Running Red Light on Bicycle. Bicycle = Motorized Vehicle?

PONS
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Running Red Light on Bicycle. Bicycle = Motorized Vehicle?

by: PONS on
Thu Jun 26, 2014 4:09 pm

Hello everyone, I was recently on a bicycle where I ran a red light on a 3-way intersection (Eastbound, Augusta and College). The reason I ran it was because I saw the pedestrian countdown and saw it on zero and therefore knew the light was about to turn green. As I approached the intersection, I slowed down, and went through, just before it turned green. To be honest, I still don't know for sure if I actually ran a red light so I'll ask for disclosure regardless. Anyhow, Police was parked on opposite street waiting. He came up to me, asked for identification, I gave him my driver's licence, and he came back with a $325 ticket and classifying me as a "motorized vehicle". This is my first ticket and I have opt to goto court. I have a few questions:

1) No where on the ticket does it indicate I got any demerit points. However, I've heard that running a red light = 2 demerit points. Can someone tell me if I got 2 demerit points or not? Or better yet, how to find out if I got demerit points or not?

2) On the ticket, he checked me off as a "Motorized vehicle". In the HTA, a bicycle is defined as a "power-assisted bicycle" as it's powered by muscular. Do people think I can use this as a case to say that I shouldn't be classified as a "motorized vehicle" in hopes to reduce my fines and most importantly remove the demerit points? I am aware I ran a red light so I am wiling to pay the fines, but not the price that's the same as a car would be, and a certainly not increase my insurance when I was on my bike and not on my car.

Would appreciate any advice and strategies going to court


devin98
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by: devin98 on
Thu Jun 26, 2014 4:36 pm

I will be honest I a glad to see them handing tickets out to bikers. How many times do I see them feel like rules do not apply to them, if you ride on the road you need to follow the sale rules as a car. I also feel bikers on the road should carry full insurance.

I don't mean the thread jack this but its always a hot topic for me, ever since a guy ran into my wife's car causing $2400 worth of damage and didn't have a penny to his name, guess who had to pay me! I say bring the tickets on to for people who do not follow the rules and have bikers carry full insurance..


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by: highwaystar on
Thu Jun 26, 2014 4:47 pm

The Globe and Mail recently had an article related to some of your concerns. You can view it here.

Bottom line:
* According to the MTO, bicycle infractions are not applied to the driving record (as long as the ticket says you were on a bicycle).
* no demerits apply if the "vehicle" was a bicycle. However, this information must be clearly outlined (and corrected in court, if need be) so that the court does not send the conviction information to the MTO.
* by extension, since the MTO shouldn't get any information about your "bicycle" conviction, your auto insurance premiums should be unaffected

As per section 1 of the HTA, a bicycle IS a "vehicle" but is NOT a "motor vehicle". Of course, this is all assuming the bicycle is just a regular bicycle with no power source (such as a battery or engine) to propel it.

And if you need clarity that demerits don't apply, just look at section 56 of the HTA. The power to create demerits is limited to only "drivers of motor vehicles or street cars"----of which a bicycle is not one of either!




PONS
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by: PONS on
Mon Jul 14, 2014 6:27 pm

Thank you so much for all your responses. It is very helpful. It is clear that demerit points do NOT apply to bicycles. However, that does not mean I won't get demerit points if the ticket isn't written correctly. Here are my follow up questions:

1) No where on my ticket does it indicate if I am getting demerit points or not. How do I know if I am getting any demerit points?

2) My ticket has my driver's license number listed. When I goto court, should I request that my driver's license number be removed to ensure this ticket does not get on my driver's record and hence does not get to my auto-insurance?

3) The check box for "Motor vehicle involved" is checked. However, the box says "N/N" which I assume means "no". Therefore, since it's checked, I assume that means "no motor vehicle is involved", which is fine. However, no where on my ticket does it specify that I was on the bike. When I goto court, should I request that it needs to specifically state that I was on a bike? Again, to ensure that this won't affect my auto-insurance.

Thanks for all the help

PONS


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by: Stanton on
Tue Jul 15, 2014 9:21 am

1) You can check the table at the end of this link for a list of offences and their associated points. Going through a red light is a 3 point offence.
https://www.canlii.org/en/on/laws/regu/ ... 39-94.html
2) No, your licence number will remain on the ticket. Even if you were never licenced, they would generate a licence number for you to help track offences, etc.
3) Since the box is checked NO, that should tell the MTO NOT to apply demerit points.


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