Transportation - Cycling

Safety and Equality in Cycling Transportation

May 2007

A proposal for an Amendment to the Ontario Highway Traffic Act, (HTA) was addressed to Mr. Michael Prue, MPP to be submitted to the Minister of Transportation regarding the “dashed portion” of cycling lanes at intersections, that allows drivers to use the bicycle lane to make a right turn, thus, to intercept and impede cycling traffic.

The present plan as listed in the provincial website of the Ministry of Transportation, Cycling skills, Item #5 Riding in traffic http://www.mto.gov.on.ca/english/pubs/cycling/cyclingskills.htm#traffic is Unsafe and Unfair to cyclists who give up their right of way in the bicycle lane to automobile traffic.

Yet, this practice is not in compliance with the HTA, R.S.O 1990, c. H.8, s. 144 (8) Yielding to traffic: When under this section a driver is permitted to proceed, he or she shall yield the right of way to traffic (in this case cycling traffic) lawfully using an intersection …

AIR POLLUTION COALITION
761 Queen Street West, Suite 101
Toronto, ON M6J 1G1
Tel: 416.686.7322
E-M: ecopol1@ecopolitics.ca

Mr. Michael Prue, MPP
1821 Danforth Avenue
Toronto, ON M4C 1J2

18 April 2007

Dear Mr. Prue:

This is a request to amend the Highway Traffic Act (HTA) regardingR.S.O. 1990, c H8, s 141 (2) where a bicycle lane has been designated.

Whereas the Toronto Bicycle/Motor-Vehicle Collision Study, 2003 City of Toronto Transportation Services Division, listed 224 collision cases at intersections with motorists making right turn (not at red light) and 179 cases with motorists making a right turn at red light, of a total 2,574 collisions involving cyclists,

I request the amendment of the Highway Traffic Act (HTA) regarding rule R.S.O. 1990, c H8, s 141 (2) where a bicycle lane has been designated, and to pass into law the proposal to have a solid line to the intersection, separating the bicycle lane from traffic lane. This will allow cycling traffic to safely proceed straight ahead or make a right turn.

As in multiple lanes, drivers will make right turns according to R.S.O. 1990, c. H8, s. 141 (3)

1. Where the driver or operator of a vehicle intends to turn to the right into an intersecting highway shall approach the intersection by keeping immediately to the left of the bicycle lane and leave the intersection in the lane of the intersecting highway that corresponds to the lane from which the turn was commenced, R.S.O. 1990, c. H8, s. 141 (3)
   
   Exception:
   
   A driver of a road service vehicle entering an intersection within a lane other than one described in subsection (2) or (3) may make a right turn from the approach lane if the turn can be safely made. R.S.O. 1990, c.H.8, s.141 (4).
   
   
2. Where the driver of a motor vehicle intends to turn right into an intersecting highway, he/she should approach the intersection by keeping immediately to the left of the solid line of the designated bicycle lane, yield to cycling traffic and proceed when safe to do so.
   
   
3. Proposal is in accordance with HTA R.S.O. 1990, c. H.8, s. 170 (12). Vehicles interfering with traffic: … no person shall park or stand a vehicle on a highway in such a manner as to interfere with the movement of traffic. This should be respectively applicable to cycling traffic, when drivers turning right stand on a bicycle lane.
   
   
4. Furthermore according to the Toronto Municipal By-Law No. 62-91.
   
   (2) Where a lane of a highway has been designated for the use of bicycles only,
   

   (b)	no person shall stop a vehicle other than a bicycle in such lane … Provided that this section shall not be deemed to prohibit a taxicab from stopping while actually engaged in loading or unloading passengers.

   
   Chapter #194: 194-6 and 194-9 The bicycle lane is for the use of cyclists.
   
   The bicycle lane can not in any reasonable sense be considered a separate lane for traffic, as automobile insurance companies claim “an adjacent lane”, Regulation 668 under the Insurance Act.

I trust that my request for review of the HTA regarding the amendment of the existing law on right turns by motorized vehicles traveling on bicycle lanes, will be considered by the Ministry of Transportation to ensure safety for all vehicle operators, especially cyclists at intersections.

Sincerely,

Lela Gary

Note: In effect: Right turn at intersection R.S.O. 1990, c. H.8, s. 141 (2) Unsafe  and  Unfair  manoeuvre

Proposed Change of R.S.O. 1990, c. H.8, s. 141 (3)

YIELD means YOU MUST LET ANOTHER PERSON GO FIRST A right turning car Yields to crossing Pedestrians and in this case it Yields to a Cyclist moving straight forward. Car “A” turning right SHALL Yield to Both. Likewise, a car that turns left Yields to Traffic proceeding straight and to crossing pedestrians, the car that turns right, Shall Yield to Cycling Traffic proceeding straight. Cars A and B turning right, shall turn to the lane of the intersecting highway that CORRESPONDS TO THE LANE from which the turn was commenced, R.S.O. 1990, c. H8, s. 141 (3)