Pocketbikes in Winnipeg - The law - PocketBikeForum.com

Admin · 05-08-2006, 04:12 PM

I spoke with a number of officers and some people from the traffic division. There was no clear cut answer to my questions. However I can tell you that they did clear up one item for me. Since a pocketbike can NOT be registered, they can not charge you with driving an unlicensed vehicle.

Saying that, you're a bit better off. But here's the bad news.

Quote:

Operation of off-road vehicles on highways

Certain operations prohibited

32(1) No person shall operate an off-road vehicle

(a) on privately owned land without the express or implied consent of the owner or lawful occupier of the property;

(b) on Crown land allocated by lease or permit, without the express or implied consent of the lawful occupier of the property, unless the operator is otherwise lawfully authorized to enter such land;

(c) within 30 m of a dwelling between the hours of twelve midnight and seven o'clock in the morning, unless the dwelling is located on the operator's own property or property under the operator's control or as an invited guest; or

(d) within 30 m of a playground, or area set aside for other recreational use, unless the area is enclosed or fenced or unless the off-road vehicle is required for the maintenance or operation thereof.

Operation in parking lots

32(2) No person shall operate an off-road vehicle in a parking lot unless it is used to gain access

(a) to or from an off-road vehicle use area; or

(b) to the vehicle used to transport the off-road vehicle to an off-road vehicle use area.

33(1) Except as may be authorized under another provision of this Act or under the regulations, no person shall operate an off-road vehicle

(a) upon or across a roadway or the shoulder thereof;

(b) on or across the median of a divided highway;

(c) on the right-of-way of an interchange; or

(d) on or across a sidewalk.

General offences and penalties

67(1) A person who contravenes a provision of this Act or the regulations, or of a by-law passed under the authority of this Act, for which a penalty is not otherwise provided is guilty of an offence and is liable on summary conviction to a fine of not more than $2,000.

This quote is from the Off Road Vehicles Act of Manitoba. Essentially it says no off road vehicle (trike, quad, snowmobile, mini-bike, dirt-bike, trail-bike etc) which would include pocketbikes, can travel on streets, highways or sidewalks. If you are caught doing this there can be a fine of up to $2000.

Of course you should also be aware that riding on crown land or private property can also get you charged with tresspassing.

Quote:

Trespassing offence

1(1) Subject to subsections (2), (3), (4) and (5), any person

(a) who unlawfully enters or in any way trespasses upon lands or premises that are the property of another and are wholly enclosed; or

(b) who enters or in any way trespasses upon lands or premises that are the property of another and are not wholly enclosed, after being requested by the owner, tenant or occupier not to do so, or who, having entered the lands or premises or committed the trespass, refuses to leave upon being requested by the owner, tenant or occupier to do so;

is guilty of an offence, whether or not any damage has been occasioned by the entry or trespass, and is liable on summary conviction to a fine of not more than $5,000.

It's not worth it, don't take your chances riding on the streets!

frikin_bike! · 05-08-2006, 07:38 PM

where I live (Portage la Prairie), I heard and seen that the RCMP is letting people ride them on streets but not on the main stretch. Its crazy, but I can see why. we don't have cops here he have people driving the cars but thats about it, you could pee on the street and they would smile and wave. ya, some kid got a warning from the RCMP not to ride on the main stretch. Thats some crazy stuff

risky · 05-08-2006, 10:53 PM

actually I know someone that got a ticket from riding it on the street of winnipeg. He was charged $150 for it. So its not worth it. But out here in my little town. Everyone rides their toys whenever and however they wanted. Not one complaint from anyone.
Its the beauty of living outside winnipeg.

Admin · 05-09-2006, 10:15 AM

These are Manitoba laws, so they are applicable anywhere. However outside the city police are typically much more lenient.

counterfit_zero · 06-03-2006, 03:58 AM

admin thanks for the posting of the law. thats basically what the pigs told me yesterday. You Need to clear up one thing for me: Are they Allowed to take the bike if u get caught? I'm Pretty sure they arent allowed to. As said earlier, its a non-registerable vehicle and i think theres no law condoning the confiscation of such things in Manitoba. Prove me wrong guys, prove me wrong.

Admin · 06-03-2006, 10:57 AM

Others in Manitba have had their pocketbikes confiscated. But I'll try and do some research and see what I can find.

Admin · 06-03-2006, 11:18 AM

Here we go, from the Drivers and Vehicles Act of Manitoba

Quote:

Detention of motor vehicle by peace officer

115(1) A peace officer who has reason to believe that an offence has been committed by means of, or in relation to, a motor vehicle may detain the vehicle for five clear days, but the vehicle may be released sooner

(a) if security for its production is given to a justice's satisfaction; or

(b) the justice is satisfied, by a certificate signed by a qualified mechanic, that the motor vehicle complies with the requirements set out in clauses 204(1)(a), (b), (d), (e) and (f) of The Highway Traffic Act.

