Hefty fine for e-bike rider on modified bike without insurance

Modifying an e-bike proved costly for a St. Catharines man.

William Cotnam, 38, was fined $11,700 in an Ontario Court of Justice in St. Catharines on Thursday after pleading guilty to driving while disqualified and driving without insurance.

Court was told Niagara Regional Police officers were conducting speed enforcement on Geneva Street near Linwell Road on April 15 when Cotnam drove past them on an e-bike in the bicycle lane.

Riders of the electric-powered vehicles do not need a driver’s licence or insurance. An e-bike must have pedals and the user must be able to use the pedals to power the bike.

Niagara police clocked the e-bike at almost 50 kilometres per hour. The speed limit for e-bikes is set at 32 kilometres per hour.

An examination of the e-bike by police determined it had been modified. The chain had been removed and the pedals were tied to the frame which meant it then met the definition of a motor vehicle under the Highway Traffic Act.

In Ontario, motor vehicles must be insured and drivers must have a valid drivers licence.

Court heard Cotnam did not have a licence due to a previous conviction for impaired driving.

“He didn’t make the right choice,” said defence lawyer Brenda Sandulak. “He chose to drive it in the condition it was in.”

Court was told Cotnam has $8,000 to $10,000 in outstanding fines due to previous driving infractions, including two earlier convictions for driving without insurance.

On Thursday, he was fined $10,000, the mandatory minimum penalty, for the insurance offence and an additional $1,700 for the charge of driving while disqualified.

Judge Joseph Nadel gave him three years to pay the $1,700 fine and a further five years to pay the larger fine. He was also banned from driving for two years.

“If he doesn’t pay the fine in the allotted time, he’ll do the time,” the judge said.

“You can’t complain about the consequences of the choice you made. Despite the fact you are impoverished, you are the one who made the choice that brings you before me.”