Ontario failing to protect cyclists, pedestrians
The province should follow the lead of other jurisdictions and adopt a Vulnerable Road Users law.
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Some jurisdictions now specifically recognize the vulnerability of cyclists and pedestrians. New York, Oregon and Washington have passed
Vulnerable Road User laws, which impose harsher penalties and consequences on a motorist who injures or kills a vulnerable road user, defined as a pedestrian, cyclist, road worker, or person using a mobility device.
Pedestrian and cycling deaths in Toronto alone this year make clear that it’s time for Ontario to implement similar measures. A generation ago harsher penalties for impaired driving also changed conduct and attitudes — and saved lives.
The new law or changes to the HTA would include treating road infractions differently when a vulnerable road user is harmed so that the offence becomes, for example, “careless driving” or “leave road not in safety” that caused injury or death to a vulnerable road user. (Where not already the case, the onus to prove reasonable care would fall on the motorist.)
Motorists would be required to attend court for sentencing. New penalties would include the requirement to take road safety courses; the imposition of community service related to road safety; the suspension of a driver’s license and increased demerit points (as have recently been added for dooring a cyclist); and the availability of jail, particularly where there is another aggravating factor.
Treating offences involving vulnerable road users in a special manner gives clear direction to police, prosecutors, and judicial officials to deal with such collisions as preventable tragedies instead of unfortunate accidents.