Appendix "B"
Suggested amendments to the Highway Traffic Act
Section 62(14) Lamps Required (Equipment)
No person shall use a lamp, other than the vehicular warning
signal lamps commonly known as four way flashers, that produces intermittent
flashes of red light.
The "spirit" of this section is to restrict motor vehicles from using
lighting which may resemble emergency vehicles. The rear light commonly
used by cyclists is a rapidly flashing red light which is highly visible,
but technically in violation of the HTA.
Section 62 (17) Lamps Required (Equipment)
When on a highway at any time from one half-hour before sunset to one-half
hour after sunrise every bicycleshall carry on the front thereof a light
lamp displaying a white or amber light and on the rear thereof a lighted
lamp displaying a red light or a reflector approved by the Ministry, and
in addition there shall be placed on the front forks thereof white reflective
material and on the rear thereof red reflective material covering a surface
of not less than 250 millimeters in length and 25 millimeters in width.
It is not practical, (and in some cases impossible) for most modern
bicycles to accommodate the amounts of tape now required by the H.T.A.
Clothing with reflective tape or material could enhance cyclists' visibility
when there is insufficient light. The intent of this section is that the
cyclist and his or her vehicle should be visible. Some degree of flexibility
in how this is to be achieved would be desirable.
Section 128 - Rate of Speed
This section applies only to motor vehicles and streetcars. Modern
bicycles are commonly capable of exceeding speed limits on city thorough
fares. Wording should be amended in this section to enforce the concept
that bicycles are vehicles as well.
Section 130(2) Careless Driving
Maintaining an appropriate and safe distance between motor vehicles
and bicycles need more emphasis in the HTA.
Suggested wording for consideration is as follows:
Upon passing a bicycle, drivers or operators of motor vehicles shall
maintain a distance of least 1 meter beside. Upon traveling behind the
bicycle, drivers or operators of motor vehicles shall maintain a distance
of at least 3 meters behind. Where a traffic lane is too narrow to share
safely with a motor vehicle, it is legal for a bicycle to take the whole
lane by riding in the center of it.
The source for this recommendation is the Ontario Ministry of Transportation
Cycling Skills (1985) publication. Motor vehicle operators must appreciate
that a bicycle is a vehicle and is entitled to dominate a lane where it
is appropriate to do so. This concept is widely taught in bicycle skill
training courses.
Section 141(2)(5)(6) Turns
Wording in this section should be reviewed to identify the rights
of bicycles as vehicles occupying the roadway.
In urban centers, there is a concern about motorists turning right
at an intersection at the same time that a cyclist is proceeding straight
through the intersection. In situations where bicycle lanes exist, the
problem is compounded even further as the motor vehicle is positioned further
to the left in the curb lane.
Section 142(5) Right Turn Signal
The use of the left arm to indicate a right turn is ambiguous and
leads to confusion. The use of the right arm is clearer and easier for
children to comprehend, as they can be taught simply to point in the direction
of their intended turn. The Official Driver's Handbook, published by the
Ministry of Transportation of Ontario (1995) states on page 22 "when watching
for signals made by others, remember that cyclists may signal right turns
by holding their right arms straight out". The option of using this "alternate"
right turn signal when visibility and safety allow should be included in
the HTA.
Section 147(1) Slow Vehicles to Travel on Right Side
Any vehicle traveling upon a roadway at less than the normal speed of
traffic at that time and place shall, where practicable, be driven in the
right-hand lane then available for traffic or as close as practicable to
the right-hand curb or edge of the roadway.
A clear definition of "where practicable" is necessary. This section
may be contradicted by Section 148(2) which may place the bicycle (vehicle)
in an unsafe or dangerous location on the roadway. (See below)
Section 148(2) Vehicles or Equestrians Overtaken
Every person in charge of a vehicle or on horseback on a highway who
is overtaken by a vehicle or equestrian traveling at a greater speed shall
turn out to the right and allow the overtaking vehicle or equestrian to
pass.
Suggested wording changes to be considered for this section are as
follows:
"Every person...... traveling at a greater speed shall, when safe
to do so, turn out to the right as close as practicable and allow......".
Section 148(5) Vehicles or Equestrians Overtaking Others
Every person in charge of a vehicle or on horseback on a highway
who is overtaking another vehicle or equestrian shall turn out to
the left so far as may be necessary to avoid a collision when the vehicle
or equestrian being overtaken, and the person overtaken is not required
to leave more than one-half of the roadway free.
Section 148(6) Bicycles Overtaken
Every person on a bicycle or a motor assisted bicycle who is
overtaken by a vehicle or an equestrian traveling at a greater speed shall
turn out to the right......
The theory of safe cycling proposes that every person who is in charge
of a bicycle on a highway is a vehicle and should operate their vehicle
as would the driver of a car, motorcycle or truck etc. CAN-BIKE Cyclist
Training teaches cyclists to travel a straight line to be visible and predictable.
This regulation re-enforces the negative idea that cyclists should "get
out of the way". Section 148(6), should therefore be omitted from the Act
as the contents of Section 148(5) appear to cover the issue.
Section 148(8) (Passing Meeting Vehicles)
No person in charge of a vehicle shall pass or attempt to pass another
vehicle going in the same direction on a highway unless the roadway, (a)
in front of and to the left of the vehicle to be passed is safely free
from approaching traffic and (b) to the left of the vehicle passing or
attempting to pass is safely free from overtaking traffic.
While the HTA is not specific on what constitutes sufficient room
for overtaking, it would appear that the Ministry of Transportation driver
examiners expect a driver to do a complete lane change while passing a
cyclist. In low speed urban areas, it is preferable for the driver to pass
a cyclist by straddling the center line, thereby allowing half a lane clearance
for the cyclist. This maneuver creates a safer environment both for the
cyclist and the motor vehicle operator.
Section 150(1) Passing to Right of Vehicle
The driver of a motor vehicle may overtake and pass to the right of
another vehicle only where such movement can be made in safety and, (a)
the vehicle overtaken is making or about to make a left turn or its driver
has signaled his or her intention to make a left turn; (b) is made on a
highway with unobstructed pavement of sufficient width for two or more
lines of vehicles in each direction; or (c) is made on a highway designated
for the use of one-way traffic only.
This section should be amended to read vehicle and not just motor vehicle. A person who is operating a bicycle on a highway
will at some time be required to pass another vehicle to the right, as
would the driver of a motor vehicle. CAN-BIKE programs emphasize passing
to the right of a motor vehicle "only where such movement can be made in
safety."
Appendix "C"
Selected bibliography and references
-
Cycle Use and Collisions in Christchurch
Transit New Zealand Research Report No. 7
Christchurch Cycle Safety Committee, 1991
-
Ontario Road Safety Annual Reports, 1993, 1994
Safety Policy Branch
Safety and Regulations Division
Ministry of Transport, Ontario
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The Effectiveness of Bicycle Helmets: A Report for the Motor Accidents Authority of New South Wales,
Australia - 1995 by Dr. Michael Henderson
-
Bicycle City 2001 -
Creating A Bicycle Transportation Plan for the City of Toronto
The Toronto City Cycling Committee's Vision for the Future
-
Bikes and Heavy Goods Vehicles
CTC Occasional Paper No. 3, 1996
Paper by Gavin Maclean and Colin Graham
The Office of the Regional Coroner for Toronto would like to
thank all the Committee participants for their valued contribution
to this project.
Special acknowledgment is also offered to the Traffic Services
Division of the Toronto Police Service, without whose help an analysis
of the data would not have been possible.
Prepared by: