Handsfree and Bikers!
So the new hands free law, has started today, and this sparked a question. If bikers are under the Highway Traffic act, does that mean we cyclists can get fined for talking on our cell while riding?
I'm sure alot of people have been peddling away and answered a quick call. I myself have to answer my phone asap to get work. Riding around with my shuffle headphones and my cell headphones would make things awkward. If anyone knows, please fill me in!
I'm curious what makes you believe that cyclists would be immune. In fact, without the windows in the way, it's even easier for a cop to see if you're using a cell phone. Let us know if you get a ticket.
:)ensen.
Those who claim to be making history are usually just repeating it.
I just thought it would be a good discussion to start up. I don't expect us to be immune. I'm just curious if the cops will be enforcing it with cyclists. I do need to get a hands free anyways for when I take out of city trips but right now I have wired headphones, and I go a lil crazy without music on my daily commute. It could get weird having my cell headphones around my neck and my ipod headphones in my ears.
Pull over to use your phone, try living music free for one hour of the day.
Trust me, you won't go crazy.
I'd love to see the city get rid of other road distractions, those TV billboards along the Gardiner are ridiculous.
The consequences of a bicycle collision are marginal when compared to that of an automobile, but if the 'Fuzz' wanted to bust your ass, I guess they could apply the 'Unable to keep both hands on handlebars' rule - but it isn't an HTA offence, just a municipal bylaw that may or may not exist depending on where you are at the time.
Bike Fines listed here: http://www.toronto.ca/cycling/pdf/hta.pdf
Just pull over to take the call, duder.
78.1 (1) No person shall drive a motor vehicle on a highway while holding or using a hand-held wireless communication device or other prescribed device that is capable of receiving or transmitting telephone communications, electronic data, mail or text messages. 2009, c. 4, s. 2.
The definition of a motor vehicle is:
“motor vehicle” includes an automobile, a motorcycle, a motor-assisted bicycle unless otherwise indicated in this Act, and any other vehicle propelled or driven otherwise than by muscular power, but does not include a street car or other motor vehicle running only upon rails, a power-assisted bicycle, a motorized snow vehicle, a traction engine, a farm tractor, a self-propelled implement of husbandry or a road-building machine; (“véhicule automobile”)
(8) In this section,
“motor vehicle” includes a street car, motorized snow vehicle, farm tractor, self-propelled implement of husbandry and road-building machine. 2009, c. 4, s. 2.
So no - it's only illegal to operate a motor vehicle while using a device.
Cyclists are supposed to keep both hands on the bars at all times, so technically, that's already a hands-free law. Of course, that totally conflicts with the law that says we have to use hand signals...
Anyway, the police have always had the power to ticket us for using cell phones on our bikes. I don't think I've ever heard of an example where they've actually done it though (although considering some of the close calls I've seen over the years, I'm sure it's happened)
I wasn't able to find anything in the HTA that requires a cyclist to keep both hands on the bars at any time - I might have missed it though - could you let me know if you find it?
http://canlii.org/en/on/laws/stat/rso-1990-c-h8/latest/rso...
Nevermind, I see that it is a municipal bylaw. $8.75 might be worth it to make a phone call from the bike though... :)
You shouldn't be worried about police harassment, you should be worried about a 'Darwin Award'.
With the way that some of the pedestrians, motorists and other cyclists use the roads in Toronto, I wouldn't really reccommend talking on the phone while cycling wether or not there is a law on it. I also don't think that people should cycle with headphones in, you really should have your full concentration when cycling and how are you supposed to hear things like other cyclist's bells or calls that they are passing you or a car rushing up from behind? Maybe you have a mirror, but it's still good to have your undivided attention.
A lot of us think we're immune to accidents when cycling, even if we're careful. It's a lot easier to get in one than most would admit to I think.