CMVSS Compliance
ATTENTION: To all Canadians planning to purchase, or who have already purchased, an electric motorcycle, moped, or scooter:
As of August 1, 2024, the Quebec Ministry of Transportation has banned electric scooters, mopeds, and motorcycles that do not comply with Canadian Motor Vehicle Safety Standards (CMVSS). This decision could result in significant losses for customers and dealers of non-compliant vehicles in Quebec and may extend to other provinces and territories if similar laws are adopted.
The new Quebec regulation states that all electric scooters, mopeds, or motorcycle-style electric cycles are considered motor vehicles and cannot be used, imported or sold in Quebec as electric bicycles. This ban closes the loophole that some importers and dealers have exploited, addressing a long-standing lack of enforcement that has allowed these vehicles to proliferate.
Many of these electric cycles are currently imported into Canada under misleading categories. By attaching pedals, importers market these heavy electric vehicles—some weighing up to 400 lbs, with power outputs of 5,000 to 8,000W and capable of speeds up to 120 km/h—as electric bicycles. This allows them to be used in bike lanes without a driver’s license. Manufacturers set these vehicles’ maximum speed at 32 km/h before export, but YouTube tutorials on removing the speed governors to unleash their full capabilities are widely available.
To be eligible for registration and insurance, electric vehicles must be certified by Transport Canada and meet CMVSS. Alarmingly, some importers and dealers have been issuing fake registration documents to customers. According to an ICBC analyst, “Some companies have been producing fake NVIS documents that look real that look authentic, fooling many Autoplan Agents into believing the vehicles are compliant. However, operators of CMVSS non-compliant motorcycles should be aware they are still subject to fines from law enforcement.”
The public safety risks posed by CMVSS non-compliant vehicles are serious. These vehicles have not undergone the necessary Transport Canada safety tests, meaning their mechanical and electrical systems may be unreliable. Additionally, their manufacturers are not liable to Transport Canada, making it impossible to trace or recall these vehicles in the event of a safety defect.
Quebec is the first Canadian province to fully align its regulations with the Canadian Motor Vehicle Safety Standards, and it is expected that other provinces and territories will soon follow suit. Compliance with these regulations is the law.
CMVSS Non-Compliance electric cycles ban in QC
FAQs:
A1: If you are in British Columbia (BC), you can submit your Vehicle Identification Number (VIN) to the ICBC registry and licensing department for verification or to any vehicle insurance company in Canada. Alternatively, you can submit your inquiry to Transport Canada’s Importation department.
A2: No. According to ICBC, individuals riding electric motorcycles that are not CMVSS compliant are still subject to enforcement, even if their vehicle has been registered and insured by ICBC.
A3: CMVSS compliant motorcycles must meet stringent safety standards verified by Transport Canada. The manufacturer must prove that certain components, such as brake hoses, lights, mirrors, hydraulic brake fluid, tires, rims, and the motorcycle’s braking system, controls, and displays, meet these standards. The motorcycle must undergo testing to verify its speed, acceleration, and braking power. These tests are certified by the Shanghai Inspection Center, authorized by Transport Canada. If approved, the manufacturer must submit a test report to Transport Canada. After reviewing, Transport Canada may return it to the manufacturer if not completed or the manufacturer gets listed in Transport Canada’s appendix of approved manufacturers, making their motorcycles eligible for import into Canada. This process is both costly and time-consuming. Non-compliant motorcycle manufacturers can not be listed in this appendix and their products are not admissible to Canada.
A4: No. All vehicles eligible for registration and insurance must prove their CMVSS compliance before crossing the Canadian border. Additionally, BULLETIN # 03/2021 from CVSE states that any Restricted Use Vehicle (RUV/RUM) or vehicle originally manufactured as a Power Assisted Bicycle (PAB/MAC) is not eligible for inspection to legitimize it for road use. Once entered Canada as such can not be either modified to meet the CMVSS requirements.
A5: Not in Quebec as of July 30th, 2024. It is also not legal in BC as the BC Court of Appeal on February 2, 2021 delegalized scooters, mopeds and motorcycle looking cycles that are not practical to pedal for their road use. It still remains uncertain for other provinces, but if your cycle can exceed 32 km/h and has a motor over 500W, it is illegal to use it on the streets in most provinces.
