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FORT MCMURRAY — A new RMWB bylaw that could leave parents facing fines of up to $500 if their children are caught riding e-scooters in public is drawing divided reaction in the community.
The new rule makes parents or guardians liable if they knowingly allow someone under 18 to operate an e-scooter or other miniature vehicle in a public space.
Rockey Yoo, a lawyer with Franklin Law Chambers in Fort McMurray, says the municipality has the authority to regulate e-scooter use and impose penalties, but the word “knowingly” could become central if a parent challenges a ticket.
“I think the one piece that will allow the city to implement this bylaw is the fact that there’s a knowingly component to the bylaw,” Yoo said.
He said that means prosecutors would have to establish that a parent was aware and allowed the child’s use of an e-scooter.
Yoo also raised questions about how bylaw officers would deal with minors while trying to establish whether a parent could be held responsible.
“There’s all these constitutional questions as to how do they even establish the parent-child relationship, and in other factual circumstances regarding any type of arrest and detention of a child while that child is operating an e-scooter,” he said.
That could make enforcement difficult, and dependent on the circumstances of individual cases, particularly when officers need to identify a child and establish their relationship with a p12arent or guardian before pursuing a fine.
Yoo says the municipality has authority to restrict e-scooter use because provincial traffic legislation does not generally permit them on public roads and sidewalks.
He said Calgary and Edmonton are different because those cities received provincial exemptions allowing rental e-scooters.
“The question may be why aren’t midsize cities like Red Deer, Grande Prairie, Fort McMurray or even smaller towns not given the same type of exemption,” Yoo said.
He also questioned whether prosecuting contested $500 fines would be an efficient use of public resources.
“You need prosecutors, you need an adjudicator, you need court time,” Yoo said. “And so it’s taking public resources and it is going to be stressful for a parent.”
At the same time, Yoo acknowledged the municipality does have authority to restrict e-scooter use if it is creating a public safety concern.
The fines were approved by RMWB council on Oct. 6 along with changes to the broader Roads and Transportation Bylaw governing the use of municipal roads, public spaces and transportation corridors.
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