Sidewalk cyclists face crackdown

Cyclists drive almost exclusively on the sidewalk on Finch Ave. between Sentinel Rd. and Tobermory Dr. (Bernard Weil/Toronto Star)

Moves to keep bicycles off sidewalks have been in the works for months, but they are too late for a Toronto pedestrian who died this week after being hit by a cyclist.

Nobu Okamoto, 74, was struck by a 33-year-old cyclist on Finch Ave. W. near Sentinel Rd. on Aug. 4. The cyclist remained at the scene and was fined, police said. The fine for cycling on the sidewalk in North York is $3.75.

Had the accident occurred downtown, the ticket would have been $90 as bylaws still differ across the city more than 10 years after amalgamation.

“It’s an anomaly that’s been allowed to fester . . . it doesn’t make sense,” said Brian Patterson, president of the Ontario Safety League. “We have to have a working set of regulations that are consistent and fair.”

RELATED STORY: Cyclists defend riding on sidewalk where pedestrian was killed

Patterson said cycling on the sidewalk has become “a huge issue” in cities across the province within the last five years. But the laws governing it are inconsistent and moves to update them have been slow.

“There isn’t enough teeth in the law,” said Sgt. Angelo Costa, the traffic sergeant in 31 Division where the incident occurred. “All I can do is stop a cyclist, he has to identify himself to me and I can give him a ticket. There isn’t anything else . . . that’s going to change his behaviour.”

In January, Toronto’s public works committee recommended that council work on a strategy to get cyclists off the sidewalks.

The police services board then discussed the issue in July and sent a report on harmonizing and enforcing sidewalk cycling bylaws back to the committee.

That report’s findings will be discussed in November, said committee chair Denzil Minnan-Wong.

“We’re dealing with a number of cycling issues at the November public works committee meeting,” he said, adding that raising fine amounts alone isn’t a solution.

“You can put a fine at whatever you like, but if there’s not an enforcement strategy there’s no real or effective deterrent,” he said.

Cities such as Vancouver, Montreal and London have banned cycling on sidewalks altogether, unless signed otherwise.

The officer at the scene on Aug. 4 didn’t feel a careless driving charge was warranted, Costa said. But detectives are now investigating the incident and additional charges may be laid.

That doesn’t change the inadequacy of current cycling laws, though.

“It’s unfortunate that somebody has to pay the ultimate price before any legislative changes,” Costa said.

Bicycles are subject to some municipal bylaws, but are also considered vehicles under the Highway Traffic Act.

Motorists and cyclists are treated equally under the act, but its highest charge is careless driving, which carries a fine of $400 to $2,000, and up to six months in jail.

Cyclists cannot be charged with dangerous driving under the Criminal Code — that offence only covers motorized vehicles.

“We really ought to consider whether the (Highway Traffic Act) is stringent enough on penalties for carelessness, and that goes for cyclists and drivers,” said Toronto Cyclists Union advocacy director Andrea Garcia.

She said she supports increasing fines for sidewalk cycling, but only if they are accompanied by measures to make roads safer for cyclists, such as more bike lanes.

“A lot of cyclists will tell you that they feel extremely unsafe on the road and therefore they choose to bike on the sidewalk,” she said. “That ends up creating a second set of problems.”

The laws have also failed to keep up with new technology. In Toronto, bicycles with a wheel diameter of less than 61 centimetres are allowed on sidewalks. That restriction exists so children can ride there.

But electric bikes are governed by the same rules as regular bikes, so those with smaller wheels are allowed on sidewalks. Some are even marketed as “sidewalk-compliant.”

“Those things will get up to speeds of 30 to 40 km/h,” Costa said. “Legislation looks at that and says it’s a bicycle, as long as it has those pedals. But if the guy’s on electric power and he’s moving along . . . God forbid he hits a small child.”

-- Michael Woods, Staff Reporter

Comments

[Charles]

The only "move" that should be made is for drivers to suck it up, give back an itsy bitsy piece of the road, and for Toronto to create a proper & safe cycling infrastructure network in Toronto. Anything less and the sidewalk problem will continue, forever, regardless of the occasional crackdown such as the one mentioned in the article.

[aModerate]

While I agree to taking the bikes off the sidewalks, stronger penalties, and more biking education, there HAVE to be more bike lanes in the city for it all to work. Its distressing how Toronto is seeming to be less and less bike friendly (with the exception of the introduction of Bixie)

[ry]

Definitely the real issue is that cyclists do not feel safe on the roads and then use the sidewalk. How many cyclists are killed or severely injured by cars on the road? Bicycles can quite easily be driven safely on the sidewalk and in many parts of the city the roads are terrible. I would much rather be hit by a 15kg bicycle going 20km/hr than a 1500kg car going 80km/hr. In the end all we need for a bike lane is 2 feet and the problem would be solved! Can they not find 2 feet anywhere and completely solve this problem???

[steve]

This section of Finch (in fact most of Finch) has plenty of space on either side of the road for bike lanes. Remember, Transit City called for widening and LRT construction, so there is lots of room. With the idiotic canceling of the LRT, and the suggestion of an ambiguous 'rapid bus service', perhaps we should consider a curbside Bus/Bike lane? This seems to work well in other cities, including Paris, but I'm not sure how common it is on wide arterial roads.

[Rapunzel518]

It's about time! I'm a cyclist and cannot get over how many grown adults I see cycling on sidewalks. If you don't feel safe on the roads, then don't get a bike! I've cycled in European cities for years and compared to the motorists there, Torontonian motorists are the most conscientious, giving loads of room on the road for a cyclist. Only children should be allowed to cycle on sidewalks - it's pathetic to see a grown person on a bike riding on the sidewalk.

[Rob]

If there was appropriate infrastrucutre for cyclists in the city, this would go a long way in preventing these kinds of issues. Many people are simply not comfortable biking on many of our roads and who can blame them. That being said, as a general rule cyclists should not be using sidewalks.

[W. K. Lis]

Want to get bicyclists off sidewalks? Build more bicycle lanes, not less.

[Sammy]

I am an avid Cyclist - I have been biking everywhere for years. I cannot begin to tell you how happy it makes me to see a crackdown in cycling rules. You are a moving vehicle - get on the road! There is absolutely no reason for you to be on the sidewalk, unless you are walking your bike to lock it up. Other cyclists make my grind my teeth every day when I see them. No helmets, no proper hand signals for drivers, wearing HEADPHONES while driving your bike...are you trying to get yourself killed? Yes, better road conditions for us cyclist would be excellent. I still plan my routes based on available bike lanes & conditions of the roads. (Dufferin is a particular death trap for cyclists.) A little forethought goes a long way guys. STAY OFF THE SIDEWALKS!

[JHK]

I was riding on Spadina Ave last Saturday, and was shocked to see a perfectly good bike lane erased. WHY !?!? I could still see the erased line. It wasn't taking up any spaces from the cars, and the traffic was moving along nicely in the wide and spacious avenue without "infringing" on the "bike lane". I just don't see the point of adding the bike lane, then spending money to erase it. Do the politicians and policy makers have so much hate for bikes in the city? Do we have so much money that we can add and erase bike lanes as a political game?

[Mike]

I am truly taken back by the lack of empathy for the criminal act that resulted in the death of the pedestrian. Is the riding of a bike on the sidewalk an illegal act or is there a sense out there by cyclist that "well not really". Living in North York I cannot count the number of times while walking on the sidewalk I have had my elbows clipped by a cyclist handle bars without even an apology or an acknowledgement.

Riding motorcycles for 34 years if you do not have the balls to ride on the road park the bike!

[Tme]

How often are motorists ticketed for endangering bicyclists? Does that ever happen? If cyclists get no protection from the law, why would anyone expect them to respect it? Generally, if you treat people like criminals, they'll act like criminals.

[Myke]

I've been hit by a car riding my bike on the road, and it hurts. I'll ride on the sidewalk until we get our own separate roads. Why shouldn't we when they're kicking us off the sidewalks that we've been on for our whole lives, and paying taxes to keep our sidewalks maintained.

