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In the absence of clear definitions in the HTA, I'm referring to MTO publications for cyclists and motorists. In a court case, the Justice would take this literature into consideration, albeit assessing fault and a fine may be tricky outside of the HTA, but assessing damages wouldn't be since this is civil law.

The MTO publications have come a long way, even in the last five years, as that pertains to cyclists and their rights. From the Driver's Handbook. I'll quote the really relevant point here: "Do not follow too closely behind cyclists. They do not have brake lights to warn you when they are slowing or stopping."
Entire section here:
Sharing the road with cyclists
Bicycles and mopeds travelling at a lower speed than other traffic are expected to ride about one metre from the curb or parked cars, or as close as practical to the right-hand edge of the road when there is no curb. However, they can use any part of the lane if necessary for safety, such as to:


  • Avoid obstacles such as puddles, ice, sand, debris, rutted or grooved pavement, potholes and sewer grates
  • Cross railway or streetcar tracks at a 90° angle
  • Discourage passing where the lane is too narrow to be shared safely
  • A bike lane may exist adjacent to parking bays (See Diagram 2-10)
diagram2-10.jpg

Diagram 2-10
Cyclists are not required to ride close to the right edge of the road when they are travelling at or faster than the normal speed of traffic at that time and place, or when they are turning left, or getting in position to turn left. (Cyclists are permitted to make a left turn from a left-turn lane, where one is available.)

When passing a cyclist, drivers of motor vehicles are required to maintain a minimum distance of one metre, where practical between their vehicle and the cyclist. (See Diagram 2-11.) Failure to do so may result in a fine in the range of $60 to $500 and an additional two demerit points on the driver’s record. Whenever possible, you should change lanes to pass.
Do not follow too closely behind cyclists. They do not have brake lights to warn you when they are slowing or stopping.

Intersections – To avoid collisions with bicyclists at intersections, remember the following:

diagram2-11.jpg

Diagram 2-11
  • When turning right, signal and check your mirrors and the blind spot to your right to make sure you do not cut off a cyclist.
  • When turning left, you must stop and wait for oncoming bicycles to pass before turning.
  • When driving through an intersection, be careful to scan for cyclists waiting to turn left.
Do not sound your horn unnecessarily when you are overtaking a cyclist. It may frighten them and cause them to lose control. If you feel that you must use your horn, tap it quickly and lightly while you are still some distance away from the cyclist.
Bike lanes are reserved for cyclists. They are typically marked by a solid white line. Sometimes you will need to enter or cross a bike lane to turn right at a corner or driveway. (See Diagram 2-12) Take extra care when you do this. Enter the bike lane only after ensuring that you can do so safely, and then make the turn.

Watch for cyclists' hand signals. A cyclist may indicate a right-hand turn by extending their right arm.

Try to make eye contact when possible with cyclists.
diagram2-12.jpg

Diagram 2-12

Bike boxes help prevent collisions between motorists and bicycles at intersections. It is typically a painted box on the road with a white bicycle symbol inside. Bicycle lanes approaching and leaving the box may also be painted. As a driver, you must stop for a traffic signal behind the bike box. Do not stop in the box. See (Diagram 2-13)

Sharrows A bicycle sharrow, two chevrons painted above a bicycle symbol on the road, indicates the lane is shared. Vehicle or bicycle traffic may be in the lane. Although you should always keep on the lookout for bicyclists, this serves as an additional warning to watch for them in the lane. See (Diagram 2-14)

diagram2-13.jpg

Diagram 2-13

Children riding bicycles on the street may lack the necessary training and skills for safe cycling. They may not be aware of all the dangers or the rules of the road. Watch for children on oversized bicycles, as they may not have the ability to control it. When parked on the side of the roadway, look behind you and check your mirrors and blind spots for a passing cyclist before opening a door.
http://www.mto.gov.on.ca/english/dandv/driver/handbook/section2.3.2.shtml

Not a lot of drivers would have a clue on many of those points. And neither would many cyclists!

