Failing to obey a stop sign - on a bicycle

Unread post by: **eklipse** on

Failing to obey a stop sign - on a bicycle

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Unread post by: eklipse on
Thu Aug 08, 2013 1:02 am

I just wanted to post my situation and see if this is something I should try to fight.

Basically I was biking on the sidewalk, which yes I know is illegal, but I have never felt safe biking on the road. While I was biking on the sidewalk, I approached a four way stop and continued to go across the crosswalk while all vehicles at the crosswalk had stopped. I had forgotten that i was basically a "vehicle" and the cop I passed stopped me and gave me a ticket for for "136 1. (1) (a) Every driver or street car operator approaching a stop sign at an intersection, shall stop his or her vehicle or street car at a marked stop line or, if none, then immediately before entering the nearest crosswalk or, if none, then immediately before entering the intersection." This will cost me $110.00 and if I'm not mistaken, give me 3 demerit points. My mistake was that a) I was biking on the sidewalk and b) I was acting as if I was a pedestrian.

I personally don't feel that I should be charged as someone who completely ignored a stop sign while driving on the road, but I could be wrong. I am just looking for another opinion. If I was on the street, I would obviously not fly through a stop sign. That's obviously not an intelligent decision.

Thank you for your time.

Unread post by: **ynotp** on

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Unread post by: ynotp on
Thu Aug 08, 2013 10:45 am

If you were on the sidewalk then I might be tempted to try and argue that technically you weren't on the road when you approached the stop sign. I was under the impression that the HTA only applied on public roads? Thoughts?

Unread post by: **OPS Copper** on

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Unread post by: OPS Copper on
Thu Aug 08, 2013 5:31 pm

Sidewalk is part of the roadway. Simplified is front property line to front property line is the roadway. So side walks and ditches and even encroachment a are part of the roadway.

So if you we're driving a car down the sidewalk then your just acting like a pedestrian....

The fact is you are NOT a pedestrian and where charged appropriately.

Ops

Failing to obey a stop sign - on a bicycle

Failing to obey a stop sign - on a bicycle

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