[E. Pope]

Please either provide bike lanes for cyclists, licensing requirements for cyclists (visible to ID the driver/bike if they don't stop), some form of driver's insurance either for bikes alone or connect it to existing driver's insurance by the cyclist or parents of same. I don't drive, am a pedestrian frequently, don't have insurance, have nearly been hit many times and have had a couple of near misses to what could have been knock-down collisions by speeding cyclists on sidewalks. Horns or bell alerts at a minimum should be required. If I get hit by a cyclist or if any piece of what I am wearing or carrying gets snagged by a speeding bike I want the ability to either pass any medical bills on to the cyclist or his parent's insurance. I want heavy fines/demerit points to be considered. Any mishaps should be the cyclist's problem/responsibility, not pedestrians on sidewalks where they are supposed to walk.

[Naj]

As a life-long pedestrian with mobility issues, I've been nearly run over, and have been clipped more than a few times while walking the sidewalks in the east end of Toronto, and even my dog has nearly been hit (and she's always on LEASH!) by cyclists speeding along the sidewalks. I see them blow through red lights, and blast through cross-walks without any regard for the harm they could cause if they ever hit anyone or anything, never mind their own safety. Few wear helmets, use hand-signals, have bells or horns, or have proper lights and reflectors on the bikes nowadays...

And unless you're willing to tear down townhouses and shops to make room for widened roads that can accommodate bike lanes... we'll never have enough space in the city for bikes AND cars as the city grows ever larger and more crowded.

[Jamie Jones]

Again, this is another ridiculous piece of legislation brought about by the nanny- state that prefers to regulate and criminalize, rather than find better solutions. In Barcelona, Spain, many of the large roads have separate traffic, bike and pedestrian lanes all of which are separated from each other by grass or cement edgings. Bikers do not have to fear being side-swiped by a car, unlike in Toronto, where " bike lanes" seem to be as narrow as the tires of the bikes themselves. Interestingly, the Spanish bike lanes were put in place before 1900! If they figured out how to create proper civic infrastructure then, why can't we do it properly now? I really don't blame cyclists for riding on the sidewalk given the fact that the bike lanes in Toronto are so narrow and badly designed.

[Madelaine Kilsby]

Cars are to bicycles as bicycles are to pedestrians. The fear that a cyclist feels towards cars is the same fear that a pedestrian feels towards bicycles on the sidewalk.

When I learned to ride a bike, even as a child, one of the rules was that I get off my bike and walk around pedestrians...no exceptions. Maybe cyclists could be more courteous toward pedestrians instead of expecting pedestrians to move from the sidewalk. If there isn't enough room for bicycles to drive around a pedestrian allowing the pedestrian his/her space, then the cyclist should get off their bicycle and walk around...otherwise, move back to the road where you're supposed to be.

[LaryOly]

Bicycles need to be included in the Highway Traffic Act. Like cars, they need to be issued with license plates, so they can be identified. And Ontario must make it a criminal offense to ride a bike (which is a VEHICLE) on the sidewalk, with the exception of children's bikes---based on the age of the driver and the dimensions of the bike. But, like the "distracted driving" laws, this won't mean a damned thing unless it's strictly enforced and violators are promptly and properly punished.

[gloria]

This is not a nanny state issue, legislation is needed since cyclists refuse to police themselves and there are just too many of them on the sidewalks presenting a danger to the elderly, handicapped and children. Someone has already been killed and others have been injured. There is no reason for cyclists to be on sidewalks and they should all be licensed so that they can be identified in case they cause injury or death. It is illegal for an adult cyclist to ride on the sidewalk, and if the police will not enforce the law we can record the infraction and complain.. Besides this the cyclists do not abide by any laws of the road, coming in the wrong way on a one way street etc.

[Jason Alldred]

Forget more fines. The ROOT CAUSE is that cyclists feel safer on the sidewalks than on the roads. I'd like to see stats on how many pedestrian deaths/injuries occur from bicycles versus how many cyclist deaths/injuries occur from being hit by cars. Basic psychology/self protection of cyclists have to be addressed. Here in smaller town of north bay I've been brushed by rearview mirrors and been white-knuckled by barely-passing transports. I'll risk a small fine for saving my own life, either from being actually hit or shortened by anxiety.

