BY GIUSEPPE CIPRIANO

Two wheels or four wheels: It's a vehicle in the eyes of the law

With the advent of the new dedicated lanes for cyclists, there are some things you must remember.

Did you know that, if you are stopped by a police officer while on your bike and fail to identify yourself, you could potentially wind up handcuffed, behind bars and facing criminal charges?

How could something as innocent as riding a bike get you into so much trouble?

The answer is that your bicycle is included in the definition of "vehicle" in the Highway Traffic Act. What this means is that not only can the police stop you to enforce any section of the Act that applies to vehicles, but also that Section 218 specifically places a duty upon cyclists to identify themselves to any police officer if the officer finds that person contravening any provision of the Act.

So the next time you are biking home from work and turn on to your quiet street and roll through a stop sign or a red light, a police officer can stop you and issue a ticket.

If you fail or refuse to identify yourself, you could be found to be obstructing the officer in the execution of his or her duty.

Such was the case in 1979, when Richard Moore pedalled his bike through a red light and thereafter refused to identify himself to a police officer who wanted to ticket him. The Supreme Court of Canada ruled that, because Moore refused to identify himself, the officer had no choice but to arrest and charge him with obstruct in order to establish his identity.

Before you panic, know that all you have to do is identify yourself verbally by providing your correct name and address. There is no obligation to provide documentary proof of identification. Since cycling is not a licensed activity, your verbal identification will suffice.

Most people may not know that the HTA has a number of provisions that apply not only to your car, but also to your bike. For example, it is an offence to operate your vehicle in a careless manner. Riding your bike without due care or attention to other vehicles or pedestrians means you could be liable to a fine of between $400 and $2,000.

What exactly does "due care or attention" actually mean? It is a phrase that has been given a broad interpretation by our traffic courts. For instance, if you strike a pedestrian, weave your bike in a manner that interferes with others, ride on the wrong side of the road, hit another cyclist or a parked vehicle, roll through a stop sign or red light or crosswalk or overtake another bike in an unsafe manner, you could be facing prosecution for careless driving or lesser offences.

The Act has many other sections governing the rules of the road, such as those referring to cross walks, traffic signs and signals and making right and left turns and riding on closed roads, yielding the right of way and stopping for pedestrians, stopping for school buses and school cross walks when its signal lights are flashing. All of these must be observed while pedalling.

Whether it is your rusted out old 10-speed mountain bike or a Tour de France road-bike, you are riding a "vehicle" in the eyes of the law. Hence, the HTA empowers the police to stop cyclists to ensure the mechanical fitness of their bikes.

Your bike must have at least one proper working brake on your rear wheel. The Act also requires lighted lamps or reflectors on the front and rear of your bike and to be equipped with a proper working bell. A quick tune up on your bike could save you an encounter with a police officer.

You should also note that the law requires that cyclists wear helmets when cycling on public roads. The Act also places a legal duty on parents or guardians to ensure that no child under 16 operates a bicycle unless wearing a helmet.

The good news in this is that, if you do find yourself getting a ticket for an infraction under the HTA, the demerit point system that applies to your driver's licence for your car does not apply to your bike.

Cycling is a healthy, fun, green and inexpensive method of transportation. You can ditch the crowded roads and pedal the new bike lanes, but you cannot dispense with the rules of the road. Safe travels.

for more information on criminal, DUI,  and traffic matters please call our office at 305-548-5020

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