Is a cyclist at fault for riding through an intersection? In the Star's Wheels section a cyclist asks Eric Lai whether he was wrong to ride across an intersection. This cyclist was told by a cop that he was at fault for getting hit by a left turning vehicle while crossing the intersection.
Here's the Question:
Q: While riding my bicycle on the road, a car traveling in the opposite direction turned left in front of me at an intersection, causing me to collide with it.
At the hospital, police advised: "You're at fault because the law states that whenever a cyclist crosses an intersection, they have to get off their bicycle and walk. It doesn't matter if you're riding on the sidewalk or on the road."
Even though I had the right of way on a green light, the officer insists that a cyclist is considered a pedestrian and not a vehicle.
I feel I've been wronged and a careless driver escaped responsibility.
Jim Yeh, Markham
It could be the Star edited the question, or that the cyclist isn't telling us that he was actually riding in the crosswalk. There are by-laws about riding in the crosswalk in most cities, though it seems less a crime than running into someone. In fact, one of the responses suggests there was more to it: "The officer believed that the cyclist was riding "along" the edge of the crosswalk, not necessarily in it, but even if he was on the right edge of the roadway along the crosswalk, the law requires the cyclist to dismount and walk across the intersection."
If we got the same question given to the Sergeant and Ontario transportation ministry spokesperson, and bike union spokesperson, Yvonne Bambrick, then the responses by the authorities look ignorant and prejudiced against cyclists. I'd prefer to think that The Toronto Star just did a bad edit on the question, but that makes Eric's response mysterious too. Eric addresses the question of whether the cyclist was in the crosswalk or not:
A bicycle is considered a "vehicle" under Section 1(1) HTA. If he's anywhere (left, right or centre) within his proper lane as required by Section 154 HTA, then I believe the crosswalk is a non-issue.
Basically, it hinges on this: Did he remain within the through-traffic lane (no violation in my opinion), or did he move outside of that lane and ride alongside the crosswalk?
Well, so who was told what? Given all the facts it tends to make the officials a bit prejudiced, and that just might be an indicator of their default thinking regarding cyclists: law-flaunting individuals who might not deserve to get hit, but it will certainly teach them a lesson they won't soon forget.
Comments
Seymore Bikes
Some Pedals
Tue, 04/07/2009 - 12:24I see the trike has pedals, so using them for short distances or on level or levelish ground would extend battery life - is that possible?
Trikester
E-trike peddling
Wed, 04/08/2009 - 14:45Oh yes I peddle when I can, that's why I didn't get the scooter sort.
It's really just a trike with a battery. So I peddle on the levels and downhills and sometimes a bit uphill. Due to weight I use the throttle to start after a stop [while peddling] pulling up hills and "getting going' at stops so I can peddle the rest.
And yes, it should do about 10 miles on top throttle power alone. So if I peddle half of it, I'd likely get 20 miles. I'm still learning so we'll see over time just how much the mileage might vary as I get used to it all.
As I get more info, I'll ride it more. Soon as the snow and cold dies out a bit:-)
There's a great grocery store I want to go to. Uphill there, downhill back. I'd need peddle assist to get there--likely I'd peddle or cruise home. I'll blog it when I do it.
Also, I want to rig my camera up from the rider's point of view as well as pointing backwards because jittery as that would be, I think it might be a real eye-opener to cyclists and drivers on just what really happens that we don't see!
Anonymous (not verified)
Pedal vs. Peddle
Wed, 04/08/2009 - 15:12Unless you're wandering around trying to sell your trike, I think you mean to say that you PEDAL it, not peddle it.
Pedaling: to work or use the pedals, as in playing an organ or propelling a bicycle.
Peddling: to carry (small articles, goods, wares, etc.) from place to place for sale at retail; hawk
"Peddle assist" would be like bringing along an assistant salesperson.
Trikester
Yes I know this.
Wed, 04/08/2009 - 15:29Yes I know this. Thanks.
However, typing a quick note on a forum is hardly being paid to spend the hours editing for a paid article.
I think we have more important problems to discuss than the occasional spelling or grammatical errors.
Dramaturge (not verified)
peddle vs. pedal vs.
Wed, 04/08/2009 - 16:19I prefer to "petal" my bike - because I look cool doing it in Kensington Market, and because I am a lifelong fan of Guy Lafleur!
Trikester
Petalling
Thu, 04/09/2009 - 13:18laffin here.
We could get some of those blow in the wind garden flower ornaments and then we really WOULD be "petalling":-)
Trikester
The more batteries--the more
Wed, 04/08/2009 - 15:21The more batteries--the more weight.
The point about wattage is that if one is limited to 500 watts instead of strictly speed then one cannot attach a single 1,000 watt battery at less weight and use it for twice as long.
One can get something with larger amperage but that's not going to help going uphill.