Which brings me to a point I never would have thought I would have supported in years past: Retesting for motorists every few years to make sure they are aware of the rapidly changing HTA, especially as that relates to cyclists....and the big bugaboo: I now favour testing of *cyclists* and a licence necessary for at least some cycling facilities like separated bike lanes. Believe me, I'm a Libertarian, but it's getting freakin' crazy out there. The *clear majority* of Toronto cyclists haven't a clue on some very important facets of safety protocol, let alone the law. And it's putting my safety of that of many other safe and serious cyclists in jeopardy.

Frankly, it would help if the cops cracked down on idiot cyclists, and the Province would raise the fines. Ditto with motorists. This has been done for 'dooring', but it's got to be raised again. You play with a gun, they throw you in jail. What's the difference? Cars...or more correctly...*drivers* kill magnitudes more people than guns do. And they get a slap on the wrist for doing it in almost all cases. The only saving grace for cyclists is that the mass of their vehicle and body is a fraction of that of a car. But they make up for that by being such idiots.

To be clear, I doubt very much any of the posters in this string aren't good or exceptional cyclists, or you wouldn't be posting here and discussing these matters. My concern is to somehow limit the number of cyclists sharing the road to those who can think and act rationally.
 
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Then move them. It seems every 10 years or so we rip up the tracks, and instead of considering options for improved layout, we just put the new tracks where the old ones were.

http://nacto.org/publication/transi...nes-transitways/transit-lanes/side-rail-lane/
First off, the tracks *aren't* "where they were". Apparently you don't know the history of the street. That entire street was dug out to put in new sewers, and then put back down with the tracks in a new alignment, albeit, *for the most part* similar to where they were before, but with jogs and refinements to allow them to be closer to the streetcar passenger loading jetties, which were combined with the cycle lanes.

Here is what I wrote and was discussed prior:
The present arrangement is very much a compromise
And it is. I'm sorry Admiral, I don't know how you command your ships, but the present situation, for all its shortcomings, is a big improvement over what was there prior. It's an odd thing, the world doesn't revolve around us cyclists. There's other people with very real needs. Odd that. So the deal is we have to *share* roadways as best we can. I haven't owned a car for about...ummm....forty years. Does that mean I hate cars and expect everything to be gift-wrapped in my favour? No...it means that I push for change, but it doesn't happen overnight.

*When the tracks are due for renewal*, then perhaps society will be ready to accept them being moved. I was studying Ronces again yesterday, I cycle down there almost daily, I live at Dundas and Bloor, and the *width of the RoW is limited!* Take a look at the pictures you frantically point at in your link. Ronces has nowhere near that width. Plus one of the three pics displays a one-way street. Is that your solution? Make Ronces one-way? One of them is a six lane street.

And I'd be the first to say "Not a cent towards ripping up tracks on Ronces. Put it towards establishing better bike routes elsewhere". That's how the economical mind works when looking to affect change.
 
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Slogging through the HTA, from my read, Reaper's quoted clause above is not applicable to bicycles, that section is aimed at motor vehicles, and a note below the section adds in "streetcars", but makes no mention of bicycles. This might be a legal loophole, I'll continue digging tomorrow, but did trip across this, ostensibly not yet proclaimed:

Where do you see an exemption for bicycles? The section always uses the term "vehicles" rather than "motor vehicles".

Under the HTA, a "vehicle" includes bicycles but does not include streetcars. That's why the section needs a specific note saying that it applies to streetcars as well as vehicles, but does not need a note saying it applies to bicycles.

From the Definitions section of the HTA:
“vehicle” includes a motor vehicle, trailer, traction engine, farm tractor, road-building machine, bicycle and any vehicle drawn, propelled or driven by any kind of power, including muscular power, but does not include a motorized snow vehicle or a streetcar; (“véhicule”)
(emphasis added)
 
Where do you see an exemption for bicycles?
I don't, and I was *very* careful not to state that.

I stated: "that section is aimed at motor vehicles"...and the HTA is far from being definitively worded. Without getting into a debate on legalese at this time, let me just say this: Show me *one* court test where your interpretation of that clause has been upheld.

There's many areas of law (and I've won a few) where the wording of the law is inconsistent with common sense. This is one of them. How can you signal that you're emergency braking a bicycle when you need at least both hands on the bars to affect a *safe and legal stop*?

