A high-ranking officer with the Windsor Police Service admits the laws governing the use of e-bikes can be confusing.

Under the Criminal Code, the definition of a "motor vehicle" does include an e-bike, and anyone operating an e-bike intoxicated could be charged for impaired driving. If convicted, the offender would be subject to the Criminal Code penalties, including a fine or jail time, and a driving prohibition.

However, under Ontario's Highway Traffic Act, an e-bike is not classified as a motor vehicle, so penalties for impaired driving under the act would not apply.

'It's somewhat confusing to the motoring public.'— Windsor police Sgt. Michael Kelly

"It's somewhat confusing to the motoring public in that the definitions cross over one another a little bit," said staff Sgt. Michael Kelly of the Windsor Police Service's traffic division.

"If something has pedals on it, and you're using it with pedals, it doesn't fall under the definition of a motor vehicle in the Criminal Code," Kelly said.

However, anything powered by anything other than "muscular power" is a motor vehicle, Kelly said. That includes motorized wheelchairs.

Brian Tucker has owned Scoot Along Windsor for six years and sells e-bikes.

Tucker said he tells people an e-bike is a bicycle first, motorized vehicle second.

"We try and tell people they are a bicyle. And the rules of the road apply to a bicycle," Tucker said.

He said people with suspended driver's licences have come in to buy an e-bike in place of their car, which can't be driven with a suspended licence.

"We suggest to them they go talk to their lawyer," Tucker said.

E-biker blows three times legal limit, police say

Just on Saturday, police suspected a man riding an e-bike erratically was impaired.

Windsor police say they pulled the 40-year-old over on Erie Street near Howard Avenue after following up on a citizen complaint.

The man allegedly blew three times the legal limit on a breathalyzer. He was arrested but has not been formerly charged.

Police said he faces a charge of impaired driving.

Acting Windsor police chief Al Frederick said the man had a suspended driver's licence.

"That may be why he was driving an e-bike, thinking he was circumventing [the law] by still getting around on a motor vehicle," Frederick said.

Kelly said people are not educating themselves about e-bikes and the laws governing them before they buy or ride them.

'E-bike operators are not following the rules of the road.'— Acting Windsor police chief Al Frederick

It's become so bad in Windsor, the police created a separate section on their website where the laws and rules are posted.

Frederick said e-bikes are causing problems and confusion at the municipal level.

"E-bike operators are not following the rules of the road," Frederick said.

He said e-bike operators are running stop signs and stoplights and riding on sidewalks.

"They’re creating hazards for other motor vehicles and people on the streets and sidewalks, which is absolutely unacceptable," Frederick said.