CM Observations & Suggestions
Orest Kinasevych
opportunity to review some ideas that may help CM riders and supporters
tomorrow.
RIGHTS & RESPONSIBILITIES, MEETING POINTS
Cyclists should obey all traffic control devices. The Highway Traffic
Act of Manitoba states:
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"145(1) Except as otherwise provided in subsections (5) and (6), a
person operating a bicycle or power-assisted bicycle on a highway or
bicycle facility has the same rights and duties as a person driving a
motor vehicle on a highway and shall obey all signs and traffic control
devices, and all directions of a peace officer." (Highway Traffic Act
of Manitoba)
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I realize that because of lights and stop signs, CM riders may become
separated from their riding companions. Planning a route in advance
would likely fall afoul of the city's vague "parade" by-law
definitions. Therefore I suggest the use of meeting points for the
purpose of regrouping. Travel would commence from Central Park towards
the first meeting point. After they regroup, CM riders could then
proceed to the next meeting point. This would also serve to dissuade
police interference, since CM riders could simply split up and convene
at a given meeting point.
Here are the meeting points I'm suggesting:
1. Central Park (starting point),
2. Plaza in front of *Air Canada* building on Portage Avenue
3. Grounds in front of *University of Winnipeg* on Portage Avenue
4. Grounds in front of the *Legislative Bldg* (adjacent to Queen
Victoria) on Broadway
5. Parking lot adjacent to Hilltop Research at *Confusion Corner*
COSTUMES, CHOPPED BIKES, BANNERS & PROVOCATIONS
My view is that CM supporters are ordinary folk who want to ride their
bicycles peacefully and without the threats posed by motorists and the
institutions that support car culture.
As such, I expect that dressing as one might ordinarily do would do
less to provoke a "singling out" by police. In my participation in
last month's CM ride, I believe that my bicycle commuter outfit and
ordinary commuter bicycle allowed me passage past police when others
were being singled out for harassment.
Given these conditions, I believe that the only attention that CM
riders seek is to have a collective presence on the street. There's
really no need for showing off or to deliberately provoke. Our
message will be clear once a number of us are on the road.
ROAD USAGE
Cyclists are indeed traffic by legal definition:
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"traffic" includes pedestrians and ridden, driven, or herded animals
and vehicles, and other conveyances, either singly or together, while
using a highway for purposes of travel (Highway Traffic Act of
Manitoba)
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There are some rules and requirements specific to cyclists. One of
these rules regards distance from the curb:
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Operation next to curb
145(5) A person operating a bicycle or power-assisted bicycle on a
highway shall operate it
(a) as closely as practicable to the right-hand edge or curb of the
roadway, unless the highway is designated for traffic in one direction
and has three or more traffic lanes; or
(b) as closely as practicable to the right- or left-hand edge or curb
of the roadway, if the highway is designated for traffic in one
direction and has three or more traffic lanes.
(Highway Traffic Act of Manitoba)
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"As closely as practicable" means that if there are parked cars -- a
cyclist's distance from the curb would be greater. "Practicable" means
that all traffic and road conditions are considered, not simply a ruler
measure of distance from the curb. Thus road debris, speeding
motorists, driveways, and all other hazards constitute conditions which
can affect the practicability of distance to curb.
Consider also the following:
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Operation in single file
145(6) No person shall operate a bicycle or power-assisted bicycle on a
highway beside a moped, mobility vehicle, bicycle or power-assisted
bicycle that is operating in the same traffic lane.
Exception to subsections (5) and (6)
145(7) Subsections (5) and (6) do not apply when the person is
(a) making or attempting to make a turn on the highway; or
(b) overtaking or passing a moped, mobility vehicle, bicycle or
power-assisted bicycle.
(Highway Traffic Act of Manitoba)
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Let me simplify to the essential term: "... beside a ... bicycle ...
that is operating in the same traffic lane."
I understand this to mean that if there are multiple bicycles on the
road, and because cyclists cannot share a traffic lane (because of
statute 145(6), above), they must therefore resort to using more than
one lane of traffic. This meets the requirement of not operating a
bicycle in the same traffic lane as another bicycle, and it still meets
the requirement of being as close as "practicable" to the curb.
Indeed, the Highway Traffic Act doesn't appear to anticipate groups of
cyclists or large numbers of cyclists, and has in fact ignored
alternative modes of transportation.
SIDEWALKS
Finally, a warning about riding on sidewalks:
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Bicycles on sidewalks
145(8) Subject to subsection (9), no person shall operate on a sidewalk
a bicycle with a rear wheel the diameter of which exceeds 410 mm.
(Highway Traffic Act of Manitoba)
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Those are tiny tires. Don't let the police trip you up on this.
REFERENCE
For reference, I've posted a PDF version of the Highway Traffic Act
here: http://www.kinasevych.ca/c/200606/01/H060.pdf
I hope these observations and suggestions are helpful to CM riders and
supporters.
Cheers.
- Orest Kinasevych