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Thursday 7 June 2012

The Cyclist Agenda: when laws get bent.


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CANADIANS BELIEVE IN THEIR LAWS; YES, EVEN FOR CYCLISTS.

Canadians are fierce believers in the law. You steal from someone and you go to jail. It’s simple and fair. But Canadians are growing impatient with the unfair application of our laws. Let’s use an example we all understand. According to the Ontario Traffic Act, bicycles are accorded the same rights and privileges as a motorized vehicle. 

There is also a list of laws and fines for each transgression. The ones in red (posted at the end of this post) I see broken on a daily basis: that’s over 50% of the laws in this section.  I travel approximately 14 kms to work. I’m dead serious; I see these laws broken every day and yet in 39 years and over 2.5 million kms of driving I have never seen a single police officer giving a ticket to a cyclist. Not one. If cars did this on a daily basis there would be total chaos. Also, if a car hits a cyclist, they are deemed responsible whether the accident was the driver’s fault or not. That means it’s in the best interest of drivers to have these laws applied.

ABSURDITY FROM THE POLICE: CYCLISTS GO UNTICKETED.

Last week our local police announced something that should shock all drivers: cyclists will not be fined if caught cycling while talking on a cell phone. Here is a simple question that might point out the danger of such folly: Is it safer to drive a car with one hand, or a bike with one hand? Forget the phone itself for the moment. Which is more dangerous? It’s basic physics. A car has four wheels, so a car is more stable; the proof is in the millions of people who drive a standard. Driving a bike, in traffic, with one hand, on Ottawa’s goat-path roads, is a death sentence. Now let’s add in the cell phone. It is considered so dangerous to drive a car with one that new laws have been written with steep fines. Millions are spent on advertizing against it. Socially you are considered a fool to do this. Does anyone believe that bikers are safer than cars while using a cell phone?
Ah, the perfect photo. Source.

Yet our police have told us that they will not fine cyclists. If bikes are the same as cars according to the law, then why the difference in enforcement? Why do our police acknowledge the existence of a law and yet choose not to enforce it? It’s simple: they are told not to. Our leaders have agendas that are affected by the application of the law. Whether it’s cycling laws or the ridiculous anti-smoking bylaws recently enforced here in Ottawa, the law is either too problematic to enforce or does not fit their agenda. Ottawa Councillors want more bikes on the road, so don’t scare cyclists off by giving them tickets and asking them to follow the law!

Canadians want equal and fair application of the law. They do not want laws bent or ignored because of who you are or what agenda is being pushed.

What do you think?


APPENDIX: THE HIGHWAY TRAFFIC ACT: BICYCLE LAWS

HTA 144/136 - Traffic signals and signs
Stop for red lights and stop signs and comply with all other signs. Set fine: $85.00
HTA 153 - One-ways streets
Ride in the designated direction on one-way streets. Set fine: $85.00
HTA 147 - Slow moving traffic travel on right side
Any vehicle moving slower than the normal traffic speed should drive in the right-hand lane, or as close as practicable to the right edge of the road except when preparing to turn left or when passing another vehicle. Set fine: $85.00
HTA 142 - Signalling a turn
Before turning, look behind you and signal your turn. Cyclists can use their right arm to signal a right turn. Set fine: $85.00
HTA 140(1) 144(29) - Crosswalks
Yield or stop for pedestrians at crosswalks. Set fine: $85.00
HTA 140(6)/144(29) - No riding in crosswalks
Walk your bike when crossing at a crosswalk. Set fine: $85.00
HTA 166 - Streetcars
Stop two metres behind streetcar doors and wait until passengers have boarded or departed and reached the curb. Set fine: $85.00
HTA 175 (12) - Stopped school buses
Stop for stopped school buses when the upper alternating red lights are flashing. Set fine: $400.00
HTA 62(17) - Lights
A bike must have a white front light and a red rear light or reflector if you ride between 1/2 hour before sunset and 1/2 hour after sunrise and white reflective tape on the front forks and red reflective tape on rear forks. Set fine: $20.00
HTA 75 (5) - Bell
A bike must have a bell or horn in good working order. Set fine: $85.00
HTA 64(3) - Brakes
A bike must have at least one brake system on the rear wheel. When you put on the brakes, you should be able to skid on dry, level pavement. Set fine: $85.00
HTA 218 - Identification
Cyclists must stop and identify themselves when required to stop by police for breaking traffic laws. The police officer will ask you for your correct name and address. Set fine: $85.00


HTA Reg. 630 - Expressways
Bicycles are prohibited on expressway / freeway highways such as the 400 series, the QEW, Ottawa Queensway and on roads where "No Bicycle" signs are posted. Set fine: $85.00
HTA 178(2) - Passengers
Passengers are not allowed on a bicycle designed for one person. Set fine: $85.00
HTA 178(1) - Attaching to a vehicle
You are not permitted to attach yourself to the outside of another vehicle or streetcar for the purpose of "hitching a ride." Set fine: $85.00
HTA 104 - Helmets
Every cyclist under the age of eighteen must wear an approved bicycle helmet. Parents or guardians shall not knowingly permit cyclists under sixteen to ride without a helmet. Set fine: $60.00
HTA 179 - Dismounted bicyclist
Cyclists are required to ride on the right-hand side of the road. If you are walking your bike on a highway where there are no sidewalks, you are considered a pedestrian and you should walk on the left-hand side of the road facing traffic. If it is not safe for you to cross the road to face traffic, you may walk your bike on the right-hand side of the road. Set fine: $35.00.

For more information on the rules of use for these types of vehicles, please visit www.mto.gov.on.ca.

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