What JP, Magistrate or Justice would find guilt on that? Show me a court ruling. The law, as worded, is an ass. What is "common sense" in the law is not to tailgate or draft on a public roadway.

(In fact, I even wonder if the HTA allows for one clause to be struck without the entire section going down? )

Btw: Since it's a favourite subject of mine in other areas of debate, Canada is a leading nation in allowing the courts to make law where the legislation is wanting. It's one of the beautiful and *internationally envied* aspects of our Constitution.

In Canada, it is well worth your time in many if not most cases to argue your case before a Justice or Court *if you have legitimate grounds to doing so*.

I'll keep delving, but I did search, as I stated in at least two posts, and could find nothing further in the HTA as that pertains to *bicycles and braking*. I'm sorry, but your take, though intended by the authors, that (gist) "Vehicle includes bicycles unless otherwise excepted" fails the test of a number of cases.

I'll itemize further later.

Edit to Add: OK, here's the HTA, latest revision, pasted in intact:
[...]
How to signal manually
(4) When the signal is given by means of the hand and arm, the driver or operator shall indicate his or her intention to turn,

(a) to the left, by extending the hand and arm horizontally and beyond the left side of the vehicle; or

(b) to the right, by extending the hand and arm upward and beyond the left side of the vehicle. R.S.O. 1990, c. H.8, s. 142 (4).

Idem
(5) Despite clause (4) (b), a person on a bicycle may indicate the intention to turn to the right by extending the right hand and arm horizontally and beyond the right side of the bicycle. R.S.O. 1990, c. H.8, s. 142 (5).

Requirements for signalling device
(6) A mechanical or electrical signal device shall clearly indicate the intention to turn, shall be visible and understandable during day-time and night-time from the front and from the rear of the vehicle for a distance of 30 metres, and shall be self-illuminated when used at any time from one-half hour after sunset to one-half hour before sunrise. R.S.O. 1990, c. H.8, s. 142(6).
https://www.ontario.ca/laws/statute/90h08#s142s5

The exception for by "person on a bicycle" is clearly made in Idem (5) as that pertains to "Despite clause (4) (b)" .

Where is the exception for a bicycle for "Requirements for signalling device" ? There isn't one.

The HTA is inconsistent and subject to interpretation by the courts. I repeat, to anyone reading and taking issue with my stance on emergency braking on a bicycle: Show me a court ruling, Ontario or otherwise in Canada, where "failing to indicate" has applied specifically to 'emergency braking'.

I've shown reference in the MTO cycling handbook where it is conspicuously absent of any mention.
 
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I can find no (zero, nada) case law in Ontario testing the 'cyclist must indicate stop' during emergency braking. In fact, I can't even find anyone charged with it, not that Googling is anywhere thorough as per legal search, but the topic is rampant in the wider press. A few examples, this from a forum in Alberta where Calgary had to withdraw their 'Cycling Safety Handbook'...it had serious errors in it.
Emergency braking
Submitted by DarrenB on Sat, 2012-05-05 07:15

Perhaps you should consider taking the Can-Bike course, as it will teach you a better way to perform emergency braking: using BOTH front and back brakes to prevent a skid or fall. You actually do drills to practice how much you can get out of each simultaneously (particularly the front) to maximize stopping power.

Also, am I the only one who finds it ironic that a "winterrider" is suggesting that one always use their front brake for emergency stopping? (Ice?) Sorry man, couldn't resist!
City pulls Cycling Safety Handbook
http://www.bikecalgary.org/node/3328

The above quoted is part of a much greater argument on using front brakes in lieu of rear in emergency stops...my own view? Persons shouldn't use motorcycles as analogs for this. A well-designed road motorbike has the centre of gravity below the front wheel axle, and the machine weighs far more (usually...lol) than the rider. But I digress: I say use both, and if you're an experienced rider, your hands react reflexively, to back off when wheels lock, you can sense it if you have a good machine, the balance changes radically. If you can stop yourself slipping up on ice as a pedestrian, those same reflexes work when cycling. Use both brakes, and proportionate application accordingly.

