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December 23, 1997

 

 

NEW CITY OF TORONTO COUNCIL:

 

 

I am enclosing for your information and any attention deemed necessary, Clause No. 2 contained in Report No. 21 of The Planning and Transportation Committee, headed "Investigation of Bicycle Fatalities by the Regional Coroner for Metropolitan Toronto", which was adopted, as amended, by the Council of The Municipality of Metropolitan Toronto at its meeting held on December 10 and 18, 1997.

 

May I draw your attention to the amendment by Council found at the beginning of the Clause.

 

 

Metropolitan Clerk

 

R. Walton/csb

 

Encl.

 

Clause sent to: Chair, Toronto Transition Team

New City of Toronto Council

Chair, Metropolitan Toronto Police Services Board

Chief Coroner, Province of Ontario

Regional Coroner for Metropolitan Toronto

 

 

Clause embodied in Report No. 21 of The Planning and Transportation Committee, as adopted by the Council of The Municipality of Metropolitan Toronto at its meeting held on December 10 and 18, 1997.

 

 

 2

INVESTIGATION OF BICYCLE FATALITIES BY

THE REGIONAL CORONER FOR METROPOLITAN TORONTO.

 

(The Metropolitan Council on December 10 and 18, 1997, amended this Clause by adding thereto the following:

 

"It is further recommended that the Regional Coroner for Metropolitan Toronto be requested to recommend immediately that all `traffic calming' proposals be subject to improved safety conditions for cyclists.")

 

The Planning and Transportation Committee recommends:

 

(1) the adoption of Recommendations Nos. (1), (3)(b) and (4) of the Metropolitan Cycling and Pedestrian Committee, embodied in the following Committee Transmittal (October 17, 1997) from the Metropolitan Clerk, viz:

 

"That the Regional Coroner for Metropolitan Toronto be requested to:

 

(1) conduct a full inquest into recent cyclist deaths in order to fully air their circumstances and to establish prevention strategies;

 

(3)(b) recommend immediately to the Metropolitan Toronto Police Services Board that improved liaison be established with the Metropolitan Cycling and Pedestrian Committee to pursue a wide range of joint initiatives; and

 

(4) replace the word "accident" with the word "collision" in all reports and recommendations of the Regional Coroner;";

 

(2) that the following Recommendations Nos. (2) and (3)(c) of the Metropolitan Cycling and Pedestrian Committee be referred to the appropriate Standing Committee of the New City of Toronto Council:

 

"that the Regional Coroner for Metropolitan Toronto be requested to:

 

(2) advance, on an interim basis while the inquest is being prepared and conducted, all recommendations respecting cycling fatalities, including those contained in the brief dated June 17, 1997, from Metropolitan Toronto and the City of Toronto, the following recommendations of the Metropolitan Cycling and Pedestrian Committee, and other cycling groups, in order that work to prevent further cycling deaths can proceed immediately; and

 

(3)(c) recommend immediately to the appropriate Committee of the New City of Toronto Council that a complete system of bicycle lanes be developed and that education programs for cyclists and motorists be planned to target certain key groups such as truck and other large vehicle drivers;";

 

(3) that Council endorse the following Recommendation No. (3)(a) of the Metropolitan Cycling and Pedestrian Committee, and refer such Recommendation to the appropriate Standing Committee of the New City of Toronto Council:

 

"(3)(a) that the Regional Coroner for Metropolitan Toronto be requested to recommend immediately to the Toronto Transition Team that a cycling and pedestrian committee, including citizens, interest groups and elected Councillors, be incorporated into the design of the new megacity decision-making structure, and that this committee be adequately staffed in order to be able to effectively pursue cycling and pedestrian safety initiatives;"'

 

(4) that Recommendation No. (5) of the Metropolitan Cycling and Pedestrian Committee be received, viz:

 

"(5) that the Regional Coroner for Metropolitan Toronto be requested to include the Metropolitan Cycling and Pedestrian Committee in the consultation process and any other processes that are recommended."; and

 

(5) that a copy of this Clause be forwarded to the Toronto Transition Team for information:

 

Recommendations:

 

The Metropolitan Cycling and Pedestrian Committee at its meeting held on September 17, 1997, recommended to the Planning and Transportation Committee, and Metropolitan Council, that the Regional Coroner for Metropolitan Toronto be requested to:

 

(1) conduct a full inquest into recent cyclist deaths in order to fully air their circumstances and to establish prevention strategies;

 

