3 laws that Canadian municipalities need

From Vancouver’s Stanley Park to Toronto’s Bloor Street, we’ve seen bike lanes targeted for various reasons. These regressions in public safety always get us thinking about what our elected officials could do to keep us safe proactively, rather than removing the few measures we do have. With best practices in mind, we’ve put together three safety-focused bike laws from around the globe that we’d like to see in Canada. They would go a long way to making cycling safe and accessible.

Vulnerable road user legislation

We need vulnerable road user legislation. It accounts for the unique exposure of pedestrians and cyclists on our roadways vis a vis motorists. In many provinces, drivers who injure or kill someone on the road face minimal sentencing. If charged, most drivers end up paying small monetary fines and, in some cases, are not required to attend court.

VRU legislation attaches more significant penalties to incidents involving injury or death of a cyclist or pedestrian in a collision with a motor vehicle. The laws would act as a deterrent against driving dangerously. Those who cause harm to cyclists or pedestrians would face mandatory court appearances to face victims and family, driver re-education so drivers can learn how to be safe, community service—for example, educating others on how to be safe drivers—and licence suspension until the above requirements have been met.

In the U.S., a number of states have VRU laws that provide specific processes and penalties. Oregon even has a separate offence recognizing vehicular assault against cyclists and pedestrians. This law, which addresses motorists who weaponize their vehicles, can complement or provide an alternative charge for law enforcement.

The Idaho stop

The Idaho stop is another change to our laws that would benefit not only cyclist safety but that of motorists as well. By permitting cyclists to treat shop signs like yield signs, if things are clear, you reduce incidents of collisions and delays in traffic. Given the name, you probably guessed this law originated in Idaho, which it did in 1982. A U.S. National Highway Traffic Safety Administration fact sheet published in March 2023 reported that stop-as-yield and red-light-as-stop-sign laws “showed added safety benefits for bicyclists in states where they were evaluated, and may positively affect the environment, traffic and transportation.”

A 2010 study showed a 14.5 per cent decrease in bicyclist injuries after the passage of the original Idaho Stop law. A Delaware state-run study of the Delaware yield law concluded that it reduced injuries at stop-sign controlled intersections by 23 per cent.

Belgium and France have red-light-as-yield for cyclists in certain cases, meaning you can advance cautiously through a red.

Citizen reporting

Frequently, a motorist will park in a bike lane or on a sidewalk. It forces you, a cyclist or pedestrian, to detour into the street and into motor-vehicle traffic. When vehicles block bike lanes and/or sidewalks, it’s not just an inconvenience and safety hazard, it’s against the law.

We’ve repeatedly called for automated enforcement and citizen reporting of bike-lane parking and other road safety issues. We would love to see Canadian municipalities consider employing technology and community solutions like the bike-lane parking enforcement cameras in Chicago, or citizen-led bike lane bounty programs discussed in New York and Austin, Texas.

“This law, which addresses motorists who weaponize their vehicles, can complement or provide an alternative charge for law enforcement.”

In 2022, New York City Councillor Lincoln Restler introduced a bill that would give civilians the power to report bike-lane blockers, as well as vehicles that block entrances or exits of school buildings, sidewalks and crosswalks. New Yorkers who submit evidence of a parking violation would earn 25 per cent of a proposed $175 ticket. The law has yet to be passed as an election disrupted its advancement through the legislature, but it does provide a glimpse into what is possible in this arena.

Safe streets and safe cycling require a multifaceted approach. From bike lanes and robust driver-training programs and laws that send clear messages that we as a society understand the particular vulnerabilities of people on bikes but at the same time want to encourage this fabulous form of transportation and exercise. It’s for these reasons we’d love to see the above laws take root across Canada.

Dave Shellnutt is the founder and managing partner of The Biking Lawyer LLP, lawyers for injured cyclists, thebikinglawyer.ca.