Order extending period of detention

115(2) When a motor vehicle has been detained under subsection (1) and it is required

(a) as evidence in a prosecution for an alleged offence under this Act, The Highway Traffic Act or The Off-Road Vehicles Act, or an alleged offence under the Criminal Code (Canada), committed by means of, or in relation to, a motor vehicle or off-road vehicle;

(b) for further investigation related to an offence described in clause (a); or

(c) the owner has failed to provide a justice with a certificate signed by a qualified mechanic as provided for in clause (1)(b);

a peace officer may apply to a justice for an order to continue the detention of the motor vehicle beyond the period prescribed in subsection (1). The peace officer making the application must provide the justice with full particulars of the reasons for continuing the detention of the motor vehicle.

Quote:

116(6) Costs and charges incurred in moving or storing a vehicle under this section, are a lien on the vehicle that may be enforced under The Garage Keepers Act by the person who moved or stored the vehicle at the request of the peace officer.

Just to assauge some questions which might arise from the above description

Quote:

"vehicle" means a device, in, upon, or by which a person or thing is or may be transported or drawn upon a highway

but does not include

(a) a device designed to be moved solely by human muscular power or used exclusively upon stationary rails or tracks, or

(b) a motorized mobility aid; (« véhicule »)

So the answer is yes, they can seize your bike for a minimum of 5 days (and may apply for more time which I didn't post here) and you need to pay the impound and transport/towning fees.

aussie09 · 08-28-2006, 09:35 PM

so with all this law being quoted, how do you get around it when you organise races etc???

Admin · 08-28-2006, 10:11 PM

Don't race on the street, it's that simple. Race where you have permission and it's organized.

suicidal_rider · 08-28-2006, 10:12 PM

only a fine of 150, i got a fine of 500! and they told me my license would go up, and they confuscate my bike, but thats after around 5 or 6 warnings! lol

05-08-2006, 10:53 PM	#3 (permalink)
risky Pocketbike Master Join Date: Oct 2005 My Gallery Location: Winnipeg Posts: 159	actually I know someone that got a ticket from riding it on the street of winnipeg. He was charged $150 for it. So its not worth it. But out here in my little town. Everyone rides their toys whenever and however they wanted. Not one complaint from anyone. Its the beauty of living outside winnipeg. __________________ <<<He, who dies with the most toys - wins!!>>> Love the smell of burnt rubbers.

06-03-2006, 03:58 AM	#5 (permalink)
counterfit_zero Decent Rider Join Date: May 2006 My Gallery Posts: 21	i need a lawyer admin thanks for the posting of the law. thats basically what the pigs told me yesterday. You Need to clear up one thing for me: Are they Allowed to take the bike if u get caught? I'm Pretty sure they arent allowed to. As said earlier, its a non-registerable vehicle and i think theres no law condoning the confiscation of such things in Manitoba. Prove me wrong guys, prove me wrong.

08-28-2006, 10:12 PM	#10 (permalink)
suicidal_rider Pocketbike Lord Join Date: Apr 2006 My Gallery Real Name: Jared Frizell Pocketbikes Owned: 4 Location: winnipeg, manitoba Posts: 722	only a fine of 150, i got a fine of 500! and they told me my license would go up, and they confuscate my bike, but thats after around 5 or 6 warnings! lol __________________ BigBone rider TeamRiverCity Rider Smra 40cc class winner I guess I had an overall finish of 3rd in the 40cc class(Pitster PRO) BUT ONLY CAUSE OF THE TEAM!

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05-08-2006, 07:38 PM	#2 (permalink)
frikin_bike! Moderator One of the good guys Join Date: Jan 2006 My Gallery Real Name: Jeremy Pocketbikes Owned: 3 Location: RM of Portage la Prairie, mb Posts: 940	where I live (Portage la Prairie), I heard and seen that the RCMP is letting people ride them on streets but not on the main stretch. Its crazy, but I can see why. we don't have cops here he have people driving the cars but thats about it, you could pee on the street and they would smile and wave. ya, some kid got a warning from the RCMP not to ride on the main stretch. Thats some crazy stuff

08-28-2006, 09:35 PM	#8 (permalink)
aussie09 Decent Rider Join Date: Aug 2006 My Gallery Real Name: Robert Pocketbikes Owned: 1 Location: winnipeg Posts: 20	so with all this law being quoted, how do you get around it when you organise races etc???