(2) advance, on an interim basis while the inquest is being prepared and conducted, all recommendations respecting cycling fatalities, including those contained in the brief dated June 17, 1997, from Metropolitan Toronto and the City of Toronto, the following recommendations of the Metropolitan Cycling and Pedestrian Committee, and other cycling groups, in order that work to prevent further cycling deaths can proceed immediately;

 

(3) recommend immediately:

 

(a) to the Toronto Transition Team that a cycling and pedestrian committee, including citizens, interest groups and elected Councillors, be incorporated into the design of the new megacity decision-making structure, and that this committee be adequately staffed in order to be able to effectively pursue cycling and pedestrian safety initiatives;

 

(b) to the Metropolitan Toronto Police Services Board that improved liaison be established with the Metropolitan Cycling and Pedestrian Committee to pursue a wide range of joint initiatives; and

 

(c) to the appropriate Committee of the New City of Toronto Council that a complete system of bicycle lanes be developed and that education programs for cyclists and motorists be planned to target certain key groups such as truck and other large vehicle drivers;

 

(4) replace the word "accident" with the word "collision" in all reports and recommendations of the Regional Coroner; and

 

(5) include the Metropolitan Cycling and Pedestrian Committee in the consultation process and any other processes that are recommended.

 

The Planning and Transportation Committee submits the following communication (August 28, 1997) from Metropolitan Councillor Jack Layton, Co-Chair, Metropolitan Cycling and Pedestrian Committee:

 

Attached is a compilation of recommendations which have been submitted by staff at Metro and the City of Toronto concerning cycling fatalities.

 

I joined a wide variety of stakeholders at a recent meeting with the Coroner. He is requesting feedback on the recommendations in the July 17, 1997, list. I proposed that our Committee provide feedback immediately.

 

I would invite you to review the recommendations and propose any additions or changes which you feel are appropriate. Below is a list of recommendations I would suggest which I hope you will consider.

 

Recommendations:

 

The Metropolitan Cycling and Pedestrian Committee recommends to the Coroner that:

 

(1) a full inquest into recent deaths of cyclists be conducted in order to fully air the circumstances and to establish prevention strategies;

b(2) while the inquest is being prepared and conducted, actions such as those suggested in the list of recommendations from Metro and the City as well as those suggested below and from other cycling groups be advanced on an interim basis by the Coroner in order that work to prevent further cycling deaths can proceed immediately;

 

(3) he recommend immediately to the Toronto Transition Team that a Cycling Committee, including citizens, interest groups and elected Councillors be incorporated into the design of the new megacity decision-making structure, and that this Committee be adequately staffed in order to be able to effectively pursue cycling safety initiatives;

 

(4) he recommend immediately that improved liaison between the Metropolitan Toronto Police Service and the Metropolitan Cycling and Pedestrian Committee be established to pursue a wide range of joint initiatives;

 

(5) he recommend immediately that Metro develop a complete system of bicycle lanes;

 

(6) education programs for cyclists and motorists be planned to target certain key groups such as truck and other large vehicle drivers;

 

(7) he replace the word "accident" with "collision" in his reports and recommendations;

 

(8) the Metropolitan Cycling and Pedestrian Committee be added to the Coroner's consultation process and any further consultation process which is recommended; and

 

(9) all of these recommendations be adopted and forwarded directly to Metropolitan Council for approval, given the time element and the fact that the Planning and Transportation Committee will no longer be meeting.

 

I hope that you will find these recommendations helpful.

 

 

City-Metro Recommendations to Coroner's Investigation of Bicycle Fatalities

 

June 17, 1997

 

Recommendations:

 

(A) Bicycle Accident Reporting:

 

(1) "That the definition of `reportable accident' be expanded to include all bicycle accidents resulting in injury or fatality or property damage exceeding $700.00 (same criteria as used for motor vehicle accidents)."

 

Currently, a bicycle accident is only reportable if a motor vehicle is involved. This may require changes to the Highway Traffic Act (HTA). For example, the HTA section 173 (1) states, "Every person in charge of a motor vehicle or street car who is directly or indirectly involved in an accident shall, if the accident results in personal injuries or in damage to property apparently exceeding an amount prescribed by regulation, report the accident forthwith to the nearest provincial or municipal police officer and furnish him with such information concerning the accident as may be required by the officer under sub-section (3)."

 

Incident reports record less information than do accident reports. Using the accident report form for recording bicycle accidents which do not involve a motor vehicle will contribute to a more consistent, accurate recording and analysis of bicycle accidents involving injury. Bicycle accidents which do not involve injury or meet the property damage threshold could continue to be recorded on the incident report. This proposed change in reporting procedure would be an important message to the cycling community that bicycle accidents are treated as seriously as motor vehicle accidents.

