CASE LAW - Motor Vehicle or Motorized Bicycle?

This one is a bit different as the case law comes out of Ontario, although the same principles would apply equally well here in BC. Ricky Pizzacalla was riding a motorized bicycle while prohibited. He was charged criminally and convicted. The case went all the way to the Ontario Court of Appeal where leave to hear the appeal was denied.

The court held that because the pedals were not attached to Pizzacalla's ride, it was clearly a motor vehicle and not a bicycle. This is one more thing to consider before you remove the pedals and run afoul of the law. In my experience, this is commonly done these days. While most riders don't do so while impaired, they cannot licence and insure what has become a motor vehicle so they risk expensive tickets for the violations.

Link:

• CanLii Connects - R v Pizzacalla