Update: January 8, 2011 Toronto is Ready to Invest in the Safety of Cyclists,December 22, 2010 Toronto’s First Count of Downtown Cyclists (Sept. 2010) , November 8, 2010 Week Long Pedestrian Safety Campaign/Blitz, October 10, 2010 Bike Boxes , September 16, 2010 Private Member’s Bill requires a minimum of one metre paved shoulder be added whenever designated provincial highways are repaved to reduce accidents/fatalities , August 26, 2010 Police Lay 400 Charges Against Cyclists/Pedestrians , May 19, 2010 Motorists Must Stay 3,4 or 5 Feet Away from Bicyclists , March 29, 2010 Toronto’s Zero-Tolerance Bicycle Blitz , November 16, 2009 Most Dangerous Intersections for Pedestrians – Toronto (2008) , October 12, 2009 Idaho Stop Law , September 7, 2009 Toronto Police Bicycle Safety Blitz , March 21, 2009 Bicycle Accidents Toronto, Reported in 2008 , December 20, 2008 City of Toronto Considering Installing “Rumble Strips”
see source, Star
Toronto police are calling on the City of Toronto and the Province of Ontario to review the by-laws of the City and the Legislation of the Province surrounding bicycles on sidewalks, since they say the laws are decades old and need to be reviewed and updated.
The City of Toronto’s Public Works and Infrastructure Committee recommended Wednesday that council work on an enforcement strategy to get cyclists off the sidewalks, including a single fine for cyclists who venture into pedestrian territory.
A City bylaw allows cyclists with a tire size of 61cm or 24 inches or less to ride on the sidewalk. The intent of this bylaw is to allow young children to cycle on the sidewalk while they learn to ride. The bylaw is based on wheel size because it is difficult for Police to enforce age-based bylaws, as most children do not carry identification. This is a municipal bylaw and rules vary in communities across Ontario.
Effective October 3, 2009, the Province of Ontario declared that conventional style and scooter-style e-bikes that meet the definition of a power-assisted bicycle, are permitted on roads and highways where conventional bicycles are currently allowed. They must follow the same rules of the road as set out in the Highway Traffic Act (HTA) that currently apply to cyclists.
Since the Province of Ontario declared that eBikes will follow the same rules and regulations as bicyles two (2) years ago, problems have emerged. Since Vespa-style electric bikes or scooters are built with smaller wheels, the outdated bylaw allows some e-bikers to legally use sidewalks. Apparently many of these eBikes have a tire size under 61 centimetres or 24 inches. This allows eBikes that weigh hundreds of pounds, which can reach 30 km/h, to ride on the sidewalk with pedestrians and children. The intent of this bylaw, allowing cyclists with smaller tire sizes to ride on the sidewalk, was designed for children learning to ride their bikes.
There are many hazards involved when cycling on the sidewalks. If a cyclist hits a pedestrian or a pet, the injuries can be severe. Seniors and small children are especially vulnerable and can fall merely by being startled. Anyone with a visual or hearing impairment is at increased risk.
The Toronto bylaw states that riding a bicycle with tire size over 61cm (24 inches) on sidewalks is prohibited, as is riding/operating a bicycle (or roller skates, in-line skates, skateboard, coaster, toy vehicle) on a sidewalk without due care and attention and reasonable consideration for other
The fine in downtown Toronto for not following this bylaw is $90 and aggressive cyclists can also be charged with careless driving.
THE RULES NOW
Bicycles: Drivers are expected to use bike lanes or roads. Only bicycles with tires less than 61 cm in diameter are legally allowed to use the sidewalk. Cyclists have the right to take up a whole lane if it is not wide enough to share.
Electric bicycles: The province has deemed them bicycles, not motorized vehicles. Drivers are expected to follow the same rules as a cyclist.
Motorized wheelchairs: Drivers are expected to follow the same rules as pedestrians and travel at a walking pace. Drivers are not permitted to travel on roads unless the sidewalk is unsafe, due to snow or some other obstruction. If they must use the road, they are expected to keep to the side. Drivers are not permitted to use bike lanes.
Mopeds: Drivers are expected to follow the same rules as cars. Mopeds are not allowed on sidewalks or in bike lanes.
Segways: In pilot-test phase until October 2011. They are allowed on sidewalks and roads when driven by Canada Post workers, police officers and those aged 14 or older with mobility issues.
Cyclists: (NSF= $ No Set Fine) (HTA = Highway Traffic Act)
section 103.1(2) of the HTA – $85.00 fine
section 104(1) of the HTA – $85.00 fine
section 104(2) of the HTA – $85.00 fine
section 104(2.2) of the HTA – $60.00 fine
section 148(6) of the HTA – $85.00 fine
section 148(6) of the HTA – $120.00 fine
section 148(6) of the HTA – $85.00 fine
Keep in mind that the fines that are reflected above are not the total payable amount, in the event that you fight your ticket and lose or if you just pay it.
On top of the fine is victim fine surcharges (explained below) and the court costs of $5.00. The two (2) most common fines found under the pedestrian/cyclist headings are a $35.00 fine and an $85.00 fine. Here is the breakdown for those two fines:
$35 fine + victim fine surcharge of $10.00 + $5.00 court costs = Total Payable $50.00
$85 fine + victim fine surcharge of $20.00 + $5.00 court costs= Total Payable $110.00