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Licensed to Ride


With rights come responsibilities. That was the refrain, over and over and over again, from councillors who spoke at the Public Works and Infrastructure Committee yesterday in favour of a motion by Michael Walker (Ward 22) to develop a cyclist licensing program. According to Walker, “licensing would provide for more effective enforcement of the applicable laws and clarify collision situations” [PDF]. Though the debate was largely framed as stemming from concern about cyclists’ well-being (given that cycling does come with dangers, said several, it is incumbent upon the City to do its level best to mitigate those risks through a programme of education and regulation), underlying it was palpable anger and frustration on the part of at least some councillors with regards to how cyclists comport themselves on our city’s streets. “Licensing is a barrier to entry,” protested Yvonne Bambrick, executive director of the Toronto Cyclists Union, and we got the impression that that was exactly the point.


There is a significant and seemingly growing contingent of Torontonians who want to make it harder for cyclists to get on the road. This is born, depending on whose point of view you adopt, from legitimate frustration with consistent and often unpunished violations of the rules of the road or from a selfish desire to preserve those roads for automobiles rather than shifting to a multi-modal understanding of their proper use.
There is some truth in both perspectives. Cyclists, it is true, sometimes make improper turns, or enter traffic abruptly, ride on sidewalks where they oughtn’t, and fail to signal where they ought. In this, they are no different than drivers, who make right turns when they shouldn’t, go over the speed limit as a matter of course, park in bike lanes with regular impunity, and open doors as cyclists ride past with dangerous frequency. The question is whether licensing cyclists will do anything at all to alleviate the problems currently on our roadways.

20090915licensing2.jpg
Photo by Martinho from the Torontoist Flickr Pool.

According to the City’s own staff, who investigated this question in 2005, it will not. [PDF] Bicycles are vehicles under Ontario’s Highway Traffic Act and subject to the rules of the road as outlined therein. A cyclist is subject to fines for improperly operating his or her vehicle under the HTA already—no licensing system must be introduced in order to make these regulations applicable or enforceable when that vehicle is a bicycle rather than anything else. What’s more, even if licensing led to a reduction in these infractions, our roads wouldn’t be in much better shape. Here is where the argument that cyclists are road users like all others and need to be regulated like all others breaks down: though cycling infractions are stressful, annoying, and illegal, they are rarely dangerous. According to a recent study, cyclists cause less than 10% of cyclist-automobile collisions. Cyclists, in short, have a perception problem. They are viewed as being far more damaging than they actually are. This is not to excuse infractions where they occur. As a recent case of a cyclist hitting and killing a pedestrian showed, cycling can be dangerous. It needs to be regulated and those regulations need to be enforced—all of which is already possible. But such cases are outliers, and focusing on them skews our sense of perspective and prevents us from recognizing that the biggest problem on our streets is not that we have too many cyclists disobeying the rules but too few cyclists at all. (The PWIC ended up voting unanimously to refer licensing to staff for further study.)
Fundamentally, those who seek to (over)regulate cycling, who look to the cyclists as the cause of the problems that exist in our current traffic patterns, congestion, and road use, are ones who view cycling as optional—a choice, perhaps largely recreational, and certainly expendable, that gratifies an individual’s desire to ride but has no bearing on or benefit to the well-being of our city at large. This is the falsehood at the heart of the debate. Adding cycling into our city planning is not a matter of ceding (literal, moral, political) ground to a special-interest group that is imposing its mere taste for two wheels on the rest of us. We all, every single one of us, do better as the rate of cycling increases. Our air quality improves, our collective health improves (which means our health care burdens diminish), our roads last longer (saving us more money in street repairs), traffic eases, and our cities, simply, become more livable. We need to make it safer to cycle, and we need to make it easier. The way to accomplish that is assuredly not to put bikes on par with two-tonne motorized vehicles but to think of cycling as a legitimate form of transportation as important as—and we really, really mean equal to—driving and build the infrastructure so that no cyclist is tempted to ride the sidewalk again.

Comments

  • http://undefined ninoslavic

    “…though cycling infractions are stressful, annoying, and illegal, they are rarely dangerous.”
    Excuse me, any cyclist that blows through a full stop, lane splits, weaves through traffic and drives the wrong way up a one way street is dangerous to everyone.
    Eduction and Regulation through Licensing and Enforcement.

  • http://undefined torontothegreat

    Agreed. A cyclist hit my partner 2 years ago as he was blowing through a crosswalk. Told my partner he was a ‘fuckhead’ got back on his bike without injury and drove off
    My partner suffered a concussion, broken collar bone and broken wrist.
    rarely dangerous… pfft. Says who? Those opposed to this? Of course!
    Anyone responsible would not have a problem with this.

