Cycling and the law

Cycling and the law seem to be a hot topic this week. On Thursday, Mark Treyger, a New York City councillor, brought a bill to the city council that would ban cyclists from texting or talking on their cellphones while riding. Treyger says that he felt that the bill was necessary after he saw a texting cyclist veering into oncoming traffic and nearly causing a multi-car crash. The bill, however, is not without its critics.

“It’s not like we’re in favour of texting cyclists, but there’s no evidence to say that distracted cycling or texting cyclists even register as a significant, or even insignificant, cause of injuries and fatalities on the street,” said Transportation Alternatives executive director Paul Steely White to Stephen Miller of StreetsBlog NYC. “It’s a shame that limited legislative bandwidth is being consumed by what’s really a distraction.”

For a Canadian perspective on the issue of texting and riding, I spoke with Staff Sgt. James Hogan of 14th Division in Toronto. He’s the head of the division’s community response unit and manages roughly 40 bicycle police. He says that while Ontario, as well as all other province and territories except for Nunavut, have fines for motorist texting and driving, that law does not apply to cyclists. However, a cyclist could be charged with careless driving and hit with a $490 fine.

“When I see cyclists on cellphones in downtown Toronto, my first thought is to wonder why they are so heedless of their own safety,” Hogan says. “Personally, I do not warn them because they are not committing any offence and common sense is not something that can be legislated. If there are other cycling issues they are having, for example missing equipment or an inability to ride in a reasonably straight line, I may take the opportunity to talk to them in a general way about how they can be a better and safer cyclist (and give them one of our pamphlets).”

While Hogan is a great resource for me on issues related to cycling and traffic law in Ontario, a new, national resource on cycling and Canadian law has recently been released. Every Cyclist’s Guide to Canadian Law by Ottawa law professors, and cyclists, Craig Forcese and Nicole LaViolette is fresh off the printing press. On Friday, the two authors will be signing books at the Toronto International Book Fair.

I was excited when a copy of the book arrived. Since 2007, U.S. riders have had Bob Mionske’s excellent Bicycling & the Law for guidance. The authors of Every Cyclist’s Guide to Canadian Law say Mionske’s work inspired them to write their book. It covers everything from your rights and duties on the road, what do after an accident, what to do if your bike is stolen and even the regulations and responsibilities of running a club. It’s a good mix of hard fact and an accessible style. They even reference a Kids in the Hall bit. I’m looking forward to reading Forcese and LaViolette’s insights.

https://www.youtube.com/watch?v=Fc_a0pbeuqU