DATE: January 13, 2014 REPORT NO. CD TYPE OF REPORT: CONSENT ITEM [ ] ITEM FOR CONSIDERATION [ X ]

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1 DATE: January 13, 2014 REPORT NO. CD TO: FROM: Chair and Members Committee of the Whole Community Services Gregory Dworak, General Manager Community Services 1.0 TYPE OF REPORT: CONSENT ITEM [ ] ITEM FOR CONSIDERATION [ X ] 2.0 TOPIC: Regulation of Electric Assisted Vehicles on City Trails 3.0 RECOMMENDATION: A. THAT Staff Report CD , The Regulation of Electric Assisted Vehicles on City Trails BE RECEIVED, and B. THAT the prohibition of assisted bikes (e-bikes) on the City s multi use trail network and within park pathways, as outlined in Staff Rerport CD , BE APPROVED; and C. THAT amendments to the current Parks bylaw to include the prohibition of e-bikes on City multi use trails and pathways BE PLACED on an upcoming City Council agenda. 4.0 PURPOSE: To provide City Council with advice regarding the regulation of electric assisted vehicles in City parks and trails. 5.0 BACKGROUND: At its meeting of April 26, 2012, City Council adopted the following resolution:

2 Date: January 13, 2014 Page 2 WHEREAS conflicts of usage are evident between electric powered vehicles, pedestrians, cyclists and motor vehicles; and WHEREAS current legislation fails to speak adequately to the operation of electric powered vehicles; NOW THEREFORE BE IT RESOLVED THAT staff BE DIRECTED to prepare a report outlining: (i) current legislation relating to electric powered vehicles; and (ii) potential for municipal legislation to regulate the operation of electric powered vehicles. At its meeting of March 25, 2013 City Council referred report (LO ) Regulation of Electric Powered Vehicles through the following resolution; THAT Report LO regarding the Regulation of Electric Powered Vehicles BE REFFERED to the Acting Assistant Director of Parks, the Parks, Recreation and Waterfront Advisory Committee and the Multi Use Trails/Bikeways Advisory Committee for comment. 6.0 STRATEGIC PLAN CONTEXT: Brantford s Community Strategic Plan Goal #1 High Quality of Life & Caring For all Citizens 7.0 INPUT FROM OTHER SOURCES: Staff met with the Parks and Recreation Waterfront Advisory Committee as well as the Multi-Use Trails/Bikeway Advisory Committee, outlining to each committee the task that was to be undertaken regarding e-bike use on City trails and presenting them with a copy of report LO for review. Staff from the City s Legal Department met with the Parks and Recreation Waterfront Advisory Committee to outline the scope of the report and explain the mandate that has been referred to them regarding the use of e- bikes on City trails. Staff consulted with staff from the County of Brant on the use of e-bikes on County trails. The County has yet to investigate this concern and has not changed or introduced bylaws to prohibit their use at this point in time. Staff indicated that the presence of e-bikes using County trails is currently limited in comparison to the City of Brantford. Staff also met with staff from Risk Management. Their comments are outlined later in this report.

3 Date: January 13, 2014 Page Multi Use Trail and Bikeway Advisory Committee The following resolution was approved by the Multi Use Trails and Bikeways Advisory Committee at their meeting of Thursday September 19 th, THAT the electrical powered bikes not be prohibited from using our trail network; and THAT the Multi-Use Trail and Bikeways Advisory Committee encourages further education to all trail users on the safe use and proper etiquette on our trail network. 7.2 Parks and Recreation and Waterfront Advisory Committee The following resolution was approved by the Parks and Recreation Waterfront Advisory Committee at their meeting on January 6, TO support the staff report. 8.0 ANALYSIS: 8.1 Current Parks Bylaws The following Park bylaws from Chapter 420 of the City of Brantford Municipal Code are currently used to regulate the use of bikes and motorized vehicles in City Parks Vehicle defined Vehicle includes a motor vehicle as defined under the Highway Traffic Act, as amended and means a snowmobile, go-kart, mini bike, all - terrain vehicle, or similar vehicle, propelled or driven by an internal combustion engine Speed limit maximum No person shall operate any vehicle on a roadway in a park or on property at a speed in excess of the posted limit or where not posted a maximum speed in excess of 20 kilometers per hour (12 miles per hour) Snowmobiles ATV motorcycles prohibited

