Status of “Pocket Bikes” in Canada

Miniature motorcycles, a.k.a. pocket bikes, have suddenly become a major fad. The bikes are small and light enough to carry under the arm, but big enough for an adult to ride. Certain models are being marketed for children as young as three or four years old. They are cheap, at just over $500. They accelerate quickly to speeds of 55 km/h and faster.

The vehicles are not street legal because they do not have VIN numbers and do not meet the safety requirements of a motorcycle. They are quite low to the ground, so motorists may not see them. The riders do not have to be licensed and generally do not wear the proper protective equipment. There have been problems with recklessness in areas where they are used on sidewalks and public roads.

What is the status on the use of these pocket bikes in Canada? The Canada Safety Council received the following information from Transport Canada’s Road Safety and Motor Vehicle Regulation directorate:

“The Motor Vehicle Safety Act (MVSA) was enacted to enable the Governor in Council to make Regulations to ensure the safety of the travelling public. The Act’s mandate is to regulate the manufacture and importation of vehicles and vehicle equipment to reduce the risk of death, injury and damage to property and the environment.

Under the MVSA, all vehicles manufactured or imported into Canada must comply with the applicable Canada Motor Vehicle Safety Standards, and the manufacturer must certify their compliance at the time of main assembly. The Act applies to all vehicles less than fifteen years old and to all buses manufactured after January 1, 1971.

Miniature motorcycles have been imported into Canada for approximately three years now. Historically, these pocket bikes have been used in “closed course competition”, i.e., at go-cart circuits or racetracks.

Depending on the type of equipment provided, pocket bikes can be categorized under the Motor Vehicle Safety Regulations in two ways: they can be defined as either a “competition vehicle ”, or as a “restricted use motorcycle”(RUM).

If these vehicles are classed by the manufacturer as “competition vehicles”, they are not a prescribed class of vehicle under the Motor Vehicle Safety Regulations, and therefore are not regulated by Transport Canada. Section 1-2 of the Motor Vehicle Safety Regulations define a competition vehicle as a vehicle that is designed for use exclusively in closed-course competition, and

(a) bears a label affixed by the manufacturer stating, in both official languages, that the vehicle is a competition vehicle and is for use exclusively in closed-course competition, or

(b) is accompanied by a signed declaration clearly indicating that the vehicle is a competition vehicle and is for use exclusively in closed-course competition.

In the case of a competition vehicle, an importer/manufacturer must be able to show that the vehicle bears the requisite label, or is accompanied by the signed declaration.

If the pocket bike is declared by the manufacturer as a restricted use motorcycle, it is then defined as a vehicle designed primarily for recreational use and is required to bear a label that states in both official languages, that the vehicle is a restricted use motorcycle and is not intended for use on public highways. Restricted use motorcycles are a prescribed class of vehicle under the Motor Vehicle Safety Regulations, are regulated by Transport Canada; and, as such they are required to have a Vehicle Identification Number (VIN), five reflectors, a warning label and a compliance label.

Primarily, Transport Canada regulates safety performance standards for “ON-ROAD” use vehicles. Pocket bikes are designed to be used in a controlled environment; hence, they are not required by Transport Canada to have the same safety features as an on-road motorcycle.

In conclusion, the characteristics of pocket bikes when defined as restricted use motorcycles, and the applicable MVSA requirements, clearly indicate that they are not intended to be used on public roads and competition vehicles should only be driven in closed-course competition. The provinces are responsible for enforcing the on-road use of vehicles.”

For further information:

Transport Canada : Pierre Tremblay, Chief, Audit Inspection and Vehicle Importation, Road Safety and Motor Vehicle Regulation tel. (613) 998-2225

Canada Safety Council : Raynald Marchand, Manager, Traffic Safety & Training
tel. (613) 739-1535, ext. 226

August 20, 2004

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