“Share the Road” is no longer just a catchy slogan – it’s the law
by Janet Lees
We’ve all experienced it: you’re driving your car and come upon a cyclist or group of cyclists on a two-lane road without paved shoulders. There is traffic approaching in the other direction. Do you “thread the needle,” squeezing between the cyclist and the oncoming traffic? Or perhaps you’re on a hill and can’t see whether other cars are approaching. Do you pass as close to the cyclist as possible just in case a vehicle appears in the oncoming lane ahead? Under new provincial regulations, either of these moves could net you a hefty fine.
Bicycles are considered vehicles under Ontario’s Highway Traffic Act, and have just as much right to be on the roads as cars, trucks and other vehicles. And now, under a new amendment to the act effective September 1, motorists are required to leave a distance of at least one metre while passing a bicyclist, unless doing so is not possible or is unsafe. Drivers who fail to observe the one-metre rule are subject to a minimum $85 fine, which increases to $150 in designated community safety zones.
Area cyclists and cycling clubs are applauding the new law, saying it will help keep vulnerable cyclists safer on the roads.
“Every single weekend our club rides are passed illegally,” says Steve Varga, a lawyer and the vice president of the Collingwood Cycling Club (CCC). “History has shown that if there is enough space between the cyclist and the centre line, drivers will shoot that gap, or will pass us on a blind hill or a blind turn. Section 148 [of the Highway Traffic Act] says you cannot pass another vehicle unless you can see the road ahead.”
Varga is working with area OPP on a defensive cycling strategy designed to increase safety for both drivers and cyclists, and regularly gives presentations to area riders, motorists and police officers.
“The reality is, in North America, it’s a fairly negative culture towards cycling,” laments Varga. “It’s a very car-centric society, so many people out there are annoyed by cyclists, whether they are riding properly or not. Some drivers just don’t want cyclists on the roads because they want a clear path. So I’m trying to come up with a way that we can all live together, safely.”
He stresses that the rules of the road swing both ways, and cyclists are also required to ride safely and follow the Highway Traffic Act as well as municipal traffic bylaws. This includes stopping at stop signs and stop lights, signaling turns, and having proper reflectors and lights to enhance visibility.
Both motorists and cyclists can be fined for failing to follow the traffic laws, with fines ranging from $50 to over $1,000 depending on the infraction. Aggressive or unsafe drivers and riders can also be charged with careless driving, dangerous driving and other criminal offenses.
One aspect of the law that is unclear is whether groups of cyclists are expected to ride in single file. In his presentations and in his role with the cycling club, Varga advocates riding “two abreast” as a safer practice for both cyclists and motorists.
“The theory behind it is that when you take 10 or 12 cyclists and you put them in a two-abreast formation, you have reduced the length of the pass by half,” says Varga. “The most difficult and potentially dangerous part of passing another vehicle is not the right-left part – the going around part – it’s the length of the pass. We want to reduce the length of the passing manoeuvre that a car has to make because obviously that’s what’s putting a driver in danger.”
With cyclists in a single-file formation, by contrast, drivers overtaking a group of riders may not be able to see how long the line is. “They may only see a couple of cyclists ahead and try to pass us, and then get into trouble further down the line if there is another vehicle approaching.”
Pieter Huyssen, an OPP constable and certified member of the local bicycle police unit as well as an avid cyclist and a member of the Collingwood Cycling Club, says from a policing standpoint, riding two abreast is viewed on a situation-specific basis to determine whether it is the safest and most lawful way to ride.
“The provincial police cannot take a position and say that two-abreast cycling is approved or not approved,” says Huyssen. “That’s something that the ministry of transportation would have to pass a specific statute towards. As it stands now, nowhere in the Highway Traffic Act does it say specifically that you can or you can’t ride two abreast. There are a number of regulations that pertain to that, and every situation is scenario specific.”