 

It should be noted this is a change from Recommendation No. (4) made by the Coroner in the inquest into the death of Mr. Herman Matesich (1991). Recommendation No. (4) stated, "That the incident report form currently being used by the Metropolitan Toronto Police be revised to specify bicycle accidents and that any such revision should be compatible with the development of future computer programs that would facilitate the collection of bicycle statistics." The incident report has been modified to specify bicycle accident under "type of incident".

 

The explanatory note following Recommendation No. (4) states, "This form is currently used for bicycle accidents which do not involve motor vehicles or those which are not reportable under the HTA section 173. It is coded but only one copy is made. Unless that coding picks up the bicycle involvement, no survey of bicycle accidents will retrieve the incident involved. This is a small but reasonable change to the front of the form. (Currently a manual record of bicycle accidents is kept using, largely, these forms...)."

 

A copy of the recommendations from the Matesich Inquest is attached as Appendix A.

 

(2) "That bicycle accidents be reportable at any Metro Police Station. Cyclists should not be required to report their accidents at a Collision Reporting Centre (CRC). The following actions would facilitate this:

 

(a) educating Police Officers, cyclists and drivers about the accident-reporting procedure for cyclists (this could include a "what to do following a bicycle accident" flyer [with a map showing police station locations] and including some of this information in the existing CRC flyer);

 

(b) showing locations of Police Stations on the Metro Cycling Map (and encouraging other bicycle map producers to do the same) with advice on how to report bicycle accidents; and

 

(c) providing CAN-BIKE training (half-day course) for Officers who are involved in accident reporting, investigation, data coding and analysis."

 

In the interest of collecting reliable data for cycling accidents it is important that bicycle accidents be easily reportable.

 

With the advent of Collision Reporting Centres (CRC) it is more difficult for cyclists to report accidents. Approximately 65 per cent. of reported bicycle accidents occur in the central region of Metro (Cities of Toronto and York and Borough of East York) yet there are no CRCs in this area. The remote location CRCs were "created to assist motorists in reporting motor vehicle collisions in the Greater Toronto Area" (Source: CRC pamphlet).

 

(B) Accident Data Collection and Coding:

 

(3) "That the following fields of the Ontario Motor Vehicle Accident Report be coded by the Metropolitan Toronto Police Service (in addition to those already being coded):

 

- Type of Involved Person (request that all involved persons be coded, regardless of injury);

- Injury of Involved Person (e.g., minimal, major, fatal);

- Traffic Control Device (e.g., stop sign, traffic signal);

- Road Surface Condition (e.g., dry, wet, ice);

- Safety Equipment (e.g., helmet, lap belt only);

- Location Co-ordinate (e.g., intersection, midblock);

- Driver/Pedestrian Condition (e.g., fatigue, ability impaired - over 80 mg); and

- Vehicle Identification Number (VIN).

 

Coding these fields means this data will be available for analysis by Metro Transportation's Traffic Data Centre. It is important to understand the distinction between coded and reported accident information. When a collision occurs, the Police have a legal obligation to complete all of the fields on the Motor Vehicle Accident Report. This is the "reported" information. The Metropolitan Toronto Police Service then code some of the fields and enter the coded fields into their accident management system - CARS. Only the coded information is easily accessible for analysis.

 

The following fields are currently coded by the Metropolitan Toronto Police Service into CARS:

 

- Report Number (report ID number);

- Street Names;

- Date of Collision;

- Accident Classification (e.g., Fatal, Personal Injury);

- Drivers' Names and Addresses;

- Accident Time;

- Charges Laid;

- Type of Involved Persons (information is only coded for persons injured - e.g., driver, cyclist);

- Age of Involved Persons;

- Vehicle Manoeuvre;

- Type of Property Damage;

- Weather;

- Initial Direction of Travel;

- Geo-Coding for Accident Location;

- Alcohol Involved;

- Insurance Information; and

- Tow Truck Information.

 

(C) Expert Review of Bicycle Accidents and Accident Data:

 

(4) "That a team involving Metropolitan Toronto Police Officers and municipal staff (involved in traffic engineering, bicycle facility planning and bicycle safety training) be established to conduct an investigation following each cyclist fatality in the Metropolitan Toronto area and review, on an annual basis, bicycle accident data in order to identify:

 

(a) probable causes of accident (behavioral, geometric design, road condition, etc.);

 

(b) high frequency accident locations;

 

(c) bicycle accident/injury trends;

 

(d) physical infrastructure improvements to prevent accidents (site specific or systemic changes); and

 

(e) educational messages for drivers, cyclists and the media; and any other relevant issues."