4 Date: January 13, 2014 Page 4 No person shall, within parkland or property, drive a motorized snow vehicle, all terrain vehicle (ATV) or motorcycle Bicycle use limitations No person shall ride a bicycle within parkland or property, except on portions of a highway or bicycle paths commonly intended for the public use Bicycle speed limit pedestrian encounter No person owning or operating a bicycle shall allow such bicycle to exceed a speed of eight kms per hour (five miles per hour) within the parkland or property. At places of frequent pedestrian usage, all cyclists are required to dismount and walk their bicycles for public safety. 8.2 Personal Mobility Devices As personal mobility devices, as outlined in Report LO (Regulation of Electric Powered Vehicles) are intended for use by individuals whose mobility is restricted and are recognized as an extension of their physical body and recognized as pedestrians under the Highway Traffic Act, staff recommend that these devices continue to be permitted within all park properties including sidewalks, multi use trails and all other common areas. 8.3 E-bikes The use of e bikes is not formally regulated on the City s multi use trail system including trails within the City core and those along the Grand River as these bikes do not meet the definition of a vehicle under the Highway Traffic Act. Due to the recent increased usage and popularity of e-bikes, numerous versions of e-bikes are being used within the City of Brantford. These devices have not been included in City parks bylaws. The introduction of the electric bicycle in the City is a very recent event. All existing park bylaws governing the use of vehicles on park property have been intended for vehicles with internal combustion engines. Accounting for the current bylaws and regulations, it is difficult to determine where e-bikes actually are governed. They currently meet the definition of a bike because they contain pedals and can be controlled through muscular power. Staff receives regular concerns from trail users regarding the use of motorized vehicles on City trails, these complaints include ATV s, dirt bikes, snowmobiles and e-bikes. The e-bike concerns generally relate to the surprise factor the trailer user is exposed to. Trail users, often pedestrians, state that they are startled when over taken by e-bikes due to the lack of an audible warning of the approaching vehicle.

5 Date: January 13, 2014 Page 5 Concerns regarding the use of e-bikes on the multi use trail system include the following: 1. Speed at which the vehicles regularly travel, 2. The combined weight of the bicycle and the rider. 3. The difficulty in hearing the vehicles approach. 4. E-bikes are seldom pedaled and seem to mostly be under the power of the electric motor. 5. The City trails were not originally designed for these type of vehicles and in some areas the trail width could cause concern when e-bikes over take or pass alongside pedestrians, strollers, inline skaters or other cyclists. 6. Trail design and surfacing in some areas is not designed to support the excessive weight up to 200 kg or the speeds of 32kms per hour. 7. Some e-bike models are also much wider than a conventional bicycle and therefore occupy greater space along the width of trail making passing problematic. 8. Enforcement of bylaws, including speed restrictions, number of passengers and safe operation. 9. Use of e- bikes after night fall on trails and pathways. The potential risk of an accident between e-bikes and other trail users increases when all factors are considered. 8.4 Regulations Some municipalities in the province have decided to permit the use of e-bikes on their multi use trails and within parks, but restricting the use to simply muscular power. As such the electric motor on the bike may not be engaged while operating on trails or pathways. Staff suggests that permitting this usage could become problematic as enforcement becomes subjective based on whether the bike is being powered by an electric motor or pedaled. Other municipalities have simply decided to prohibit the use of e-bikes on their multi use trails and require the bikes to travel in the roadway or other recognized bike lanes. Staff is of the opinion that this approach would prove more efficient and would limit e-bike usage to City streets. This limitation would permit travel throughout the City utilizing City streets through share the road and bike lanes. Speeds in these areas would be comparable and would reduce the risk of potential accidents with pedestrians on sidewalks or trails. Staff constantly struggles with the enforcement of park bylaws that restrict motorized vehicles, such as motorcycles, ATV s and snowmobiles in City parks and trails due to the nature of the vehicles and lack of proper enforcement. The addition of e-bikes such as the one picture below will only add to the confusion regarding the use of vehicles on City trails as this vehicle appears to be more of

