Well, well. Toronto's finest have been known to lay some dumb charges against cyclists over the years. Like the infamous tickets for not putting your foot down when stopping at a stop sign. Now, for many years, I have heard lots of reports about them trying to hand out demerit points to those cyclists who had a driver's license while handing out tickets. I think not. Read below and please contact Advocacy for Respect for Cyclists if you have been treated that way over a traffic ticket while riding your bike.
The following is the official word from the City about this issue:
Correction: The June issue of Cyclometer contains incorrect information about the Highway Traffic Act as it applies to bicycles. We apologize for the error. Please note of the following correction:
The HTA defines bicycles are defined as vehicles. As vehicle operators, cyclists are subject to most of the same HTA requirements as drivers of motor vehicles. However, there are some important differences. The application of demerit points is an important difference.
According the the Ontario Ministry of Transportation, "the demerit point system only applies to certain offenses committed in a motor vehicle. However, I understand that on rare occasions demerit points are in error assigned to the driving record of an individual for an offense committed on a bicycle. When the Ministry of Transportation is notified of such occurrences, the error is immediately corrected." (1993 letter from Ontario Minister of Transportation to the Chair of the Toronto Cycling Committee)
We continue to hear that cyclists are being charged with demerit points in error. If you are being given a summons by a police officer ask them to clearly indicate that the "vehicle type" is "bicycle" on the Provincial Offenses Notice. If the notice is submitted to the Ministry of Transportation without a bicycle being indicated then it could be
mistakenly coded as a motor vehicle offense.
Note: Some of the fines listed in Cyclometer were also incorrect. The fine for running a red light on a bike or motor vehicle is $190. Bikes are required to have a front light and a rear reflector beginning a half hour before sunset until a half hour after sunrise.
For more information on the fines for cycling offenses Visit
http://www.toronto.ca/cycling/pdf/hta.pdf
Comments
Kevin Love (not verified)
It didn't do me any good
Wed, 06/18/2008 - 22:47An ill-trained police officer gave me a ticket for using an electric bicycle without a motorcycle license. I didn't get any response whatsoever from my email to Advocacy for Respect for Cyclists.
Fortunately, my complaint to the chief of police led to the charge being withdrawn and an apology being given to me. No thanks to ARC.
Darren_S
Doing any good.
Thu, 06/19/2008 - 18:04Kevin, we are on the hunt for the volunteer who did not answer your email in a timely fashion. Once found we will have them quickly shot and pissed on. Sadly they would have probably told you the same thing, file a complaint and see what comes of it. Everyone has to follow the same process, as annoying as it is. If it did not resolve itself after the initial complaint we would have pointed you to different legal options.
There may be a short delay in the search as we argue amongst ourselves if a person riding an electric bicycle is really a cyclist or not.
Paul (not verified)
Demerit Points deducted regardless
Thu, 06/19/2008 - 12:59I was tagged for making a right turn through a stop sign at a t-intersection (Morningside & Ellis Aves, Toronto ). The police officer was waiting and pointed out that he was tagging cyclists in particular because of complaints. This was at 7:30AM! There wasn't a car or pedestrian in site, and I think the only danger I posed was a danger to myself.
The officer clearly marked that the no motor vehicle was involved, and yet 3 demerit points have been deducted. It is now up to me to have this error corrected. This is no easy task, since I have to go the the provincial court office where the ticket was issued, and in my case this is nowhere near my home or office. This means I will have to take time off work to get there, because the office is only open 8:30 - 4:30 Mon to Fri.
I saw a news item this week indicating that Toronto cyclists are being targeted again for safety infractions. This means that many people will be losing demerit points this week, and risk having the license suspended and/or their auto insurance rates increased.
Write to your councilor and complain. City hall's priorities are all wrong!
Yvonne (not verified)
Re: Demerit Points deducted regardless
Thu, 06/19/2008 - 15:52Hi anonymous.
Sorry to hear about your ticket and the mistake of the officer.
We at the bike union have had a media request to comment on this issue and they are looking for someone who has lost demerit points for a cycling infraction. Might you be interested in venting on the radio?
Get in touch via bikeunion.to if yes.
Mark Evans (not verified)
The Police and Tickets
Fri, 06/20/2008 - 16:03Yes, the police may be giving bicyclists unfair tickets but there's a bigger issue here: bicyclist need to stop flaunting the law if we're going to get more respect from the police and drivers. A good start would be bicyclists stopping at red lights. The number of bicyclists who happily ride through red lights is troubling because it's a lack of respect for the law, drivers and other bicyclists. Drivers get made when they see this happen, and then take it out on bicyclists who ride safely and properly.
Mark
Darren_S
Weird logic Mark.
Fri, 06/20/2008 - 17:40Mark, the last three incidents where I had contact with a car while riding, albeit minor, did so while I was in the process of stopping / or stopped for a red light or stop sign. So you are telling me they did it because they were mad at some other cyclist who blew a stop sign? Had a driver try to run me off the road because he thought I was acting like a motor vehicle by signaling my intention to turn left.
Your apologetic non-sense is tiresome and is petty. What these drivers need is counselling at the very least, they are in no position to judge cyclists... unless of course we return to the laws' of the jungle.