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Saturday, June 14, 2008

On incompetent policing

Today I went for another group ride, here is the route:


According to my GPS it was actually over 78km, by my rough numbers we averaged a nice gentle 30 km/h. It rained, it shined, and on Lakeshore on the return trip there was a cop at a speed trap by the Legion Hall. (Here is a hint, if you are driving on Saturday Morning on Lakeshore, don't speed, there are speed traps up and down the road.)

The cop started waving us onto the bike trail. I yelled back that he should read the Highway Traffic Act. Here is why:

Section 1.1 clearly defines a bicycle as a vehicle, as I have written here previously. Section 76.1 then states: No person shall operate a slow moving vehicle on a highway... except that section 76.2.2 states: The following are slow moving vehicles:... Vehicles (other than bicycles, motor assisted bicycles and disabled motor vehicles in tow) that are not capable of attaining...

This language implies that there was an explicit effort to exempt bikes from requirements to avoid highways, which according to the HTA: “highway” includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof; (“voie publique”).

In fact there is an explicit provision for cyclists on highways, section 104.2.1: No person shall ride on or operate a bicycle on a highway unless the person is wearing a bicycle helmet that complies with the regulations and the chin strap of the helmet is securely fastened under the chin.

Yes, we were all wearing helmets, I think its a requirement of club, not that it needs to be in this day and age, anyone who doesn't wear a helmet, doesn't have anything worth protecting.

Its bad enough when drivers are clueless, but when the cops don't know the law that they are supposed to enforce, that is really frustrating.

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