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Ontario Highway Traffic Act

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Red light 144 (18) and streetcar 166 (1)
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PostPosted: Tue Nov 02, 2010 1:48 pm 
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Joined: Mon Nov 01, 2010 10:44 pm
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Hi,

I got a ticket 2 days ago for passing a Streetcar and passing a red light on a bicycle. I'd like to fight those tickets since the fine is $435

My point of view:
The moment I passed the streetcar it was not stationary as stated in the HTA 166 (1)
"...which is stationary for the purpose of taking on or discharging passengers, he or she shall not pass the car or approach nearer than 2 metres measured back from the rear or front entrance or exit..."

Passengers approached the streetcar before it stopped, as people entered the front door and opened the way for me, I proceeded past the streetcar to clear the way.

The streetcar came to a halt immediately in front of the red traffic light, so I found myself on the crosswalk of the intersection after I passed the streetcar -> I followed the other person on a bicycle in front of me and proceeded further through the red light.

Does that sound reasonable? The cop was on the other side of the street so he couldn't possible have seen if the doors of the streetcar were open or not the moment I passed.
After all I was just on a bicycle.


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PostPosted: Tue Nov 02, 2010 10:46 pm 
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Joined: Fri Oct 29, 2010 8:08 am
Posts: 30
You will convict yourself if you repeat what you wrote here
"as people entered the front door and opened the way for me, I proceeded past the streetcar to clear the way." "proceeded further through the red light".

you cannot pass an open streetcar door. you are not suppose pass the open doors to clear the way. most streetcar stops are at intersections and therefore by the stop line. Cyclists are treated the same as cars under the HTA, for good reason. You will loose in any contact with a car and a pedestrian will loose in any contact with you.


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PostPosted: Thu Nov 04, 2010 10:47 am 
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I don't think the doors were actually open. people were standing in the car lane - the streetcars are busy in the morning and people tend to run to the door when the streetcar is approaching.
I mean the bicycle lane was free, not the car lane.


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PostPosted: Fri Nov 05, 2010 2:08 pm 
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Joined: Fri Oct 29, 2010 8:08 am
Posts: 30
There is no requirement for the doors to be open. The streetcar has to be stopped for the purpose of loading or unloading passengerts. If it's not than the section does not apply. The number of lanes on the road does not matter. All vehicles and led or riden horses must stop no closer than 2 metres of the entrance to the streetcar. If beside the streetcar you stop prior to the front doors. You can't pass or complete the passing until all passengers are on the streetcar or safely on the side of the street. But again the streetcar has to be stopped. The prosecutor will have to prove it was. As for the red light, if it's red you have to stop. I've been part of 2 investigations in pedestrians killed by a cyclist. Almost a 3rd, but the guy hit in the spring managed to live, unfortunately never to the level he was prior to impact. So, yes even though you were just on a bicycle.


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