So, that 500 watts still limits the length of time and the sorts of riding one can do. The issue with only 500 watts is exactly how I was splattered in our underground driveway.
If one has an e-bike and attaches both front and back wheels to motors for different riding capabilities they could be arrested because both batteries combined would be MORE than 500 watts.
So effectively, it is limiting.
vic
Power
Wed, 04/08/2009 - 16:03I still think you're confusing your motor's power and the battery's capacity.
It's the motor that is rated in watts, not the battery.
Batteries are rated by voltage, and power capacity (mAh). As I said before, you're allowed to attach a 1231235 billion mAh battery to your e-bike and ride around forever.
http://en.wikipedia.org/wiki/Battery_(electricity)#Battery_capacity_and_discharging
http://en.wikipedia.org/wiki/Bicycle_performance
"On firm, flat, ground, a 70 kg man requires about 100 watts to walk at 5 km/h. That same man on a bicycle, on the same ground, with the same power output, can average 25 km/h". "Elite track sprinters are able to attain an instantaneous maximum output of around 2,000 watts, or in excess of 25 watts/kg; elite road cyclists may produce 1,600 to 1,700 watts as an instantaneous maximum in their burst to the finish line at the end of a five-hour long road race."
500W seems like a perfectly reasonable limit for an electric-assist bike's power. I've read of other jurisdictions limiting the motor's power to 250W.
Trikester
500w Disadvantages
Thu, 04/09/2009 - 13:29I don't think this 100lb trike would even go uphill at 250 watts. The fact it's only 500 means some inclines [at least on bigger e-assist cycles] impossible. I doubt I'd get up the Coxwell hill, for example without popping a wheelie and rolling back down, trike over teakettle.
Thanks for the explanation--I stand corrected.
Where it gets stupid and stops folks from using e-vehicles is trying to get up underground parking lot inclines when underground parking lots are actually great places with electrical outlets, to store them. I didn't know this until I wound up getting hurt or I wouldn't have bought it. So I do have to warn anyone--this is a serious disadvantaged if you aren't able-bodied enough to push an e-scooter/trike/bike up a serious incline.
Kevin Love
If I were you, I would cheat
Thu, 04/09/2009 - 23:20Speed limits for bikes make sense, and are enforcable with radar and all the other ways police enforce speed limits. Power limits? Most police cars do not have an electronic test lab in the back seat. I fail to see any practical way of enforcing a power limit.
To quote my old Army sergeant-major: "Never give an order you can't enforce." Wise man.
Nor do I see any rational public purpose to a power limit. The effect of a power limit is to slow the bike down going up hill. This is a good idea? Why?
I suspect that the origin of the power limits was in what I will now officially name "John Henry syndrome."
"Before I let that steam drill beat me down,
I'll die with my hammer in my hand."
The idea that a machine's power output should not exceed that of a human being was not a bright idea in John Henry's time. Nor has it improved since.
John Henry syndrome. Remember, you heard it here first. :)
Cars don't have a legal power limit. The idea that bikes should is just more anti-bike bigotry.
My advice would be to get a Chrystalyte or Nine Continents conversion kit with a 20 amp controller, and run it at 72 volts. This will give 1,440 watts of power, which should be enough to get you up hills. For controlling the speed, I personally recommend the Cycle Analyst sold by ebikes.ca. This allows one to easily set the system so it will not go over the 32 km/hr legal speed limit. If that is too fast, it can be easily programmed for 20 km/hr or any other speed.
Svend
I agree, go ahead and
Fri, 04/10/2009 - 08:17I agree, go ahead and increase the power wattage if it means you can climb the underground parking ramp.
Trikester
@Kevin Good Ideas
Mon, 04/13/2009 - 12:04Love the "John Henry Syndrome".
If I had it to do over and knew what I knew now--I'd have bought a simple lower-to-the ground 6 speed trike [less tippy in potholes] and done a conversion with a Crysalite conversion kit. Then the FRONT wheel would pull, less weight in the ass end and would be better uphilling without tipping backwards.
Unfortunately, at the time I made the best decision I could with the available resources. I'm no mechanic or engineer.
What's even weirder with the speed laws is that most e-cycles/scooters can go 32mph but due to tippyness on corners most trike motors are stuck at the 12-15 mph mode.
There really must be better ways to do this!
locutas_of_spragge
1 meter/1 second
Mon, 04/06/2009 - 19:21I agree with the one meter passing requirement, and I would add this as well: to pass another vehicle in the same lane, operators of motor vehicles should have to slow down to match its speed, while staying behind and at least one meter clear of the vehicle they want to pass. The passing vehicle would have to stay behind, at the same or a slightly lower speed, for no less than one second, then pass at least one meter away. That would deal with the "whoosh" phenomenon, where a car passes both close and at a very high relative speed. Most of the time, I don't think motorists realize how alarming this can feel to an unprotected cyclist, but I suspect some drivers pass that way out of an unconscious or a conscious desire to intimidate cyclists.
