Tuesday 24 April 2012

The Law of the Lane


Bike lanes – useful, cheap, easy, efficient and cost effective (certainly when compared to the cost of roads) and absolutely necessary in our current condition of obesity, weight related health issues, congestion, environmental issues and rising fuel costs.

Motorists and cyclists do not happily co-exist where I live. It is an openly hostile relationship with a lot of finger pointing and blame. Motorists think that bikes belong on the sidewalk and that when they are on the road they are doing something wrong, something illegal even though the website for the Ministry of Transportation in Ontario clearly states:

The Ontario Highway Traffic Act (HTA) defines the bicycle as a vehicle that belongs on the road. Riding on the road means riding with other traffic. This is only safe when all traffic uses the same rules of the road.
A bicycle is a vehicle under the Ontario Highway Traffic Act (HTA). This means that, as a bicyclist, you have the same rights and responsibilities to obey all traffic laws as other road users. Cyclists charged for disobeying traffic laws will be subject to a minimum set fine and a Victim Surcharge fine of $20.00 for most offences (please note set fines below are subject to change).

Yet I even know a cyclist who was stuck by a vehicle while riding through an intersection and the police officer who arrived on the scene told him he should have been “walking” his bike through the intersection. I have read through the sections of the HTA which relate to bicycles and no where have I read that a cyclist must walk their bike through an intersection. In fact, doing so directly contradicts the statement “a bicycle is a vehicle under the Ontario Highway Traffic Act. This meant as a bicyclist you have the same rights and responsibilities…” However even the police seem to accept the urban myth that there are different regulations for cyclists. I believe this is why, in collisions between cyclists and motorists, the motorist is rarely charged. The assumption seems to be that the collision is the cyclist’s fault for being on the road.

In my own experience I have had most of my near misses (thankfully) from drivers breaking the law. The following is a shortlist of the worst and yet most common offenses:
  • Passing me on the left and then making a right hand turn directly in front of me
  • Making a turn (into me) while I am traveling straight and have the right of way.
  • Swerving toward me and then swerving quickly away, in an attempt to intimidate me – this one always puzzles me as, presumably the reason motorists resent my riding is that I am impeding their progress, yet it takes more time and effort to intimidate me than to just pass me.
  • Crossing a solid line to pass me on a hill, while unable to see oncoming traffic
  • Passing me so close that I have been hit by the vehicles side mirror
  • Passing me, while I am stopped for a red light or stop sign, in order to stop directly in front of me (and partially in the intersection).

Everything I have listed is a direct contravention to the Ontario Highway Traffic Act. All of these things happen every time I ride my bike (which is pretty much daily in the summer) and all of my cycling friends report the same or similar experiences and yet when one of these illegal behaviours results in a collision, the assumption is that the cyclist is in the wrong and thus no charges are laid. This is outrageous. This is an assumption that “might equals right” and it is wrong, illegal and short sighted. Cyclists pay taxes, vote, hold high paying positions (let’s face it, cycling is not a cheap hobby) and contribute to the community as much and often more than anyone else. We are not a special interest group; we are citizens with rights and responsibilities under the law. I keep hearing about programs to educate cyclists yet I see nothing being done to educate drivers. Apparently the sentiment is that the entire onus for safety lies with the cyclist.

So why are so many motorists and politicians against bike lanes? It is absurd to state that bikes don't belong on the road and then say you don't want bike lanes, the only safe solution to getting bikes out of the way of motorists. I have heard many excuses "the roads weren't built for bikes", yet bikes and motorized vehicles co-exist in many European cities where the roads are much narrower than they are in North America. "They are too expensive" - Bogota Columbia has a completely integrated network of trails and bike lanes but Oshawa, with some of the highest property taxes in Canada, can't afford it? Dubious. "It's too cold most of the year" - two words; Copenhagen, Ottawa

Recently there was a man in his 50’s riding his bike to work in a neighbouring community, like he did every day, trying to lead a healthier, cleaner lifestyle. Anecdotal reports suggest  he wore a helmet and safety vest and had both front and rear lights on his bike. He was struck by a vehicle and died on his way to hospital. The woman who struck him had seen him cycling to work many times before. No charges were laid. 

Until the day my Utopian Dream of being able to ride safely on bike lanes in my community becomes reality, please remember the “bicycle” in front of you is not an object slowing you down or intentionally trying to provoke you or doing something wrong just by being there. There is a PERSON, a living, breathing person who is somebody’s child, somebody’s parent, somebody’s partner, somebody’s best friend, somebody’s everything. Stop thinking they are making you late, you are late because you are disorganized and didn’t give yourself enough time, not because a cyclist is in front of you for an extra 50 seconds. Stop looking at the object and see a person before you lose your humanity all together and because IT’S THE LAW!

For more information about bicycle friendly initiatives or to help this cause see the following links. Also, write your MP and MPP and let them know that bikes do belong otherwise this issue will never be on the agenda:

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