Now I sent the following letter to the Ontario Minister of Transportation, it is self explanatory.
Michael Cole
Toronto ON
Hon. James Bradley, Minister of Transportation
Ministry of Transportation
3rd Floor, Ferguson Block, 77 Wellesley St. West
Toronto ON M7A 1Z8
Jbradley.mpp@liberal.ola.org
September 1, 2009
Dear Mr. Minister,
On Sunday August 30 at around 10:00am I was riding my bicycle on Trafalgar Road south bound towards Upper Middle Road when I exchanged unpleasantries with a motorist who felt that I was not entitled, as a cyclist, to a lane of the road. I subsequently informed the Halton Regional Police of the exchange by telephone and was advised by the communications officer that in fact I am supposed to remain as far to the right side as safely possible, in short share the lane with motor vehicles.
As a result of this exchange I reviewed the Ontario Highway Traffic Act as posted online at: http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90h08_e.htm and found the following somewhat ambiguous rules as applied to cyclists:
“vehicle” includes a motor vehicle, trailer, traction engine, farm tractor, road-building machine, bicycle and any vehicle drawn, propelled or driven by any kind of power, including muscular power, but does not include a motorized snow vehicle or a street car (Section 1.1)And slow moving vehicles are defined as:
Vehicles (other than bicycles, motor assisted bicycles and disabled motor vehicles in tow) that are not capable of attaining and sustaining a speed greater than 40 kilometres per hour on level ground when operated on a highway. (Section 76.2.2)Yet
On the one hand sections 1.1 and 76.2.2 seem to imply that on my bicycle I am on a vehicle and as such entitled to the same access to our roads as any motorist. (Ironically with respect to section 76.2.2 when the altercation I described above took place I was actually traveling faster than the 40 kilometres per hour cut off for slow moving vehicles, roughly 47 kilometres per hour according to my bike’s computer.) Yet section 148.6 would suggest that I am supposed to yield my lane to any overtaking motor vehicle.Every person on a bicycle or motor assisted bicycle who is overtaken by a vehicle or equestrian travelling at a greater speed shall turn out to the right and allow the vehicle or equestrian to pass and the vehicle or equestrian overtaking shall turn out to the left so far as may be necessary to avoid a collision. (Section 148.6)
Now I believe I understand the rationale behind section 148.6 on a back country road where there might hardly be enough room for two cars to drive side by side, and finding a car, let alone two, on such a road might happen with such infrequency that pulling over is completely reasonable, but such a rule is, to be entirely frank, lunacy, in an urban setting.
Any given day that I decide to ride on an urban or suburban road I am forced to contend with potholes, swear grates, motorists who open doors without looking (the dreaded “door prize”, which one might recall resulted in a fatality in Toronto last summer when a motorist “doored” a cyclist on Eglinton Ave.) In addition to the stationary dangers, a cyclist’s ultimate terror are the motorists who choose to pay greater attention to their cell phone, makeup, car entertainment system, or whatever else, as opposed to traffic around them. Furthermore, when a motorist hits a cyclist, the cyclist is, if lucky only seriously injured. I am unaware of any motorist being hurt from a collision with a cyclist.
Therefore I am asking that a greater effort be placed on publically explaining what a cyclist is entitled to, do I get the full lane or should I let cars pass me? Clearly recent events with former Attorney General Bryant (http://www.thestar.com/News/GTA/article/689220) suggest that one way or another the rules of the road are not well understood. I would also suggest in a world of greater environmental consciousness and declining oil reserves that more freedoms be granted to cyclists, after all encouraging cycling should reduce the overall cost of health care and road maintenance in Ontario.
I thank you for your time and consideration
Michael Cole
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