QUESTION:
I witnessed an accident between a car and a bicycle. The bicycle rider was riding upon a sidewalk crossing from right to left coming out from a blind spot at the side of a building. The driver was looking to her left in order to see if the traffic lane was clear enough to proceed, which she did. As she proceeded she slowly pushed the person riding his bicycle over and into the traffic lane before she stopped.
There was little injury if any and there was no impact with his head upon the road way as he claimed. Yet ICBC made her to be 100 per cent at fault.
So is it legal to ride your bicycle upon the sidewalk? And who should have gotten a ticket, if either of them?
Dave Brown
North Vancouver
Dear Mr. Brown:
Thank you for your question. This appears to be one of those unfortunate situations where both rider and driver could be ticketed. But before I explain, please understand that the response I give pertains to rules that are laid out in the Motor Vehicle Act and not to your situation in particular. Since I did not conduct the investigation into the incident about which you are asking, and therefore do not have all of the details about it, please understand that the response I provide does not act as a decisive word about your situation in specific. Nor does it have any bearing on the civil process involved in the ICBC claim procedure. Although ICBC considers the results of police investigations, their decisions are based on their insurance policy guidelines alone.
According to Section 183 of the Motor Vehicle Act of B.C., cyclists are not permitted to ride on the sidewalk (nor through a crosswalk for that matter). The fine for doing so is $109.
That said, a cyclist's failure to obey this rule does not absolve drivers from their responsibility to yield to them or any other obstruction. Drivers are required to ensure it is safe to proceed before doing so. This means watching for not only other vehicles, but also cyclists, pedestrians, animals and any other potential risk, even if those obstructions are failing to follow the rules themselves. Failure to yield upon entering a roadway is an offence under a number of different sections, depending on the type of roadway and traffic controls in place. Fines for contravention range from $109 to $167.
I should also mention that cyclists using the sidewalk represent a serious risk to pedestrians, notwithstanding the risk they create for themselves. Cyclists who ride on the sidewalk have a 25 per cent higher chance of being in a collision than those who ride on the road. This is presumably due to vehicles exiting blind driveways and other similar risks.
I've said it before: Driving is a serious responsibility that requires careful attention and an abundance of caution. Vehicles are large, heavy machines that can cause death in an instant. A moment of inattention by drivers, cyclists and pedestrians alike can result in tragedy.
Sgt. Peter DeVries
North Vancouver RCMP
Follow Peter on Twitter at www.twitter.com/rcmpdevries
If you have a question for Ask a Cop, email it to [email protected] or mail it to the attention of the editor, North Shore News, Suite 100 - 126 East 15th St., North Vancouver, B.C., V7L 2P9.