A6: According to ICBC, they are still awaiting instructions from the Ministry of Transportation and Infrastructure (MOTI) regarding whether the insurance of CMVSS non-compliant vehicles will be honored. However, the operators of CMVSS non-compliant motorcycles are still liable before the enforcement authorities according ICBC.
A7: As of February 4th, 2021, the Canadian Ministry of Transportation has revoked the PAB category. All electric cycles not capable of exceeding 32 km/h are now imported under the "Non-Regulated" category. However, if the electric cycle can exceed 32 km/h, it is considered a vehicle and must be CMVSS compliant and bear a safety label according to Transport Canada CMVSR.
A8: According to ICBC, the manufacturer of the motorcycle must be listed in Transport Canada's approved manufacturers list and the motorcycle must bear a CMVSS compliance label.
A9: If the accident is caused by a reason related to the motorcycle safety, most definitely you won’t be covered. There is uncertainty about the legitimacy of all other cases as ICBC – MOTI consultation is expected.
A10: It was most likely because the motorcycle was not CMVSS compliant, which is one of the main requirements for the Clean BC rebate program.
A11: If the electric cycle was capable of speeds over 32 km/h with a motor over 500W, it was not legal as a non-regulated cycle at the Canadian border or as a MAC in the first place, regardless of the pedals. It is also not eligible for registration and insurance as it is not CMVSS compliant.
A12-1: CMVSS Compliant Motorcycles
a) CMVSS compliant motorcycles must use components tested and approved by Transport Canada. Before export, they undergo a testing procedure prescribed by Transport Canada to ensure safety.
b) Every single VIN of each CMVSS compliant motorcycle is reported to Canada Customs before entry, verified upon crossing the border.
c) At the point of entry, VINs are entered into a national database, allowing for tracking in the event of an accident.
d) When a NVIS (New Vehicle Information Statement) is issued to a customer, it is recorded under the VIN in a national database used to notify owners of recalls.
e) The manufacturer of a CMVSS compliant motorcycle is uniquely identifiable and responsible for any accidents caused by defects in their vehicles. They are internationally insured and liable for critical flaws in design or workmanship.
f) CMVSS certified manufacturers distribute their vehicles under their brand name in multiple countries, requiring them to maintain high standards in aftermarket support and parts supply.
A12-2: CMVSS Non-Compliant Motorcycles
a) Non-compliant motorcycles are often imported to Canada under a false category as non-regulated cycles. Their VINs are not recorded in any database and cannot be tracked or removed from the market if a serious defect arises.
b) These motorcycles often carry local Canadian brand names, allowing importers to switch suppliers without traceability, making the original manufacturers unaccountable for critical defects.
c) Manufacturers not legally bound to safety standards with Transport Canada can compromise quality to reduce costs, particularly with expensive components like lithium batteries that can cause serious damages if not safe. This practice increases the risk of using unsafe parts.
d) The security of your investment in a CMVSS non-compliant motorcycle is uncertain, especially if laws like the one in Quebec prohibiting the use of such vehicles are enacted in other provinces. It is also uncertain if your registration and insurance will be honored if the motorcycle is non-compliant. According to our correspondence with the BC Ministry of Transportation and Infrastructure (MOTI), consultations on this issue are ongoing.
A13: Yes, you can. First, confirm with the manufacturer that they are listed on Transport Canada’s Preclearance list and verify this with Transport Canada. Then, request their WMI (World Manufacturer Identifier) and the WMI document issued by the Society of Automotive Engineers (SAE) to verify that their name matches the one listed in Transport Canada’s appendix. If the motorcycle can reach speeds over 70 km/h, the manufacturer must be listed under the "Open Motorcycle" category; if it is below 70 km/h, it must be under the "Limited Speed Motorcycle" (LSM) category. Make sure the compliance label on the motorcycle’s frame meets Transport Canada’s requirements, ask the manufacturer to send you a picture of the label attached to the frame before shipping. Note that if the motorcycle does not meet CMVSS compliance requirements, it will be rejected at the Canadian border, and no modifications are allowed in Canada to bring it into compliance.
A14: The answer to this question depends on various factors and would likely require legal assistance.
We welcome your comments and feedback if you believe any of our statements are misrepresentative. Please ensure that any counterarguments are supported by recent provincial or federal documents. When providing feedback, kindly refer to the specific question or answer number in your comments.
