11-05-2016, 05:00 PM
(11-05-2016, 03:39 PM)notmyfriends Wrote: Not disputing your point, but the section that kps is pointing to seems to be clearly using turn out as a verb meaning move to the side as much as is practical. This is still written, i believe, with the fact in mind that in a city where the lanes aren't wide enough to accommodate a safe pass, you don't have to turn out (ie. you can take the lane). I would argue, though, that if a horse came up behind you going faster than you then you'd probably have to turn out for him in the city
"Bicycles overtaken
(6) Every person on a bicycle or motor assisted bicycle who is overtaken by a vehicle or equestrian travelling at a greater speed shall turn out to the right and allow the vehicle or equestrian to pass and the vehicle or equestrian overtaking shall turn out to the left so far as may be necessary to avoid a collision. R.S.O. 1990, c. H.8, s. 148 (6)."
With respect to the discussion with kps, I believe kds was suggesting that drivers were justified in feeling upset when cyclists take the lane because it is an illegal activity, (I'm being generous here, I meant to imply that drivers act aggressively towards a cyclist who has taken the lane, and drivers under no circumstances are entitled or justified in acting aggressively towards vulnerable road users, but I'm assuming that isn't what kps meant).
Never the less, the MTO's documents as well as all the police forces are crystal clear on this. Taking the lane when the lane is too narrow to share with cars is entirely legal.
With that out of the way, the discussion of the specific HTA provisions is an interesting one. I still don't believe the "turnout" provision applies. There is already a provision within the HTA which specifies the road positioning that slow vehicles should take, it says specifically "Slow vehicles should travel as close to the right of the road as is practicable".
Therefore, "turning out"...can't mean "travel at the right hand side", that's covered under the other statute. Further, the cycling guide gives specific guidelines on the "practicable" qualification. Specifically 1 meter from the curb (as to avoid potholes, sewers, etc.) > 1 meter away from parked cars as to avoid opening doors, and optionally, in the middle of narrow lanes.
The way I have always interpreted the "turnout" requirement, is that under some circumstances, you must turn out and actually stop to wait for cars to pass. Specifically, if there is a road area designated for turning out is provided, you must use it to allow traffic to over take. Such pieces of pavement are common on winding roads, where overtaking is limited, and they're specifically signed as "turnout". Basically, they're a single parking space at the side of an otherwise narrow road.
That being said, it specifies that "any cyclist... that is overtaken". So I'm not entirely sure what that means, I have to turn out, after I'm overtaken? And the overtaking vehicle must "turn out to the left". All in all, it isn't an entirely clear statute to me even, And I'd love to hear an expert chime in on the issue. Or maybe, you know, have the law be clearer in the first place.
On the other hand, the MTO's cycling skills guide is quite clear.