John G. Spragge
Mariner, cyclist, pilot
geoffrey
Safe Passing
Mon, 04/06/2009 - 20:47http://www.toronto.ca/cycling/coroner_appendix.htm
"Suggested amendments to the Highway Traffic Act
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."
New Hampshire has a graduated 3 foot passing law:
http://commutebybike.com/2008/05/20/new-new-hampshire-bicycle-laws/
"Three foot passing laws are all the rage right now, but New Hampshire’s three foot law has an interesting twist: an additional foot of clearance is required for every 10 mph over 30 mph that the passing vehicle is traveling."
geoffrey
Topical Streetsblog post
Tue, 04/07/2009 - 19:42http://streetsblog.net/2009/04/07/law-enforcement-bias-and-the-three-foo...
Trikester
@Tom RE: Recovery
Mon, 04/06/2009 - 09:06That has the elements of a great plan.
There has to be a major overhaul of how cycling is viewed. That includes changes in the law to accommodate cyclists and hold motorists accountable.
It also means encouraging and financing the research into electrical vehicles. Winterizing, water/salt proofing and expanding the possibilities so those who aren't necessarily athletic can enjoy the benefits of a less automobile based culture.
Zenn cars aren't even legal in Ontario which is ludicrous.
Then it's also public education.
HONKA! HONKA!
http://trikester.wordpress.com/
Tanya Q (not verified)
Noiseless cars
Mon, 04/06/2009 - 11:05Zenn stands for Zero Emissions, No Noise I believe. I don't think I'd like the idea of "no noise" vehicles that could travel at speeds of 50 km/h and more. Its good to be able to hear something that can kill you if you collide with it.
Svend
That's a valid point, Tanya
Mon, 04/06/2009 - 11:48The Zenn vehicle only goes 40 kph, it's built in Canada with headquarters in Toronto. It would be an ideal car for city driving for many people, I don't see why it wouldn't be legal if they made a cute little chirping or buzzing sound.
Makes more sense than throwing money at GM anyway.
AnnieD
I sense a business
Mon, 04/06/2009 - 12:43I sense a business opportunity for an enterprising young soul. "Personalized sound add-ons for Zen car drivers! Tired of the standard "sound of waves" or "wind chimes" package that came with your car? We make a whole range of sound packages for your silent vehicle!"
At least we'd know to head for the sidewalk when we hear the cars with the "grouchy driver" sound add-on approaching. That's the car spouting off obscenities and things like "Get out of my way!" "Use your blinker, stupid" etc.
Probably another delay getting Zen cars on the road as the government hammers out legislation regulating volume and content of car sound add-ons. :)
Annie
Tom Flaherty
More Cow Bell
Mon, 04/06/2009 - 15:52I've been passed by a hybrid vehicle, they're pretty quiet also. I'm OK with quiet vehicles - the electric motor and wheels turning do provide some sound.
Trikester
Noise
Tue, 04/07/2009 - 11:06It's pretty bad when we're so inundated by noise pollution that quieter scares us.
If all the streets quietly had Zenn cars we could hear them, it's like e-scooters. They DO make noise, it's just that cars drown it out.
The truth is, we can't depend on ears as cyclists. The noise level on the streets is too high for us to accurately determine what is going on from sound alone.
dash (not verified)
I once sat down and read all
Mon, 04/06/2009 - 10:07I once sat down and read all the cycling bylaws. I had the pleasure of finding out that we're all breaking the law daily by taking one hand off the bars to signal a turn. Of course if we were to keep both hands on the bars at all times, we'd be breaking the law by not signaling turns.
The point is, the laws need to be reviewed, and the police and public need to be fully informed.
Cyclists make spur of the moment decisions every day in order to ensure their own safety. They'll jump a curb if they're getting crowded out of their lane. They'll move over to the cross walk if they're getting crowded at an intersection. They'll do any number of things to ensure survival.
Unfortunately, the mantra every cyclist must keep is "always assume the motorists or pedestrians are about to do something bonkers, and react before they can do it" Even more unfortunately, the motorists must assume the same of cyclists. Most unfortunate of all, is that many in either group don't actually follow that mantra.
BOTH groups are always doing illegal things. It's a vicious circle. The rules need to be properly reviewed, altered and then properly enforced. Until then, always assume something crazy is about to happen and you'll notice that the number of close calls you have will go WAY down.
Trikester
Ludicrous [for dash]
Wed, 04/08/2009 - 15:22That's the exact sort of lunacy written for the benefit of cars.
Frankly, I think that particular set of rules is exactly why cyclists must fight to completely overhaul the law.
bad credit pers... (not verified)
Looks like the author has
Fri, 06/05/2009 - 19:14Looks like the author has far-reaching erudition in the subject matter. Thanks you for the news. payday cash advance payday cash advance payday cash advance payday cash advance
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