Bicycle Brakes: Must Be Able to Make the Back Tire Skid on Pavement

Question: What are Ontario’s bicycle brake requirements on roadways, and what fines can apply if my rear brake can’t make the wheel skid?

Answer: In Ontario, Highway Traffic Act, R.S.O. 1990, c. H.8, section 64(3) requires a bicycle ridden on a highway to have a rear brake that can make the braked wheel skid on dry, level, clean pavement, and a conviction can be fined under Highway Traffic Act, R.S.O. 1990, c. H.8, section 214(1) (generally $60 to $1,000) plus applicable surcharges and costs, and may appear on your driving record.   Vagans Legal provides Ontario paralegal services to help review the charge, assess disclosure, and build a strategy to seek withdrawal, reduction, or a better outcome in traffic court.

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.