6 Date: January 13, 2014 Page 6 a scooter then a bicycle, when in fact it is an e-bike. This confusion may cause users of motorcycles to believe they are also permitted to use the trail system. The use of e-bikes is a popular means of transportation in the City and can be seen regularly along pathways such as the Wayne Gretzky Parkway, Veterans Memorial Parkway and other such routes that incorporate road side recreational paths. These areas serve not only as recreational pathways but in some cases a means for pedestrians to move within the City or adjoining neighbourhoods. The combination of mechanical devices in the same areas as pedestrians will certainly increase the risk to trail users with an increased potential for accidents and potential litigation against the City. Although both Advisory Committees have recommended permitting e-bikes on City trails, staff cannot support their recommendations and support that e-bikes should be restricted for the reasons outlined in this report. 8.6 Risk Management Concerns The uses of these types of devices on City trails present a conflict between the user groups of the trail system. The devices do not fall under the Highway Traffic Act as motor vehicles but are excluded as long as they comply with regulations which include such things as: Has a maximum weight of 120 kg (includes the weight of bike and battery); It is incapable of providing further assistance when the bicycle attains a speed of 32 km/h on level ground, It is unreasonable to assume that e-bike users will adhere to current speed limit regulations of eight km per hour and conflicts with trail users may be more problematic due to the possible speeds available to these devices. In addition, you will note the weight specifications for these devices and as such, the trail environment is not always paved surfaces. There are a number of surfaces which are not conducive to this type of device. The riders could be faced with loose gravel conditions at speeds of 32 kms per hour as well as trails

7 Date: January 13, 2014 Page 7 not specifically designed to support 120km machine plus the weight of the rider which will damage the surface condition under damp or wet conditions. Accordingly, staff is of the opinion that this conflict between the two user types should not be permitted as the designation of a recreational trail is not complementary with e-bikes and the associated speeds for which they present. The City of Brantford has already dealt with issues in the past involving excessive speeds for cyclists on trails and the resulting damages. By not permitting e-bikes, which can result in excessive speeds on trails, the City can maintain its current recreational environment. 9.0 FINANCIAL IMPLICATIONS: The main financial impact of permitting e-bikes to operate on City trails and pathways would be related to the enforcement of the bylaw. Current levels of enforcement on the City s trail system are seasonal, occurring only between May 1 st until Labour Day. Enforcement of these bylaws on a yearly basis would involve additional costs, which are unknown at this time. Costs are foreseen to increase if based on the current level of bylaw enforcement. The permitting of e-bikes on City trails would require the installation of additional signs in areas which pose unusual risk to riders and pedestrians as the expected speed of the devices may dictate special attention. Staff do not foresee any additional operational costs as a result restricting e-bike use on City trails and park pathways CONCLUSION: Considering the potential concerns associated with permitting both electrically power assisted bicycles and pedestrians or other trail users in close proximity to each other while using the City s multi use trail network and the potential accidents, conflicts and claims that could arise, staff recommends that the use of e-bikes be prohibited on City multi use trails, including trails along the Grand River and associated natural areas, within City parks and park pathways. Staff also recommends that the Park bylaws be amended to include these restrictions. Brian Hughes Director of Park Services Gregory Dworak, General Manager Community Services

8 Date: January 13, 2014 Page 8 In adopting this report, is a bylaw or agreement required? If so, it should be referenced in the recommendation section. Bylaw required [ x ] yes [ ] no Agreement(s) or other documents to be signed by Mayor and/or City Clerk [ ] yes [ x ] no Is the necessary bylaw or agreement being sent concurrently to Council? [ ] yes [ x ] no