Bicycle Brakes:

Question: What braking requirements and penalties apply if I’m riding a bicycle on Ontario roadways without a proper rear brake?

Answer: In Ontario, you must ride a bicycle on a highway with at least one brake system acting on the rear wheel that enables the rider to make the braked wheel skid on dry, level and clean pavement under Highway Traffic Act, R.S.O. 1990, c. H.8, s. 64(3)  If you’re charged and convicted, the penalty is the general offence fine because the brake requirement section is silent on specific penalties, so the fine range is $60 to $1,000 under Highway Traffic Act, R.S.O. 1990, c. H.8, s. 214(1)  A conviction can also be treated as a driving offence and may affect your Motor Vehicle Report and insurance rates  For help reviewing your ticket and options across Ontario, contact Olson Craig Legal by phone at (226) 886-2001 with lawyer & paralegals who can guide you quickly and clearly through the next steps.

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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.