Using E-bikes to hunt sheep

[Highlander Hunting]

Hey all, if any of you are curious about using e-bikes for hunting, there is a new episode of Highlander Hunting Podcast that we talk about exactly that. We used fat tire e-bikes to access our sheep hunting spot.
It's a game changer for certain areas here in Alberta where they're shutting down OHV access.

Hope you enjoy.
www.highlanderhunting.podbean.com
Highlander Hunting on Itunes and Google Play.

Cheers.
John

[swampthing]

I think here in BC an e-bike is also not allowed in motor vehicle restricted areas. The electric motor is still a motor. I am not 100% sure about this though?

[Mtn Wonderer]

I Think E bikes are considered offroad MV, in the regs.
I just was in the East koots a week back and the sign said horse back or on foot only.

[Darksith]

motor is a motor.

[TexasWalker]

Power assisted bikes are not considered motorized vehicles.

[steepNdeep]

Looks like electric motors are ILLEGAL in BC in road closures. You could attach a kite to your mountain bike, tho'... lol They can be used where you can use an ATV or dirt bike.

Here is the definition from the REGS:

Motor Vehicle - means a device in, on or by which a person or thing is being or may be transported or drawn, and which is designed to be self propelled, and includes an ATV or snowmobile, but does not include a device designed to be moved by human, animal or wind power; a device designed to be used exclusively on stationary rails or stationary tracks; or a boat propelled by motorized power.

[PKernohan]

They way I read that, an Ebike is perfectly legal. As long as the bike has the pedals attached your fine, as the bike is designed to be moved by a human, the motor is merely an assist.

Same thing with those cheap electric scooters that you see crackheads often cruising around on. As long as they leave the pedals attached to them they can cruise around the roads using bike lanes and they don't need to be licensed. Take the pedals off however and It's now technically a motor vehicle.

[Dannybuoy]

Looks like electric motors are ILLEGAL in BC in road closures. You could attach a kite to your mountain bike, tho'... lol They can be used where you can use an ATV or dirt bike.

Here is the definition from the REGS:

Motor Vehicle - means a device in, on or by which a person or thing is being or may be transported or drawn, and which is designed to be self propelled, and includes an ATV or snowmobile, but does not include a device designed to be moved by human, animal or wind power; a device designed to be used exclusively on stationary rails or stationary tracks; or a boat propelled by motorized power.

Huh ? It says does NOT include a device designed to be moved by human ...... an e- assist bike will just sit there if you don't pedal .

[Ron.C]

This subject was just beat to death in another thread. But as per most other topics, people have varying opinions and lots of "this person told me", and I heard from a CO that.." type of answers.

I sent my original email to the Conservation Officer Service and guess what, they forwarded my question to a Policy Analyst that is employed by the Ministry of Forests, Lands, and Natural Resource Operations.

Read the response below and it is clear that this is a legal grey area. That said, take note of the analysts interpretation. You may very well use your ebike and get away with it in a VCA, but you may also find yourself standing in-front of a judge being the first one charged.


__________________________________________________ __________________________________________
From: RON XXXXX
Sent: Friday, August 4, 2017 6:38 AM
To: Conservation Officer Service ENV:EX
Subject: Definition of a Motor Vehicle (E-Bikes in Vehicle Closure Areas)



Good Morning,

Could you please provide me with some clarification on the definition of Motor Vehicle in the BC Hunting and Trapping Synopsis. More specifically, how battery powered E-bikes/scooter are interpreted under this definition.

Is a mountain bike that has a battery pack/electric motor or "e-bike" fall under the definition of a motor vehicle? And can they be used inside Vehicle closed areas? These bikes can be propelled by human pedal power or propelled solely by an electric motor. The same question for battery powered scooters that can be propelled by pedals?

I frequently backpack or mountain bike into vehicle closure areas to access backcountry hunting and I'd like to find out the correct interpretation and not speculate.

Very much appreciated

Ron CrXXX




Hello Ron,

Thank you for your email dated August 4, 2017, regarding the use of E-bikes within areas where the operation of motor vehicles are restricted. Your enquiry has been forwarded to me for response.

In the provincial Wildlife Act a Motor Vehicle is defined as:

"motor vehicle" means a device in, on or by which a person or thing is being or may be transported or drawn, and which is designed to be self propelled, and includes an atv or snowmobile, but does not include
(a) a device designed to be moved by human, animal or wind power,
(b) a device designed to be used exclusively on stationary rails or stationary tracks, or
(c) a boat propelled by motorized power;

E-bikes are not specifically referenced in this definition, and to my knowledge there has been no precedence set through the courts on the subject, as such it is difficult to provide a clear answer to your question. This response is solely based on my interpretation of the regulation as it is currently written.

E-bikes are designed to be both self propelled and moved by human power; they meet the definition of a motor vehicle (designed to be self propelled), and are not included in the definition of motor vehicle (a device designed to be moved by human power). I don’t think the law makers of the day considered that devices would be designed in the future that both meet and are excluded from the definition. Further complicating the matter are the various designs of E-bikes/scooters and their relative reliance on either battery or human power.

There are variables that could be factors in determining whether these types of vehicles could be used within an area subject to motor vehicle restrictions/prohibitions. For example, if a bike is not capable of propelling itself without the use of human power (i.e. the battery is charged by the rotation of the pedals) it may not be considered “self propelled” and may not meet the definition of a motor vehicle. However, if a bike does not require human assistance to move it (i.e. the battery is charged at home and the pedals simply augment the movement of the bike) it could be considered “self propelled” and meet the definition of a motor vehicle.

I’ve used terms like “may” and “could” liberally, as described above there is no clear reference to these types of devices in the Wildlife Act. However, I’ll take the liberty of more certainty when speaking to the objectives of these motor vehicle regulations. There are numerous types of motor vehicle restrictions/prohibitions in the province, but they can be put into two categories: year round/seasonal motor vehicle prohibitions and motor vehicle prohibitions for the purpose of hunting.

Generally (if not always) a full prohibition on the use of motor vehicles, either seasonally or year round, is in place to protect habitat. These can apply to specific lines (i.e. roads, trails) or polygons (i.e. watersheds, alpine areas). Whenever operating a vehicle/device in the province the operator should be These hybrid vehicles probably don’t compromise the objective of these regulations to any great extent, provided the device is operated in a manner that takes habitat values (soils, vegetation, etc.) into consideration.

The rational for Motor Vehicle for Hunting Closed Areas is generally social or to reduce harvest pressure in a specific area. In some areas access has increased in recent years which makes wildlife more vulnerable, motor vehicle for hunting closures are a tool in these situations to reduce hunter access into these areas that were previously inaccessible by a motor vehicle. They are also in place to provide a diversity of hunting experiences (i.e. a road where they can walk, bike, or horseback into without seeing a quad every couple of kms). These E-bikes may compromise the objective of these regulations.

It is my recommendation that an E-bike not be used in areas where motor vehicles are prohibited or restricted, however I am unable to state whether they are prohibited by law.

Regards,


Regulations and Policy Analyst|Fish & Wildlife Branch|Ministry of Forests, Lands, and Natural Resource Operations|

[Dannybuoy]

Good one Ron C , that basically confirms that e assist bikes would be legal while electric motor powered bikes more likely than not would be illegal .