 

Currently, there is little co-ordination between Police Officers who investigate/reconstruct accidents and the municipal staff who may be able to make changes to roadways and develop educational material and programs to prevent common accident types. An ongoing cooperative approach to bicycle accident investigation and analysis could result in more effective preventive measures for reducing bicycle accidents.

 

(D) Accident and Injury Prevention:

 

Education:

 

There is a general lack of understanding among drivers, cyclists, municipal traffic engineering staff and some Police Officers about the rules of the road affecting cyclists and about how cyclists should safely operate a bicycle in mixed traffic. The following recommendations identify strategies to ensure that bicycle safety information reaches a wider audience in a more systematic way.

 

(5) "That Metropolitan Toronto municipalities identify ongoing funding sources to expand cycling accident/injury prevention programs. These programs could include, for example:

 

(a) more widespread availability of CAN-BIKE training for adults and youth;

 

(b) publishing regular road safety reports that highlight common accident types and ways to prevent them; and

 

(c) production of a bicycle safety video for use in driver training programs, police training programs, in schools and other programs."

 

Although bicycles are disproportionately represented in traffic accidents relative to their numbers on the road, the development and delivery of cycling-related injury prevention programs is hampered by the lack of ongoing funding. Time and energy is spent trying to secure funds rather than carrying out programs that will increase safety. Typically, about ten per cent. of reported traffic accidents in the City of Toronto each year which result in injury involve cyclists. Bicycles constitute between three per cent. and ten per cent. of total traffic on many downtown streets, averaging about five per cent. of traffic crossing the Central Area Cordon if expressways and their ramps are excluded (Source: March 9, 1993, report, "Bicycle Lanes and Routes - Various Locations", by the Department of Public Works and the Environment).

 

(6) "That the Ministries of Transportation and Health, in co-operation with local municipalities, police forces and cycling groups, develop and fund programs that would increase awareness of Ontario's bicycle helmet law and encourage the use of helmets by all ages."

 

In the Matesich Inquest, the Coroner supported the passage of Bill 124 which, at the time, would have required all cyclists in the Province of Ontario to wear approved bicycle helmets. In supporting Bill 124, the Coroner went on to recommend, "That any such legislation be accompanied by awareness programmes that would encourage and support the use of helmets."

 

Bill 124 was subsequently amended and adopted by the Legislature and came into effect on October 1, 1995. Cyclists, age 17 and younger, are required to wear helmets. There has been no Provincial co-ordination or funding for making the public aware of the new law or to promote the use of helmets. Helmet use promotion has been left to local communities to develop. Provincial funding and coordination would greatly enhance efforts to increase compliance with the provincial helmet law and encourage helmet use.

 

(7) "That additional cycling safety information be included in the Province of Ontario's Official Bus Handbook and Official Truck Handbook when these handbooks are reprinted."

 

It should be noted that the inquest into the death of Mr. Herman Matesich (1991) resulted in the following recommendation: "That the Driver's Handbook be revised to include a section that would educate motorists as to the implications of the increased use of bicycles as a means of transportation." The new Official Driver's Handbook (1995) includes more cycling content (see Appendix B). The Official Bus Handbook and the Official Truck Handbook each have one reference to watching out for cyclists in the section dealing with right turns. They advise, "When it becomes necessary to `block' off another traffic lane, make sure that smaller vehicles, motorcycles, or cyclists are not attempting to move up along the right side of your vehicle." Given the high likelihood that a collision with a cyclist will result in the cyclist's death, it would be useful to highlight specific strategies for operators of large vehicles to share the road with bicycles.

 

(Note: The Ministry of Transportation Cycling Skills booklet includes two pages of text and diagrams providing advice on dealing with buses, trucks and streetcars.)

 

(8) "That the Ministry of Transportation establish criteria for cycling content to be included in driver training and driver instructor/examiner training programs."

 

Incorporating CAN-BIKE training information into driver training programs would provide information that is not currently available to new drivers.

 

Enforcement:

 

(9) "That the Metropolitan Toronto Police Service, in partnership with municipal Cycling Committees, expand targeted enforcement and education efforts towards specific behaviours (cyclists and drivers) which cause accidents, and use the media to raise awareness of these behaviours."

 

At the present time, the Toronto City Cycling Committee works with Metro Police on a S.P.A.C.E. Program (a selective traffic enforcement program). The Province of Ontario was considering expanding this program on a Provincial scale in 1995 as part of the safety strategy around the bicycle helmet legislation. The program was not expanded after the helmet legislation was amended to apply only to cyclists 17 years of age and younger.