  • rek

    So how old should you have to be to get a bike license, and should kids (or their parents?) be arrested for biking without one?
    What about skateboarders? Rollerbladers? Unicyclists? People with those kick scooters?

  • nowhere

    How about people who run really fast who could possibly knock someone over?

  • http://undefined perspecticus

    I appreciate the reference to driving infractions in comparison to cycling infractions at the beginning of the article. It would be interesting to see a study comparing (per capita) the number of infractions per mode of transportation.
    As for the licensing issue, it’s ridiculous – rejected by City staff numerous times, a bureaucratic waste of taxpayer dollars and no more likely to lead to increased enforcement or penalties for infractions.

  • http://undefined JMcCormick

    It’s very rare that someone is able to write such a well written balanced perspective which perfectly summarizes all of my own personal thoughts about cycling into one concise well written post.
    Thank you.
    As to the other commenters. Did you even read what was written above, and think about what was said?
    ‘any cyclist that blows through a full stop, lane splits, weaves through traffic and drives the wrong way up a one way street is dangerous to everyone.’ yes this is true, it is dangerous, but this isn’t EVERY cyclist. It seems as though both comments reflect personal issues with a few bad apples, and thus assumes ALL cyclists are like this. I have had bad accidents with cars, my friends have had bad accidents with cars. “cyclists cause less than 10% of cyclist-automobile collisions” that means 90% of the time it is not the cyclist at fault”. Drivers have licenses, yet this doesn’t seem to prevent the accidents where cars are at fault. A piece of paper won’t help me when I’m biking down College and I get doored by someone and crack open my jaw.
    I live across from a cross walk. I can’t count the number of times I have seen cars blow through the crosswalk without stopping, while a mother with a stroller is midway… and HONK at her for making them stop.
    I am def. not anti car, I drive, I bike, I walk, I take TTC, I’m just saying that it’d be nice to start seeing a positive shift in perspective towards cycling, because I think it would help out everyone’s agenda, and not just quick band aid solutions that won’t solve anything.

  • http://paul.kishimoto.name Paul Kishimoto

    Snow leopards are rare. I’ve seen one. They’re still rare.

  • http://undefined ninoslavic

    All alternative vehicles should require a license. This includes bikes, electric scooters, skateboards, roller-blades and even some pedestrians. Especially electric scooters.
    I don’t expect any children under the age of twelve to be riding on a busy main street. Regardless of what the laws allow, everyone should be wearing a helmet. Period.
    The driver’s license didn’t exist until cars became more popular and affordable. Even seat belts weren’t popular at first, and yet most of us wear then without question.
    A license law doesn’t revoke the right to choose your method of transportation, instead it acknowledges that you have earned the privilege to drive your vehicle of choice.
    Bad drivers with licenses are another debate.

  • http://paul.kishimoto.name Paul Kishimoto

    FWIW, since the Sheppard/Bryant incident I’ve started yelling “Stop, f***er!” at any fellow cyclists who breeze through intersections I’m properly stopped at.

  • http://paul.kishimoto.name Paul Kishimoto

    Anyone under 18 is required by law to wear a helmet, but are not licensed. The fine is $75 including fees.
    Those 16 or older can be fined $110 for not wearing a seat belt in a taxi, regardless of whether they are licensed drivers.
    The same laws could easily be extended so that everyone was required to wear a helmet. In itself, helmet use is no argument in favour of licensing.

  • http://metamorphostuff.blogspot.com Ryan D

    Both these ideas just seem like more laws and regulations that will be ignored by everyone involved – law breakers and law enforcement alike. I see so many traffic infractions every day – drivers, cyclists, and pedestrians – and hardly ever see anyone caught by police, even when there are police right there when it happens.
    I’m all in favour of cracking down on dangerous drivers and cyclists, but there are already enough laws on the books to do so. Bust all the people making illegal turns, blowing through stop signs, parking where they shouldn’t, and riding on the wrong side of the street before adding to the list.
    (And if the city is really concerned about cyclists, they could investigate some sort of bicycle-proofing for streetcar tracks.)

  • http://undefined fearofcorners

    Ack, this stuff makes me angry. Why must we regulate the shit out of everything? Licenses aren’t going to stop bad cyclists from riding, just as they don’t stop bad drivers. It’s just more needless bureaucracy.
    We are becoming such a nanny state. The lack of opportunity for autonomous decision making in our daily lives is turning us all into children.

  • http://undefined fearofcorners

    That’s right! I think both walking and running in general should be regulated under a unified shoe/sandal/boot licensing program. We’ve been free to walk freely for far too long. After that, I suspect we should look at licensing the use of doors, whether traditional or revolving. One cannot be too safe these days, what with all the terrorism and such. Also, think of the children.

