Last Updated: August 22 2026
If I’m stopped for riding a bicycle without proper brakes in Ontario, what penalties could I face?
Lo Greco Law can help if you’ve been charged for riding a bicycle without a brake system acting on the rear wheel that enables a braked-wheel skid on dry, level, and clean pavement, because Highway Traffic Act, R.S.O. 1990, c. H.8, s. 64(3) requires at least one rear-wheel brake system and the offence carries the general penalty in Highway Traffic Act, R.S.O. 1990, c. H.8, s. 214(1), which means a fine from $60 to $1,000 plus victim surcharge and court costs, and the conviction may be treated as a driving-related offence on your Motor Vehicle Report, potentially affecting auto insurance; for 30+ year experienced lawyer services and LSO tribunal representation across Ontario, call (416) 488-4110 to discuss your options.
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Understanding the Braking Requirements for Bicycles Operated Upon Roadways Including Potential Penalties
Many bicyclists may be surprised to learn that many traffic laws apply specific to bicyclists; including, among others, the requirement that a bicycle have a braking system capable of making the rear tire skid on dry, level, and clean pavement. If charged convicted, a bicyclist will have the charge applied to the driving record (Motor Vehicle Report) of the bicyclist.
Note: Please contact Lo Greco Law by phone at: (416) 488-4110 to discuss any specific questions that you may have.
The Law
The requirement that a bicycle must have a braking system capable of leaving a skid mark is prescribed per section 64(3) of the Highway Traffic Act, R.S.O. 1990, c. H.8. The applicable penalty upon conviction for a violation is found at section 214(1) of the Highway Traffic Act as section 64(3) is silent about, meaning failing to state, the penalty details. Specifically, section 64(3) and section 214(1) of the Highway Traffic Act state:
Brakes on bicycle
64 (3) No person shall ride a bicycle on a highway unless it is equipped with at least one brake system acting on the rear wheel that will enable the rider to make the braked wheel skid on dry, level and clean pavement.
General penalty
214 (1) Every person who contravenes this Act or any regulation is guilty of an offence and on conviction, where a penalty for the contravention is not otherwise provided for herein, is liable to a fine of not less than $60 and not more than $1,000.
Accordingly, per the general penalty stated within section 214(1) as is shown above, the fine for operating a bicycle without a brake capable of causing the rear tire to skid on dry, level, and clean, pavement is in a range from sixty ($60) dollars to one thousand ($1,000) dollars. Additional penalties will include the statutory victim surcharge plus court cost. Furthermore, although such a charge involves operation of a bicycle, upon a conviction the bicyclist will have the conviction regarded as a driving offence which may result in consequences to automobile insurance rates.
Summary Comment
Operating a bicycle without a proper braking mechanism is risky to the bicyclist and others; and accordingly, the law forbids doing so and imposes a fine of up to one thousand ($1,000) dollars upon a finding of guilty when a bicyclist is charged and convicted.
