An Orillia resident is steaming after getting ticketed by Orillia OPP officers for using his electric mobility scooter on local streets. He hopes his case can forward “pedestrian rights” and help lead to legislation permitting vehicles like his on certain roadways.
In late March, Danny Borzellino was travelling on his scooter near the waterfront, with his young son on board, when OPP officers pulled him over and issued several tickets for operating a “motor vehicle” without the proper documentation.
Borzellino lives with several disabilities that he says prevent him from venturing too far from his home. As a result, he often uses the scooter to get around the neighbourhood and pick up groceries, he told OrilliaMatters.
The scooter he uses does not travel faster than 20 km/h, he said, but because it does not have pedals like an ebike, police told him it technically qualifies as a motor vehicle, which requires a licence, insurance and registration to operate, as per the Government of Ontario website.
However, Borzellino argues the scooter should be permitted due to its use as a "mobility vehicle."
“It was declared as a mobility scooter because I have several disabilities that prevent me from going long distance,” he said. “I got this as a mobility scooter and declared it on my taxes and came with my disability tax credit.”
Borzellino expressed frustration with the distinction between mobility scooters, ebikes, and motor vehicles.
He also owns a traditional ebike that can travel faster than the scooter he was ticketed for, and questioned why traditional mobility scooters — which also do not have pedals, but are required to follow the same rules as pedestrians — do not count as motor vehicles.
“Give us a mobility class licence that's under low speed vehicles,” he said. “If it’s not an ebike, and it's not a car, and it's not a motorcycle, and it's not a low speed vehicle, what is it?”
According to the Highway Traffic Act, "if there's no definition you treat it as a car, which (requires) licence plates and insurance.”
He hopes his case can forward “pedestrian rights” for people with disabilities.
“I am looking for pedestrian rights in a mobility class, which allow us to use electric mobility devices, whatever their names are, without the limitations of ebikes because we can't use ebikes (to their) fullest potential," said Borzellino.
“Give me rules to follow, and I'll follow those rules, but don't take my freedoms away.”
Barzellino said he is set to appear in court on June 5 regarding the tickets he received last month.
While he hopes he is not penalized, he also hopes the court does not simply throw the tickets out, as he wants his case to help form clearer legislation for mobility scooters like his.
Borzellino said he has contacted municipal, provincial, and federal representatives regarding the issue.
“If they throw it out, it doesn't serve the rest of the community,” he said. “If they throw it out, a law is not formed. They've dismissed it.”
Orillia OPP Sgt. Matt Stoner said police have issued previous releases about what types of scooters are and are not allowed on local roadways — though he said courts are free to withdraw charges.
“We have provided media releases in the past about mobility scooters — there are some mobility scooters that are in a class of vehicle and subject to provincial statutes,” he said.
“Owners need to be aware of the scooter’s classification when purchasing for personal use —– courts can withdraw charges that we lay, but it still may not be definitive that the scooter is legal or illegal.”