 

(10) "That drivers and cyclists be given the option to take an `approved' CAN-BIKE training session in lieu of paying a fine for cycling-related traffic infractions."

 

A CAN-BIKE training course would be a proactive and effective approach to increasing skill and knowledge of road users and to changing attitudes towards safety. Metro Police and the Cycling Committee could develop a strategy based on cost recovery to implement this program.

 

Legislative Review:

 

(11) "That the Ministry of Transportation establish an expert review process (involving provincial, police and municipal representatives and cycling organizations) to recommend changes to the Provincial Highway Traffic Act and municipal by-laws so that they are more consistent and understandable with respect to cycling and cyclists and therefore easier to promote and enforce."

 

In the past decade, many North American jurisdictions have revised their vehicle codes to make them more consistent with current thinking on bicycle safety. Some Ontario Highway Traffic Act sections affecting cyclists are not consistent with educational and enforcement priorities for reducing accidents. For example, the night-time visibility requirements are extremely difficult to comply with and the fine for not having a light is only a fraction of the fine for not having a "bell, horn or gong", a much less serious infraction from an accident prevention viewpoint.

 

Road Design/Facilities:

 

(12) "That Metropolitan Toronto municipalities identify potentially dangerous locations for cyclists, including high frequency accident locations and cyclist-identified problem areas where site specific improvements can be made to prevent bicycle accidents."

 

While Toronto municipalities are developing bicycle routes and lanes as part of an overall strategy to improve safety for cyclists, there are many locations that are not identified to be improved for cyclists because they are not part of an official route. Making spot improvements at locations that are known to be hazardous to cyclists, identified from accident data and by cyclists themselves, will enhance cyclists' safety. The City of Toronto's hazardous catch basin cover replacement program, in which catch basin covers are replaced systematically (as part of annual reconstruction programs, on high priority cycling streets and at locations identified by cyclists) is a good model of how a "bicycle safety spot improvement program" could operate.

 

Large Vehicles and Bicycles:

 

(13) "That the Ministry of Transportation investigate the feasibility of requiring `side guards' for large trucks and trailers operated in urban areas to prevent pedestrians and cyclists being run over by the rear wheels in collisions with large vehicles."

 

Side guards are a legal requirement in the U.K. and in Europe (Appendix C) to reduce injuries to pedestrians and cyclists. According to the Cyclists' Touring Club 1996 report, "Bikes and Heavy Goods Vehicles", 30 per cent. of cyclist fatalities are the result of collisions with heavy goods vehicles, yet these vehicles represent only about seven per cent. of the volume of traffic on British roads and are involved in only seven per cent. of recorded incidents of perceived danger (Appendix D).

 

In Toronto, the likelihood that a cyclist will die as a result of a collision increases significantly if a large vehicle is involved. For the years 1985-95 large vehicles* were involved in six per cent. of reported bicycle accidents (864 of 13,475 accidents -- Sheet 5, Chart 11) yet they were involved in 44 per cent. of cyclist fatalities (15 of 34 accidents -- Sheets 6, Chart 15). In at least two of the 1996 fatalities, the cyclist was crushed under the rear wheels of a truck. Side guards, as required in the U.K. and Europe, are designed to reduce the risk of a cyclist or pedestrian being dragged under the rear wheels.

 

(* Assumption: Large vehicles include nondescript trucks, streetcars, school bus, bus other, TTC, tractor-trailer, dump truck, closed truck, and open trucks [Sheet 5, Chart 11].)

 

 

The Metropolitan Cycling and Pedestrian Committee also had before it a communication (August 25, 1997) addressed to Councillor Jack Layton, Co-Chair, Metropolitan Cycling and Pedestrian Committee, from Dr. William J. Lucas, Regional Coroner for Metropolitan Toronto, forwarding the responses received by the Office of the Regional Coroner respecting suggestions for formulating specific recommendations for the Coroner's investigation into cyclist fatalities, together with recommendations dated June 17, 1997, previously received by the Regional Coroner; requesting that the aforementioned recommendations be reviewed and comments submitted to the Office of the Regional Coroner; and advising that the Metropolitan Toronto Police Service has been requested to prepare a document, in simplified format, containing the data of the review of cyclists' collisions over the previous 11 years.

 

Metropolitan Councillor Ila Bossons, Toronto - Midtown, appeared before the Planning and Transportation Committee in connection with the foregoing matter.

 

   
Please note that council and committee documents are provided electronically for information only and do not retain the exact structure of the original versions. For example, charts, images and tables may be difficult to read. As such, readers should verify information before acting on it. All council documents are available from the City Clerk's office. Please e-mail clerk@city.toronto.on.ca.

 

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