E-scooters are selling fast in Toronto, retailers report. The catch: they’re illegal on city streets

Thestar.com
Feb. 25, 2021
Ben Spurr

In an article posted to its website last month, a company called TekTrendy outlined the “key benefits of using e-scooters in Toronto in 2021.”

The electric-powered kick-style scooters “help save time, save money and make travelling more fun,” according to the Toronto-based company, which is just one of a number of retailers selling e-scooters in the city and whose site lists four models for sale, ranging in price from $699 to $1,099.

“Many of our customers happily use their scooter to commute to the nearest TTC (stop),” the company reported.

There’s just one catch: in Toronto in 2021, it’s illegal to ride e-scooters on city streets, sidewalks, bike lanes, trails, or virtually any other public place. (TekTrendy’s website does advise customers to check the regulations in their area).

The devices are allowed on private property, however, and it’s not illegal to sell them. That grey area has helped foster a growing retail trade that’s troubling to critics who warn e-scooters pose a safety risk.

“It is a loophole that needs to be investigated,” said Councillor Kristyn Wong-Tam (Ward 13, Toronto Centre).

She chairs the Toronto Accessibility Advisory Committee, which opposes legalizing e-scooters on the grounds the near-silent vehicles can harm blind people and others with accessibility challenges if they’re ridden or parked on sidewalks.

“Unless somebody has a very large backyard that’s paved over that they plan to exclusively use that e-scooter in, there’s a very good chance that they’re going to take it out” on public streets or sidewalks after they buy it, “and none of that is permitted,” she said.

She acknowledged that outright banning their sale in Toronto may not be the best solution, because a prohibition could easily be circumvented through online retailers. The committee is set to debate e-scooters Thursday.

TekTrendy didn’t return requests for comment. It’s far from the only company selling e-scooters in Toronto, however. A handful of independent retailers offer them, and Canadian Tire lists at least six models available at its Toronto locations.

Barry Nisan, owner of Epic Cycles, said demand for e-scooters is growing fast. He recently opened a new location in Toronto’s Junction neighbourhood, in addition to his flagship store in Vaughan (where officials say e-scooters are also barred from public roads). His shops primarily sell electric bicycles, but he said sales of e-scooters have quadrupled every year since he started stocking them about four years ago. He estimates Epic sold close to 500 of them last year.

Nisan said he informs customers e-scooters aren’t permitted in on Toronto roads.

Asked whether it’s responsible to sell vehicles that aren’t allowed on public rights-of-way, he said e-scooter owners need to respect the law and other road users. “If people are riding on the sidewalk, they shouldn’t be. The same as you shouldn’t be riding bicycles on the sidewalk,” he said.

He predicted authorities will soon allow e-scooter use more widely. “We’re excited about it. We think it’s a great solution to commute and travel, and for getting out and having fun,” he said.

Last year the Ontario government took a step toward legalization by launching a five-year e-scooter pilot project. To take part, municipalities have to pass bylaws setting out where the vehicles are permitted. Ottawa has opted in and is reporting positive results so far, but Toronto has yet to take part despite a flurry of lobbying from e-scooter companies at city hall.

Last June, a city staff report said e-scooters had the potential to be a convenient, low-cost transportation alternative, but it also flagged concerns about safety, lack of enforcement resources, and legal liability.

According to the city, research from Europe shows scooter riders are four times more likely than bicyclists to injure others. Because e-scooters aren’t covered by insurance providers, staff warned accident victims will sue the city if they get hurt.

E-scooter companies dispute research that says the vehicles, which under provincial rules must top out at 24 km/h, are unsafe, and argue they’re no more dangerous than bikes.

The city report recommended Toronto consider joining the provincial pilot if staff concerns could be addressed, and set a tentative date of May 2021 for opting in. But last July council members voted to refer the matter back to staff for more study. They’re expected to report back in April.

In the meantime, it’s not clear to what extent the city is enforcing the current ban on e-scooters in public places. A spokesperson for the Toronto Police said she couldn’t immediately provide details of e-scooter enforcement.

David Lepofsky, chair of the Accessibility for Ontarians with Disabilities Act Alliance, said “the police need to vigorously enforce the ban on (e-scooters) now.”

City spokesperson Diane Morrison said city staff are aware “some residents (are) using e-scooters illegally” and “we are monitoring those uses.” She said the city recommends retailers “properly inform their customers of the status of the use of e-scooters on public roads.”