The Ontario Provincial Police (OPP) for Collingwood and the Blue Mountains has been working extensively with the cycling club to get the word out to cyclists and motorists about the laws and the need to share the roads safely. Huyssen acts as a community liaison for the OPP on bicycling safety and conducts joint presentations with Steve Varga throughout the area.
As a police officer, a driver and a cyclist, Huyssen is in a unique position to see all sides of the safety issue. “I drive my own vehicle, I drive a police vehicle, and I ride a bicycle and a police bicycle. I’ve experienced poor motoring behaviour that has affected my bicycling experience and I’ve equally experienced poor bicycling behaviour that has affected my motor vehicle operation, both in my capacity as a police officer and as a member of the motoring public.”
With more cyclists than ever taking to our roadways, both drivers and riders have a duty to share the roads safely. Huyssen’s best advice for motorists and cyclists alike: “In the interest of public and personal safety, try your utmost to use the roads in a safe manner, politely and courteously. The ‘Share the Road’ sign has two people on it. It has a bicyclist and a motorist. There has to be mutual respect and mutual understanding.” ❧
Safety Tips for Motorists:
- Respect cyclists as legal road users with the same rights and responsibilities as motorists. Drive courteously and with tolerance.
- Keep in mind that cyclists are allowed to use the entire lane if necessary. Be prepared in case a cyclist needs to suddenly move toward the centre of the lane to avoid hazards on the road.
- Maintain a safe distance between your vehicle and a bicycle at all times.
- Leave at least one metre of space between your vehicle and a cyclist when passing.
- Obey the posted speed limit, and don’t drive too fast for conditions.
- Come to a complete stop at each stop sign and red light.
- Check over your shoulder, and always check your blind spot before turning or changing lanes. A bicyclist could be there.
- Yield to pedestrians and bicyclists in and entering crosswalks.
- If you plan to turn right or pull into a parking space shortly ahead of a bicycle in front of you, do not pass.
- Signal all turns and lane changes 30 meters (100 feet) in advance.
- It is your responsibility to pass cyclists safely. Don’t affect oncoming traffic. Be patient, slow down, and pass only when the way is clear and it is safe to do so.
Safety Tips for Cyclists:
- Follow the law – bicyclists have the same rights and duties as other drivers and must follow the same traffic laws.
- Be predictable – ride in a straight line, signal turns and check behind you before turning or changing lanes.
- Ride with caution around parked cars and position yourself in the field of vision of a motorist pulling out of a parking space.
- Be conspicuous – ride where drivers can see you, use lights at night and wear bright clothing.
- Be aware – anticipate the next move of drivers, pedestrians and other cyclists. Watch for debris, potholes and grates.
- Wear a helmet – helmets are strongly urged for all cyclists, and required by law for anyone under 18. It is the parents’ responsibility to ensure that those under 16 wear a bike helmet.
- Ride Ready – ensure that your bike is in good repair and regularly check brakes, tire pressure, chains and quick release wheel levers to ensure safe operation.
- If you are a beginner or are returning to bicycling, seek out clubs or bicycling advocacy organizations in your community for tips on safe riding, instruction, and group rides to improve knowledge and confidence.
- Come to a complete stop at every stop sign and red light.
- Carry identification and cell phone, emergency cash, as well as repair and emergency supplies.
- Use proper hand signals to let motorists know your intentions (e.g. stopping and turning).
- When riding in large groups, break up into smaller groups and leave ample space between packs of riders to make it safer and easier for motorists to pass.
For more information on provincial traffic laws, safe cycling and sharing the road, visit:
Ontario Ministry of Transportation www.mto.gov.on.ca/english/safety/bicycle-safety.shtml
Government of Ontario Guide to Safe Cycling www.mto.gov.on.ca/english/safety/pdfs/cycling-skills.pdf
Share the Road Cycling Coalition www.sharetheroad.ca
Collingwood Cycling Club www.collingwoodcyclingclub.ca/defensive-cycling-practices
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