Mini car or mobility device? Enclosed scooters raise questions in northern Ontario

Enclosed mobility scooters are becoming more popular in northern Ontario, but that's also led to questions about which rules of the road they should follow.

They look like tiny cars and can reach speeds of up to 30 kilometres per hour. Some models even include features like air conditioning and power windows. But they can't legally be driven on roads.

"It's still considered a pedestrian unless it's been somehow modified to change horsepower and speed capacity and that sort of thing," said Howard Lightle, an associate lawyer with Orendorff and Associates in Sudbury.

"So it would not be much different really than running into someone driving a bicycle. You're still considered a pedestrian. It is not insured under an automobile policy typically."

Lightle said most homeowners or tenant insurance policies would cover enclosed mobility scooters in case of a crash.

North Bay Police Const. Douglas MacIntosh said it's worrying to see them on busy city streets, including the Transcanada Highway.

"Unfortunately they have minimal impact protection. They don't go through standard car crash regulations," he said.

MacIntosh said North Bay Police officers have stopped some enclosed mobility scooter drivers who were treating them like cars.

But because they're still new, he said they've given the drivers a grace period with a warning and education about how they should be driven.

"We're not trying to give them fines in the range of $50 to $65," he said.

"We're trying to prevent collisions because, frankly, they're not going to win in a collision against a 5,000-pound motor vehicle."

By law, the scooters should be driven on the sidewalk or on the left shoulder of the road, facing traffic.

Ontario Provincial Police Const. Rob Lewis said those rules lead to more public confusion since there are some "low-speed" electric vehicles that are considered road-legal.

"These vehicles are ahead of the laws," he said, referring to enclosed mobility scooters. "Basically, the MTO [Ministry of Transportation] has not caught up to how to regulate these vehicles."

This just allows them to continue on with their independence for a longer period.- Gilbert Foucault, owner, Sudbury E-Bike

Gilbert Foucault, the owner of Sudbury E-Bike, sells a popular brand called the Daymak Boomerbuggy.

Foucault said he educates all of his customers about the rules of the road when they purchase an enclosed mobility scooter.

"If you're coming to a store like this where we service them, we're going to explain that to you before you leave the store or even before you purchase the unit," he said.

"We don't want you thinking that it's the car."

But people who buy their enclosed mobility scooters online, or secondhand, may not get that benefit and would have to do their own research on the relevant laws.

Despite that confusion surrounding enclosed mobility scooters, Foucault said he expects them to only get more popular.

"It's independence," he said.

"When you lose your driver's licence it's pretty hard hit for most people. And this just allows them to continue on with their independence for a longer period."