[Alice Key]

As someone with no bike and no car, and one time I nearly missed being knocked down by a speeding cyclist, it is something scary happened to
me I will never forget. Please put a rule quick on place for this matter and
before no more person being injured or killed on the sideroad. If Ford
and city council can so quickly cancel "Transit City" with the speed of blink of
eyes, they can also put a rule in place quickly before more tragedy happens.

[Renaissance]

I have a very long commute and drive downtown every day. My biggest problem with cyclists is that I never know what they are going to do. They are pedestrians (sometimes) and ride on sidewalks (sometimes) and then suddenly they become vehicles and swoop in front of me onto the road or across an intersection diagonally, as a pedestrian for part of the crossing, then again as a vehicle, whatever suits them. They never stop at stop signs, even 4-way stops, and this is unsafe and they mess up all the traffic as cars try to guess what they will do. Do you really want me to guess what you'll do next? What if I guess wrong and you DON"T stop at the 4-way stop but insist on cutting me off when I'm part way through the intersection? The other worst behaviour? When I'm in an intersection already, pulled out & waiting to turn right, turn signal on, cyclists who weren't there when I started come up behind me, cut me off by speeding between me and the curb and I have to let them through, even though as a vehicle I was there first. Then I can't turn at all and have to wait for all of them to speed by while I get the red light again, new cyclists come up inside the curb again and it starts all over. This happens every morning at the corner of Davenport and Bedford and every evening at the corner of St. George and Harbord. If cyclists rode responsibly and didn't become pedestrians or vehicles whenever it suited them, we wouldn't have that problem. Want to be safe around me when I'm driving? Then you obey the traffic laws too.

[CaligulaJones]

The unfortunate problem with the debate is that there are too many "cars do bad stuff too, so we should be able to ride on sidewalks" among cyclists. Third graders are given Ds for such bad logic.

I counted over 30 bicycles on the sidewalk in a 45 minute walk at Yonge and Finch (along Yonge). Only one of them was a child. The rest were all adults. Many were wearing headphones. One, incredibly, was wearing headphones AND texting. None cared about pedestrians. All could have ridden on a quieter street a few blocks east or west.

And yes, I also ride.

And no, I don't own a car (see that bit about Grade Three logic up there?)

[Janice Dunham]

on D. Garrison comment: says runner can collide with a pedestrian as easily...No! Not so. Take a look at the figures on pedestrian injury. No collisions with runners, but plenty, plenty, and some lethal, with bikes. Your misconceptions are just why pedestrians need more protection from bikes.
Some bicyclists seem to believe that everyone walks as quickly and is as able-bodied as they are. Older people slow down. Younger cyclists have no idea. Even if we do hear you coming, we can't get out of your way as quickly as you expect. Citizens should be entitled to walk in safety. When we are too old to bike any more, walking is our lifeline. Allow us to live out our days without fractured skulls, disabling injuries, death.

[Mike J.]

I would like to see cyclists off the sidewalk across the province. Too many people are seriously injured or killed by sidewalk cyclists not to mention the dogs harmed as well. To those cyclists who are too afraid to use the road all I have to say is don't cycle if you are scared of the road. To those who do cycle on sidewalks I'd like to say that you are being highly unethical reducing your risk by increasing the risk to pedestrians. How dare you increase the risk of injury to others just to reduce that risk to yourself. That is the action of a coward.

[Lela]

The onus of responsibility falls on the City Council
"Toronto’s public works committee recommended that council work on a strategy to get cyclists off the sidewalks"? How about getting cyclists in safe bike lanes? Where are those? The ineptness and lethargy of this council and the committees is the ultimate responsible agent for all collisions and suffering. They are the ones that should take the bull by the horns and do something useful for a change.
They are the ones that they have disregarded the Law, stating that the bicycle is a vehicle, but they turn around and they do not provide the road space for that vehicle. They do it for cars, but not for bicycles and then they blame cyclists for not obeying the rules. They are the irresponsible and disregardful of the Law, and they should accept the consequences.