Wikipedia:
Conflict with brake operation
A bicycle's front brake lever is typically installed on the side of the handlebar closest to the center of the road (front-left for right-side driving). In many countries, the hand signal for stopping/braking requires that the cyclist signal with the hand used for the front brake. The front brake is the most effective method of stopping a bike under normal road conditions.[3]

Cyclists, like all other road users, should be ready to make an emergency stop at all times. When approaching a junction a cyclist may wish to "cover the brake" in readiness for an emergency stop. It is not possible to cover both brakes when performing a hand signal and both hands are needed on the handlebars to steady the bicycle under hard braking. Cyclists therefore sometimes have to choose between giving a hand signal and covering the brake.
https://en.wikipedia.org/wiki/Hand_signals#Conflict_with_brake_operation

And the notation '3' above:
Braking--Front, Rear or Both?
Since your bike has two brakes, one for each hand, if you want to stop as safely as possible, you need to pay attention to how you use each of them.
[...continues for an entire chapter with links and reference...]
http://sheldonbrown.com/brakturn.html

Whether I agree with emphasis on the front brake or not, and whether the front should be on the left or right (a discussion anyone who's toured in the UK and other left-hand drive nations will be familiar with)(you keep your conditioned set-up...because of *emergency reflex!*), none of those making the arguments for emergency braking methods include signalling your stop, except in a passing reference. (pun not intended).

It would appear, the more I delve on this, that the HTA is still badly written as that pertains to cyclists, even as they keep adding in sections in our favour, they must revisit others or re-write the entire Act. Clearly, clauses, let alone some sections, wouldn't stand a court test.

To be continued....
 
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In another entirely different issue, the Lower Don bike path will be closed for the next few weeks as of tomorrow (Thursday, June 9) at 7 am. This is for more work on the realignment of the tunnel under the Metrolinx-owned Don Branch of the CPR Belleville Sub.

It's no biggie. Any orange fencing can be pushed down, which will probably happen within hours of it being erected. To avoid the specific area in question is pretty simple. When going N/B from the south one can follow the dirt trail just to the west of the pedestrian bridge north of Riverdale, go through the hole in the fence on the left and up the embankment, walk their bike across the rail bridge and continue along the old trackbed, then climb back down the embankment to the trail. When going S/B simply reverse the procedure. Adds a few mins, but few are actually going to stop using this important pathway, especially at this time of year.

Edit: and I guess if you don't want to walk across the old rail bridge you can take the pedestrian bridge, but just north of it there's another dirt path on the left that will still lead to the trackbed.
 
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You'd think they'd post a detour, like Bayview Av, not great, but doable. Just summarily blocking the 'main line' w/o offering an alternative guarantees what 44 suggests. You'd think that they'd nail down some plywood sheet on the idle CP bridge to offer an alternative, but I guess they're worried about insurance, rather than need.
 
You'd think they'd post a detour, like Bayview Av, not great, but doable. Just summarily blocking the 'main line' w/o offering an alternative guarantees what 44 suggests. You'd think that they'd nail down some plywood sheet on the idle CP bridge to offer an alternative, but I guess they're worried about insurance, rather than need.

I was thinking some temporary stairs directly adjacent to the site to get people up and over the embankment. But I guess they're going to be bringing vehicles in from the Bloor/DVP ramp to the north during construction hours, so they don't want people down there during that time whatsoever. But people will still be there regardless (many of whom actually live in the woods).

A few years back they rebuilt the path's underside below Don Mills, but there was very little to get around that (save for climbing a chainlink fence and dodging cars on an expressway-like Don Mills). With this they know people will still be coming through. As you said, it's the main line. Either way this clearly should've been done this in winter.
 
Since the CP line is unused (owned by Metrolinx, but the last train to use it was the CP Holiday Train years ago), why not build a temporary path and stairs up and over the tracks? You'd have to carry your bike. but it'd be another option.

I hope that the opportunity to make other trail improvements (repaving, widening, etc) is done at the same time.
 
Because we have councillors like this--

goldsbie 10:29am via Twitter for BlackBerry
"We see a lot of cyclists breaking the law on a daily basis," says Karygiannis, whom Council just reprimanded for harassing a constituent.

Karygiannis being Karygiannis. I'm glad my councilor, Mary-Margaret McMahon, is an avid cyclist and vocal advocate for cycling infrastructure.
 

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