OT: Any Cyclists?

William O'Higgins Witteman william.ohiggins-H217xnMUJC0sA/PxXw9srA at public.gmane.org
Wed Apr 28 16:13:21 UTC 2010


On Wed, Apr 28, 2010 at 11:53:35AM -0400, Gary Layng wrote:
>On Wednesday 28 April 2010 10:01:32 you wrote:
>> > A bicycle is classed as a "vehicle" under the Highway Traffic Act, and
>> > is subject to the same laws as cars.
>> > http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90h08_e.
>> >htm#BK0
>> 
>> I didn't quite see where it says that bicycles are subject to the same laws
>>  as cars. Maybe it's buried in there somewhere. Bicycles are not allowed on
>>  expressways, so there's a significant difference right there.

There are extra restrictions on bicycles, in addition to the other elements 
of the statute.

>Yes, they are.  Two co-workers of mine, knowing we were having a Beer Call, 
>decided to cycle home rather than drive a car.  They were nabbed by the OPP on 
>the shoulder of Highway 2 and charged with (among other things) DUI.  Points 
>off their licences.

Your friends were almost certainly guilty of careless driving, but not
"Operation while impaired", which specifies "motor vehicle":
http://laws.justice.gc.ca/fra/C-46/page-6.html#codese:253

Still, too often cyclists (myself included) take liberties upon
themselves which are unlawful.  I tend to err on the side of safety
under conditions of expedience (I don't do unsafe things, but I will cut
attentively through a park) but this is, at best, a rationalization.
-- 

yours,

William

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