scooters has been added to the Motor Vehicle Act Regulations. Division 38A defines the terms "electric wheelchairs" and "mobility scooters," designates them as personal mobility devices and creates an offence for operating them dangerously.

Electric Wheelchairs & Mobility Scooters

38A.01 In this Division:

"electric wheelchair" means a wheelchair that

(a) is designed and manufactured to transport persons who have limited mobility as a result of a permanent or temporary disability that makes it impossible or difficult to walk,

(b) has an electric motor that is not capable of propelling the device at a speed exceeding 25 km/h when the device is being operated on a clean, paved and level surface, and

(c) meets the criteria set out in section 182.01 (2) (a) to (c) [designated personal mobility devices] of the Act;

"mobility scooter" means a scooter that

(a) is designed and manufactured to transport persons who have limited mobility as a result of a permanent or temporary disability that makes it impossible or difficult to walk,

(b) has an electric motor that is not capable of propelling the device at a speed exceeding 25 km/h when the device is being operated on a clean, paved and level surface, and

(c) meets the criteria set out in section 182.01 (2) (a) to (c) [designated personal mobility devices] of the Act.

Dangerous Operation

38A.04 (1) A person must not operate an electric wheelchair or mobility scooter on a highway

(a) without due care and attention, or

(b) without reasonable consideration for other persons using the high way.

(2) A person who contravenes subsection(1) (a) or (b) commits an offence.

The penalty for this offence was not contained in the latest amendments to the Violation Ticket Administration & Fines Regulation. Unless otherwise specified, the fine would be $109.

Operator is a Pedestrian

Operators of electric wheelchairs or mobility scooters are considered to be pedestrians.

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