This report provides recommendations, options and implications for Traffic Bylaw regulations and educational awareness to enhance cycling safety, including minimum passing distances in response to a motion from the April 29, 2020 meeting of City Council.
Financial Impact
There will be a cost of $30,000 for the educational campaign. This cost will be supported by the Automated Speed Enforcement account.
Policy/Strategic Impact
The available options are consistent with The Official Community Plan, Bylaw No. 2013-48 (OCP), specifically:
Section D3, Goal 1 – Sustainable Transportation Choices, “Offer a range of year-round sustainable transportation choices for all, including a complete streets framework.”
· 5.7 Proactively and strategically promote walking, cycling, carpooling and transit choices by using City and community-led programs and organizations to provide education and promote awareness.
The available options are consistent with The Transportation Master Plan, specifically:
· 4.6 Develop a strategy to increase awareness of active transportation mode opportunities and their benefits.
· 4.32 Increase education and awareness about how motor vehicles and cyclists can safely share road space. Materials and resources should be developed with community partners including SGI Canada.
There is no accessibility, environmental or other implications or considerations.
An alternative reviewed by Administration to Option 1 is:
Option 2: Establish minimum passing distances in the Traffic Bylaw
(Not Recommended)
The original motion from Committee requested that Administration consider requiring vehicles to pass a cyclist with a distance of 1.0 metres at speed limits 50 kilometres per hour or less and 1.5 metres at speed limits over 50 kilometres per hour.
Further details and consideration on Option 2 can be found at the end of the report’s discussion section, with respect to its impacts on Administration’s recommendation for Option 1. It is described as Amendment 17 and would establish a fine for violation of $180.
Administration is working to develop a multi-year cycling campaign that can address three pillars:
· safety education for cyclists
· promotion of existing and new cycling infrastructure across the city
· shifting attitudes of cyclists and drivers towards mutual respect in sharing the road
This campaign will support and enhance the recommended Traffic Bylaw amendments contained in this report upon Council approval.
At the October 28, 2019 meeting of City Council, a referral motion (MN19-19) was passed and it was resolved that:
A report be written by City Administration to the Community & Protective Services Committee in Q1 of 2020 with additional information that includes options, implications, protective gear such as helmets etc., and consultation with other municipalities related to implementing a fine structure and Bylaw enforcement respecting cycling safety.
At its April 29, 2020 meeting, City Council considered report (CPS20-8 and CR20-22) in response to MN19-19 and passed a motion and it was resolved that:
1. Implement an education awareness campaign, as outlined in “Motorist and Cycling Distance – Option 2”.
2. Implement a communication plan to educate residents on the benefit of wearing helmets and the use of additional safety equipment on bicycles, as outlined in “Helmets and Cycling Safety - Option B”.
3. Direct Administration to prepare a report to be brought back to the Community & Protective Services Committee on April 8, 2020with respect to requiring motorists to maintain a distance of 1.5 metres when passing a cyclist with a speed higher than 50 kilometres per hour, and one metre when passing a cyclists with a speed of 50 kilometres per hour or less.
Administration reviewed The Traffic Safety Act (the Act) and completed a jurisdictional review of other bylaws, provincial acts, and regulations (Appendix C). Saskatchewan’s provincial legislation, including the Act, has few provisions that regulate pedal bicycles, and none that regulate the passing distance between motor vehicles and pedal bicycles.
The Traffic Bylaw already contains a section that requires cyclists to operate a bicycle in accordance with the applicable rules of the road as set out in the Act.
Many jurisdictions use a combination of provisions for both motorists and cyclists to maximize safety while ensuring adequate traffic flow.
Administration engaged with the Traffic Bylaw Working Group (TBWG) for the proposed bylaw amendments to enhance cycling safety, including provisions to require motorists to maintain 1.5 metre and 1.0 metre passing distances on roads with speeds of 50 kilometres per hour or less and higher than 50 kilometres per hour respectively. The TBWG is comprised of members from Traffic Engineering Branch, Regina Police Service, Bylaw Enforcement and Parking Services. The Infrastructure Engineering Branch, who is establishing cycling infrastructure standards in the city of Regina, also attended these TBWG meetings to provide a review of the proposed amendments and how they relate to the Transportation Master Plan (TMP).
Option 1: Cycling Safety - Traffic Bylaw Amendments
(Recommended)
Cycling is a healthy transportation option and is encouraged and promoted through Regina’s TMP and the OCP. This recommended option strives for a holistic approach to improve cycling safety by addressing both direct and indirect impacts on cyclist safety, while ensuring a practical implementation of regulations for both general traffic flow and ability to successfully enforce the Traffic Bylaw.
Through extensive discussions, the TBWG recommend items 1 through 16 as bylaw amendments, and support Council’s goals for improved cycling safety in Regina.
Administration recommends amending the Traffic Bylaw to increase the safety of cyclists through the following proposed amendments. The recommendations below are designed to increase safety for cyclists while also clearly defining the responsibilities of both cyclists and motorists.
Amendment 1:
Add definitions for cycling infrastructure that includes both existing and future road treatments:
a. Bicycle Lane
b. Bicycle Lane Buffer
c. Protected Bicycle Lane
d. Advisory Bicycle Lane
e. Bicycle Boulevard
f. Bicycle box
g. Bicycle Cross-Ride
h. Multi Use Cross-Ride
The definition of ‘Bicycle’ and ‘Bicycle only lane’ already exist in the Traffic Bylaw. The addition of the new terms will permit the installation of new infrastructure types. It will also ensure regulations can be established with respect to specific infrastructure, while also ensuring motorists obligations are clear. Several of the definitions are required for subsequent recommended amendments below.
The actual definitions will be determined with the City Solicitor’s office and will be contained in the Bylaw Amendment report; typical definitions can be found in Appendix B.
Amendment 2:
Require the driver of a vehicle to drive in a manner that is reasonable and prudent when approaching any special hazard that exists with respect to cyclists or other active transportation modes. Establish a fine for violation of $180.
Section 213(2) of the Act states that “no person shall drive a vehicle on a highway without reasonable consideration for other persons using the highway”. This section has a fine amount of $500 for a first-time offence, and $1000 for a second offence in a 12-month period, and a $1500 for a third offence in a 12-month period.
This provision of the Act can be and has been used to address egregious driver behaviour near cyclists. However, the large fine for the offence sometimes limits a peace officer’s appetite for use of this section with less serious, yet still improper activities, such as failing to slow as appropriate when in the vicinity of cyclists. This proposed new amendment to the Traffic Bylaw will provide more discretion for Regina Police Service’s enforcement to ensure motorists are penalized for more moderate unsafe acts near cyclists.
It should be noted that adding this proposed amendment to the Traffic Bylaw does not preclude Regina Police Service from issuing an offence under Section 213 of the Act, rather this proposed bylaw amendment and the choice of provision would be at the officer’s discretion based on the severity of the incident.
Amendment 3:
Prohibit the driver of a vehicle from following a cyclist more closely than is reasonable and prudent, without due regard for the speed of the bicycle. Establish a fine for violation of $100.
Anecdotal accounts from cyclists self-reporting hazards or near miss incidents indicate they frequently experience aggressively encounters with impatient motorists when operating on narrow or obstructed roadways with insufficient room for the faster moving vehicle to pass the cyclist. The intent of this provision would be to penalize a driver who follows a cyclist closer than is reasonably safe, whether by ignorance, or as a deliberate attempt to intimidate cyclists who are lawfully occupying the street. The requirement to maintain an appropriate distance from a cyclist also improves the vehicle’s ability to avoid a collision with a cyclist who stops suddenly or who falls from the bicycle.
It should be noted adding this proposed amendment to the Traffic Bylaw does not preclude Regina Police Service from issuing an offence under Section 213(1) of the Act, which states that “no person shall drive a vehicle on a highway without due care and attention”.
Amendment 4:
Prohibit the driver of a motor vehicle from passing a cyclist in the same lane that the cyclist is occupying except where the lane width exceeds 4.5 metres and the cyclist is able to safely operate in the far-right of the lane, or the far-left lane of a one-way street. Establish a fine for violation of $85.
The intent of this provision is to ensure motorists have a clear understanding of the right of cyclists to operate as a vehicle in a travelling lane where no dedicated cycling lanes exist.
Where two or more lanes exist in one direction it would also require a motorist to change lanes to pass the cyclist, thus providing a much larger buffer space for the cyclist. Some disruption to traffic may occur where a parking lane does not exist or where a parking lane has many parked cars. The vehicle would then have to wait for the appropriate time to pass a cyclist.
Amendment 5:
Require the driver of a motor vehicle to pass a cyclist at a speed no greater than 50 kilometres per hour, or for streets with a posted speed limit equal to or exceeding 80 kilometres per hour at a speed no greater than 70 kilometres per hour, with exceptions for:
a. passing cyclists who are operating in a designated bicycle lane
b. where two or more lanes of travel in the same direction exist and the vehicle is travelling with at least one full lane away from the cyclist occupying the shoulder
Establish a fine for violation of $180.
This provision requires that a motorist slow down to pass a cyclist on any roadway that has a speed limit of greater than 50 kilometres per hour, where the risk of serious injury or death to a cyclist is greatest. It will also give enforcing officers a definitive standard to use for any motorist who may be speeding while passing a cyclist.
There may be some impact to traffic flow where there are high volumes of traffic operating on a highspeed roadway and vehicles are not able to change lanes and subsequently must reduce their speed. However, the time required to pass a cyclist is minimal and traffic will be able to quickly resume regular operating speeds.
Amendment 6:
Prohibit cyclists from operating on the following roads:
a. Ring Road between Pasqua Street and Victoria Avenue
b. Highway 1 Bypass between Victoria Avenue and City Limits.
Establish a fine for violation of $85
The intent of this provision is to protect cyclists and remove conflict points on a 100 kilometres per hour expressway. The access points on and off the expressway are free-flowing and present a greater hazard to cyclists when compared with highspeed roads with controlled intersections.
Amendment 7:
In addition to Amendment Six, prohibit cyclists from operating on roadways with a posted speed greater than 50 kilometres per hour, unless the cyclist is operating in a designated bicycle lane or upon a paved shoulder of at least two metres. Establish a fine for violation of $85.
The intent of this provision is to ensure cyclists are not encouraged to operate on a roadway which may be unsafe due to the speed differential of vehicular traffic and bicycle traffic and the likelihood of severe injury should a collision occur.
This proposed prohibition also decreases the hazards for vehicular traffic when travelling at higher speeds encounter an unexpected cyclist and where motorists are unable to slow down as appropriate to pass. The provision provides exemptions where the City of Regina has constructed appropriate infrastructure for cyclists. For example, under this provision, cyclists would be able to operate in the bicycle only lanes on Wascana Parkway which is a 70 kilometres per hour expressway.
This provision also supports the establishment of maximum passing speeds in the Amendment Five.
Amendment 8:
Add bicycles to section 53 of the Traffic Bylaw which already states that no person shall open the door of a vehicle unless it is safe to do so and can be done without interfering with the movement of traffic. Change the fine for violation from $70 to $180.
A frequent concern for cyclists is the hazard of stopped vehicles suddenly opening a car door into their travelling path without adequate time to stop or safely maneuver around the obstacle, resulting in a collision between the cyclist and the car door. This type of collision is known as ‘dooring’. Although cycling collision data is inconsistently collected in North America, a review of available data, studies and self-reported anecdotal accounts, suggest that of the collisions where cyclists are not at-fault, dooring is one of the leading causes of injury.
The Traffic Bylaw currently has this provision and is enforceable as written, but an explicit reference to cyclists will help to frame the concern in a manner that better highlights the risk as being one to road user (cyclist) rather than to property (driver’s car door).
The existing fine amount for this offence is $70. Administration recommends a fine increase to $180 in keeping with other summary offence fines in the Traffic Bylaw for drivers of vehicles with respect to offences towards vulnerable road users, such as pedestrians. Jurisdictions vary in their fine amounts for this offence, with examples ranging from $81 (BC) to $365 (Ontario) or the highest amount noted, $1000 (Chicago, USA).
It should be noted the proposed amendment does not require a cyclist collision or injury be sustained to be considered an offence.
In addition to the proposed amendment, Administration intends to include motorists’ safe door opening in the forthcoming educational campaign. Where protected or separated cycling infrastructure exists, the risk of ‘dooring’ will also be diminished.
Amendment 9:
Require cyclists riding at a speed slower than the normal and reasonable flow of motor vehicle traffic to ride as near to the right side of the right through lane as is safe with exemptions for:
a. all road hazards including fixed objects, parked or moving vehicles and road surface hazards
b. when operating in a bicycle only lane, protected bicycle lane, advisory bicycle lane or upon a cycle track or mixed-use path
c. executing a left turn
d. overtaking another vehicle or cyclist traveling in the same direction
e. for one-way roads with more than one lane, cyclists may also ride as near to the left side of the left through lane as is safe
Establish a fine for violation of $20.
This provision is typically a standard provision in provincial legislation; however, it is not present in Saskatchewan’s Traffic Safety Act. Adding this provision to the Traffic Bylaw will enhance the other cycling amendments with respect to motor vehicle interactions. This provision will allow for adequate traffic flow in most situations while encouraging safe passing of cyclists by motorists.
The provision provides flexibility to cyclists to consider hazards such as the risk of dooring from a parked car and adjust their position in the lane accordingly to provide an appropriate buffer space.
The $20 fine is in keeping with other fines issued to cyclists in the Traffic Bylaw, such as riding bicycles more than two abreast.
Amendment 10:
Add an exemption to section 32 of the Traffic Bylaw for parking a vehicle on a street at the edge which is furthest from the right-hand curb of a bicycle buffer which is adjacent to a protected bicycle lane.
This amendment will allow vehicles to treat the bicycle buffer for a protected bicycle lane in the same manner vehicles treat a curb for parallel parking. The combination of a bicycle buffer and parked cars provide enhanced protection for cyclists from moving vehicles who operate between the curb and the buffer followed by a parking lane.
Amendment 11:
Requiring vehicles to park within 0.3 metres of the edge which is furthest from the curb of a bicycle buffer that is for an adjacent protected bicycle lane. Establish a fine for violation of $70.
This amendment is important to ensure that vehicles do not park too far away from the bike buffer and encroach into a driving lane. This provision is necessary to support new protected bicycle lanes, such as the 2020 Cycling Infrastructure Project on Park Street. A $70 fine is consistent with the offence for parking too far from a curb.
Amendment 12:
Prohibit the parking of a vehicle on any portion of a designated bicycle lane or bike buffer with an exemption for any vehicles owned by or under contract to the City of Regina, which is engaged in maintenance or construction activities. Establish a fine for violation of $70.
This proposed amendment ensures that dedicated cycling infrastructure remains unobstructed for use by cyclists. It is important to note that the bike buffer should also remain unobstructed to ensure it can be effectively used as a protective space between passenger car door openings and the bicycle lane. A $70 fine is consistent with other no-parking infraction fines, such as the fine for parking on a sidewalk.
Amendment 13:
Prohibit the stopping of a vehicle on any portion of a designated bicycle lane or bike buffer except where direct by a police or traffic control device, and with an exemption for any vehicles owned by or under contract to the City of Regina, which is engaged in maintenance or construction activities. Establish a fine for violation of $70.
This amendment ensures that dedicated cycling infrastructure remains unobstructed for use by cyclists. A $70 fine is consistent with other no stopping infraction fines.
Amendment 14:
Permit cyclists to operate on a street designated as a one-way street in the opposite direction where a contraflow bicycle only lane exists as marked by signs or pavement markings.
This amendment would ensure bicycles can operate in a designated contraflow bicycle lane despite traveling against the prescribed one-way direction required for vehicles. It should be noted it would still be an offence for a cyclist to operate in the wrong direction of a one-way street without dedicated cycling infrastructure. This offence currently exists in the Traffic Bylaw for all vehicles, including cyclists with a fine for offence of $100. It would be at an officer’s discretion to issue a ticket to a cyclist for this offence.
Amendment 15:
Amend the list of bike lanes in Section 9.1(1) of the Traffic Bylaw to include new and forthcoming bicycle only lanes:
a. extend Lorne Street to 12th Avenue
b. add Chuka Boulevard from Arcola Avenue to Keller
c. add Wascana Gate South on street bike lanes from Prince of Wales Drive to Wascana Circle
d. add forthcoming Park Street from Douglas Avenue to 17th Avenue
This amendment is a housekeeping update to the designated list of bicycle only lane locations.
