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Post date: Oct 15, 2011 6:24:38 PM
On October 14 the Ottawa Citizen ran an article on its website by Kristy Nease titled Ottawa memorial service to be held for dead cyclist. The article concerned plans for the funeral of Danielle Naçu, an Ottawa cyclist killed in a fatal traffic accident and described by the journalist as the slain cyclist. In it, Nease blindly fell into the quagmire of cycling traffic law claiming that Ontario's Highway Traffic Act (HTA) requires cyclists to ride far enough out from the curb to maintain a straight line, clear of sewer grates, debris, potholes, and parked car doors.
RCC cofounder, Avery Burdett (whose letter explaining a related aspect of traffic law appeared in the same edition) sent a message to Nease questioning the claim and requesting a source. Nease replied with a link to the Ministry of Transportation's Cycling Skills Guide section Cycling and the Law which provides abbreviated and interpretive versions of key sections of the HTA. Burdett e-mailed back with an explanation as to what the guide was trying to portray. No further response or acknowledgement was received from the journalist.
What does the guide say?
HTA 147 - Slow moving traffic travel on right side any vehicle moving slower than the normal traffic speed should drive in the right-hand lane, or as close as practicable to the right edge of the road except when preparing to turn left or when passing another vehicle. For cyclists, you must ride far enough out from the curb to maintain a straight line, clear of sewer grates, debris, potholes, and parked car doors. You may occupy any part of a lane when your safety warrants it. Never compromise your safety for the convenience of a motorist behind you. Set fine: $85.00
Although the imperative "must" is wrongly used in the guide and the phrase is intended to be a supplement to the interpretation of the law, it should have raised a red flag. Enquiry through reliable sources would have led to Ontario's official copy of the HTA.
What does the HTA actually say?
Slow vehicles to travel on right side
147. (1) Any vehicle travelling upon a roadway at less than the normal speed of traffic at that time and place shall, where practicable, be driven in the right-hand lane then available for traffic or as close as practicable to the right hand curb or edge of the roadway.
A vestige of the error even remained on the Citizen's website late Friday night. An amended version of the article quoted Alex Devries of Citizen's for Safe Cycling saying,
.... dooring incidents are among the most common accidents for cyclists in general. To prevent them, he said cyclists need to know that they are perfectly within their rights to ride in the middle of a lane of traffic, keeping a metre between themselves and parked cars, to make a safe way for themselves if they feel threatened. It can be intimidating to merge into traffic and take a lane, he said, and a lot of drivers aren’t aware of the law, but it’s one that is consistently promoted by the city and the province.
(underline added, Ed. )
The following day, October 15, another Nease article appeared on the subject and reported that MTO was planning to amend its guide. The article did not acknowledge the role the Responsible Cycling Coalition played in initiating the Ministry's correction, and there was no apology for any stress the claim may have caused to the Naçu family by implying that the victim was breaking the law when the tragedy occurred.
Local mainstream media are among cyclists' worst enemies.
It's bad enough certain journalists were or are cheerleaders for poor and inappropriate City policies (eg Jaimet, Reeves, Westwood) but worse is that few have the credentials or competency to write about the subject. The latest error is just a symptom of the problem those of us face in promoting the understanding of skilled and lawful cycling. Because media is complicit, even if unintentionally, in promoting a form of incompetent cycling, we should expect no let up in the occurrence of serious injuries to cyclists.
It's a sad commentary on the direction that cycling has recently taken in Ottawa.
Links:
Citizen article re: memorial service
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