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Region removes side-by-side cycling ban from bylaw - hopes municipalities will follow
By Helen Hall
Kitchener Citizen
June 2, 2016​​


​Regional councillors voted to remove a section of its bylaw that prohibits side-by-side cycling on regional roads.

At its May 24 Planning and Works committee meeting, councillors voted to remain “silent” on the issue of side-by-side cycling.

“The Highway Traffic Act (HTA) does not give a specific definition on riding abreast or not, but says you must move to the right like a slow moving vehicle (when another vehicle approaches from behind),” Region of Waterloo Manager of Transportation Engineering Bob Henderson told council.

In an interview following the meeting, Henderson said the region’s bylaw to prohibit side-by-side cycling has been there “since the dawn of time.” Each municipality within the region has a similar bylaw for its roads.

Henderson has been working on updating the region’s traffic bylaws since 2011, and initially came to regional council last November with a suggestion to remove the side-by-side prohibition, after being approached by the City of Kitchener’s Cycling Advisory Committee.

Regional staff heard from many people who wanted the ban left in, including Woolwich and Wellesley township councils, who said they would not be changing their township bylaws to match the region if the region removed the side-by-side cycling ban.

With the information that two townships would not be changing their bylaws, Henderson came back to the Planning and Works committee last week with the recommendation to leave the side-by-side cycling ban in the region’s bylaw.

“We want to create a bylaw that is as uniform as possible across all boundaries,” Henderson said at the committee meeting. “It’s easier for police if all bylaws are the same and it’s easier for the public as well.”

However, after a discussion, regional council members disagreed with the staff recommendation and decided to remove the side-by-side cycling ban.

This means there could be different rules regarding side-by-side cycling on different roads in the region. Some local roads are owned by the Region of Waterloo, and others are owned by the three cities and four townships that make up the region.

“This prohibition has been in place all these years and how many people have been charged?” asked regional councillor Geoff Lorentz during the discussion.

Henderson said as far as he knew from talking to police, there have never been any charges laid.

Some rural regional councillors had concerns about speed and hills on rural roads, and the greater possibility of cyclists being struck if riding side-by-side.

Wilmot mayor Les Armstrong said that many country roads do not have shoulders, so there is little room for cyclists to pull over if they are riding abreast, and little room for passing cars.

“The only problem is the cyclists will be right; but my biggest fear is that there are far too many that are going to be dead right,” Armstrong said.

Woolwich mayor Sandy Shantz said that while the bylaw may not have been enforced in the past, it made a “statement” that the region expected cyclists to ride in single file on its roads. Woolwich is one of the two townships that has said it won’t change its bylaw to match the region.

Councillor Sean Strickland was the only urban councillor who voted against removing the prohibition from the region’s traffic bylaw.

Strickland said he thinks the “vast majority of the public are not on side” with removing the prohibition from the bylaw.

“Single file cyclists on the ​road I think is a traffic challenge enough,” he said. “To allow to have two aside, we’re just creating a problem.”

He said he thought removing the side-by-side prohibition from the region’s bylaw would create “discord” in the region between cyclists, drivers and the municipalities.

Several councillors called for more education for cyclists and drivers on the rules of the road.

Before the motion was passed, Councillor Karen Redman confirmed that they were not passing a bylaw to allow side-by-side cycling, but rather just removing an old bylaw that prohibited it.

Shantz asked for confirmation that Woolwich could have a different bylaw than the region for its roads with regard to side-by-side cycling.

Municipalities can have specific bylaws for roads 

Waterloo Regional Police Staff Sergeant Mike Hinsperger agreed that the HTA does not specifically address side-by-side cycling, and only says that slow moving vehicles must pull to the right to let faster vehicles pass. He said municipalities can have more specific bylaws for their roads that are not included in the HTA.

For example, he said many township and regional roads have limits for truck weights and widths that are not included in the HTA. Truck drivers can be fined for breaking the municipal bylaw, but are not contravening the HTA.

Hinsperger said under the bylaw, tickets would only be issued for side-by-side cycling if their actions resulted in an incident that involved police. For example, he said if a car had to use the oncoming lane to pass cyclists riding abreast on a rural road and slid off the road into the ditch, the cyclists could be charged with both failing to pull over to allow a car to pass under the HTA, and with contravening a municipal bylaw for riding side-by-side.

Staff satisfied with result


Henderson said following the meeting that he was satisfied with the Planning and Works committee’s decision.

“The industry and culture is constantly changing,” Henderson said. He said the region tries to make bylaws that are “inclusive of cars, bikes, pedestrians, horse and buggies, those with mobility issues and even skateboards and scooters.”

The motion to remove the side-by-side cycling ban was approved by regional council.