FAR FROM EXEMPT
New rules of the road in Ontario can apply to cyclists, too,
Last week, changes to the Highway Traffic Act were unveiled that will become law in the fall. They include:
Increased fines for distracted driving to a maximum of $1,000 and three demerit points;
Sanctions for drugging and driving will be the same as for drinking and driving;
Pedestrians must be allowed to completely cross the road at school crossings and pedestrian crosswalks before drivers can proceed;
Increased fines and demerit points for drivers who “door” cyclists, and require all drivers to maintain a minimum distance of one metre when passing cyclists.
Now, some cyclists may think the rules of the road don’t apply to them, but they’re wrong: they can be charged and fined just like motor vehicle drivers.
Even though there is no provision for distracted driving, a charge of careless driving can be levelled when cyclists behave in a manner deemed to be dangerous to themselves or others.
That includes haphazardly weaving in and out of traffic; not having both hands on the handle bars; being obstructive; or posing a risk to motorists, other riders, pedestrians or themselves.
“Bicycles are a vehicle under the Highway Traffic Act,” said Const. Clint Stibbe, with the Toronto Police traffic services unit. “So, there are a number of charges that are available to officers for offences cyclists may commit.”
While cyclists may appear to be less likely to be caught for failing to stop for traffic signals and stop signs than drivers, the laws still apply.
Bike riders don’t face demerit points. However, convictions can affect their driver insurance rates, and failure to pay fines will prevent cyclists from getting a driver’s licence in the future, until they pay all outstanding fines.
Under the HTA, fines range from $110 (which includes a $5 court fee and a
$20 victim surcharge) for disobeying stops signs or lights, to $490 and up to $2,090 for careless driving, depending on the circumstances and whether an accident occurs, damage is done and people are injured.
Municipal bylaws include such violations as failing to keep both hands on the handlebars or riding on sidewalks, with fines usually set at the same rate as Highway Traffic Act charges.
“We have to keep in mind that any- one operating on the road is a common user of the road. It’s not necessarily always about laying the charge, but about education,” said Stibbe. “Sometimes when you misjudge that level of risk you can end up dead.” Henry Stancu and Sean Wetselaar are staff reporters for the Toronto Star. For more Toronto Star Wheels automotive stories, go to thestar.com/autos. To reach Wheels Editor Norris McDonald: nmcdonald@thestar.ca Though the concept of fines for distracted driving is nothing new, the provincial government has made moves recently to crack down even further on the practice.
The Making Ontario’s Roads Safer Act, which was recently passed in Queen’s Park, is aimed at making the province’s roads safer, and reducing the number of collisions.
New laws about distracted driving will ding drivers found texting or on the phone with an increased fine – from $60-300 to $500-1,000.
Drivers who’ve lost focus will also face three demerit points upon conviction of a distracted driving offence.
Novice drivers would face a 30-day suspension of their license upon first conviction, with punishments as severe as cancellation of their licence on a third conviction.
And let’s not forget one of the most common accusations by cyclists in the driver-cyclist war — dooring. That is drivers opening their doors and hitting cyclists.
The new laws would increase penalties for drivers who door a cyclist by the same margin as distracted driving convictions, with a maximum fine of $1,000, and three demerit points, up from two. All drivers are also expected to keep a distance of at least one metre when passing cyclists, where possible. Basically, try to treat cyclists like a vehicle on the road, because as Stibbe points out, that’s exactly what they are.