Amendment 16:
Establish a new section for Advisory Bicycle Lanes, including the requirements for motorists to yield to bicycles already in the advisory lane, and to follow behind the cyclist until such a time as it is safe to return to the shared vehicular driving lane.
Establish a fine for the offence of a motorists failing to yield to cyclists in advisory lanes of $180.
This amendment is primarily a housekeeping amendment to create a new list of advisory bicycle lane locations.
The proposed fine of $180 is consistent with the offence of failing to yield when pulling out from a curb lane on any street. It is also consistent with the fine for similar offences in the Act.
Administration is implementing an educational initiative in the 2020 and 2021 for motorists practicing safe passing behaviours for cyclists as a part of a larger educational campaign. The educational campaign can encompass aspects of cycling safety to align with the recommended bylaw revisions, as well as the benefits of wearing helmets and the use of additional safety equipment on bicycles.
Option 2: Establish minimum passing distances in the Traffic Bylaw
(Not Recommended)
Item 17 is the requested amendment and is not recommended for the reasons identified below. If Council chooses to approve item 17 of Option 2, then proposed amendments 2-5 from Administration’s recommended Option 1 are incompatible and should be removed from any approved combination of Option 1 and Option 2.
In this instance, items 2-5 could be reconsidered at a future time based on the efficacy of item 17.
Amendment 17:
Require the driver of a motor vehicle to pass a cyclist with a minimum distance of 1.0m on roads with a speed limit of 50 kilometres per hour or less and require the driver of a motor vehicle to pass a cyclist with a minimum distance of 1.5m on roads with a speed limit exceeding 50 kilometres per hour.
Establish a fine for violation of $180.
Advantages:
Motorists have clear guidance on a prescribed safe passing distance. The distances specified are aligned with best practices for passing cyclists. Residents may be more encouraged to choose cycling as a transportation with a regulated passing distance.
Disadvantages:
Enforcement Issues:
The primary issue with enforcing this section of the Traffic Bylaw will be measuring the distance between a cyclist and a motorist while they are in motion. Administration has discussed this issue extensively with Regina Police Service who would be tasked with enforcing this moving violation. Regina Police Service advised Administration that an enforcing officer would not have a method of confidently and accurately measuring the distance between the motorist and cyclist while the parties were in motion, in a manner that would yield a successful prosecution. Other jurisdictions have used a measurement device that can be installed on the bicycle however that would only be useful in situations where the officer is the cyclist and would not benefit regular cyclists operating on the road network.
The addition of the provision in the Bylaw could increase the number enforcement requests to Regina Police Service from cyclists. While complaints would be investigated, the process is lengthy and unlikely to lead to charges or successful convictions.
Traffic Flow Impacts:
A cyclist passing distance amendment may cause some traffic flow issues where motorists are unable to pass cyclists due to insufficient widths or where a centre line precludes passing. The designs of some roadways may not leave enough room for a motorist to pass a cyclist which is in a bicycle only lane. If this amendment is pursued Administration would recommend an exclusion of this section for passing cyclists who are in dedicated bicycle only lanes.
In addition, this amendment could become problematic at signalized intersections. If a cyclist is waiting in the curb lane for a red light a vehicle would not be able to pass to make a right turn at the red light. The designs of the City of Regina’s signalized intersections rely on this movement and limiting it may create some traffic flow issues at some intersections. If this amendment is pursued Administration would recommend that it apply only to cyclists in motion.
At the October 28, 2019 meeting of City Council, a referral motion (MN19-19) was passed and it was resolved that a report would be brought back to Community & Protective Services Committee containing additional cycling safety information and a municipal review of fines and Bylaws as they relate to Cycling Safety.
At its April 29, 2020 meeting of City Council reports (CPS20-8 and CR20-22) were considered in response to MN19-19 and it was resolved to implement an educational awareness campaign regarding motorist and cycling distances as well as the use of helmets and cycling safety.
Respectfully Submitted, Respectfully Submitted,
{Signature}
Prepared by: {ResUserUser1:First Last, Title}