Bicycle Brakes:

Question: What are Ontario’s braking requirements for bicycles on roadways, and what penalties apply if I’m convicted?

Answer: Vagans Legal can help Ontario bicyclists understand the braking rules and what happens after a ticket, including that under the Highway Traffic Act, R.S.O. 1990, c. H.8, s. 64(3), a bicycle must have at least one brake system acting on the rear wheel that can make the braked wheel skid on dry, level, and clean pavement.   If you’re charged and convicted for contravening this requirement, the penalty is governed by the Highway Traffic Act, R.S.O. 1990, c. H.8, s. 214(1), which sets a fine range of not less than $60 and not more than $1,000, plus victim surcharge and court costs, and the conviction can also affect your driving record and potentially impact auto insurance rates.   For quick guidance on your specific situation and next steps in Ontario, call (416) 473-8472.

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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.