  • http://undefined jimvanm

    The following is a comment I made earlier about a similar article. I think it’s even more relevant now:
    In Toronto, we are still learning how to find a balance between the needs of cyclists, and the needs of drivers.
    In Copenhagen, they have something that we should be studying very carefully. There, bicycles and cars co-exist in a way that we can scarcely dare to dream of.
    How do they do it?
    Frankly, I don’t know nearly enough to say for certain, but there are several things worth noting:
    1) If there is no bicycle lane (which is rare), vehicles yield to bicycles.
    2) Cyclists obey the law.
    3) Children are taught from an early age the rules of the road for cyclists (this is common in much of Europe).
    4) The prevalence of bicyles appears to have a calming influence on traffic.
    As it stands right now, here in Toronto we have so much confusion, and stemming from that, hostility, between cyclists and drivers.
    Some things worth considering (this is just a brainstorm, so forgive me if I display ignorance of all the issues):
    1) Bicycles should be given the right of way in amost all cases. (if for no other reason than for safety). I can’t help but wonder if this would have the same calming effect on traffic that it does in Europen cities where bikes have the right of way.
    2) A clear set of laws need to be devised for cyclists. No more free for all. (if cyclists don’t respect the law, drivers won’t respect them).
    3) Police need to be empowered to enforce these laws. Cyclists must be held to the same standards as drivers.
    4) Children need to be taught the rules of the road for cyclists. At age 12 and older, any resident operating a bicycle must have a cyclist certificate indicating that they have passed a test of the rules of the road (as is done in many European nations). This could be handled by the education system (similar perhaps to a swimming certificate, or other types of awards), and would become an accomplishment our children could be proud of; a step on the path to adulthood. Imagine what happens when these children grow up and start driving cars? Having been formally trained to be good cyclists, as they graduate to cars, they are going to have a much greater respect for cyclists they encounter on the road. Not only that, but having learned the rules of the road from a much earlier age, they will in turn become better drivers.
    5) Extensive advertising must make both cyclists and drivers aware of the new laws. If the rules are fair and sensible, people are more likely to respond sensibly to them. Right now, I don’t think very many people really know what the laws are regarding bicycles, and I know for certain that many cyclists do not obey the laws that currently exist (nor, to be fair, do many drivers).
    In countries in Europe where bicycles are a common mode of transportation (such as Holland and Denmark), people take cycling very seriously. As a result, both drivers and cyclists co-exist much more peacefully than they do here.
    Can we learn something from those who seem to have already figured so much of this out?

  • wesshepherd

    This is the most sensible, unbiased commentary I’ve seen on this subject. You should run for Mayor, or at least city council.

  • http://undefined Ben

    Why must we regulate the shit out of everything?

    I like the expression “When your only tool is a hammer, every problem starts to look like a nail.”

  • http://undefined PickleToes

    But I thought socialists enjoyed regulation…

  • http://undefined Andrew

    Yet everyone seems to have an anecdote about unsafe jackass bikers. So, perhaps not as rare as you think.

  • http://undefined heys

    If there were real physically separated bike lanes there would be far less need for licensing.

  • http://undefined torontothegreat

    The point is there was no way to make the biker responsible for his actions. Had he had a license plate on the bike, my partner could have sued the life out of him for damages. Without a registration, there is no recourse.

  • http://undefined _K.

    I’ve been very disappointed by the newspaper that I subscribe to for failing to capture more than just one of the rather obvious aspects of this issue. And yet, they are easily written down by anyone with a balanced perspective as is shown here in this article. I’m a driver like most everyone else, 400,000 km behind the wheel so far with an outside shot at a million klicks before I retire my license, and I just can’t see why other motorists are so selfish on this issue. They simply will not share. Recent events remind me yet again that cycling continues to be a subculture which is not understood by the mainstream media, nor any official in any department or ministry of transportation, nor any elected representative. Is it possible that one must literally get on a bike and get out there in Monday-Friday traffic before one can understand and write about this issue?

  • http://undefined torontothegreat

    Does rarity make something less dangerous? I had no idea :P

  • http://undefined Astin

    For those claiming that it’s only a few bad apples, I ask – where do you live?
    I’m right in the core. I live and work downtown. I walk nearly everywhere, drive when I need to carry more than is reasonable on the subway, and occasionally even bike. I see almost nothing BUT irresponsible cyclists with either no knowledge or no respect for the laws that govern them.
    Licensing isn’t about enforcement. Sure, a license plate on a bike would be useful for reporting incidents when the cyclist just takes off, but the main thrust is it forces EDUCATION on the biking populace. Learning to ride a bike here entails training wheels and a parent holding the seat until you’re ready to go it alone. Seldom are the rules of the road communicated to kids learning to ride. At best, they learn the hand signals.
    I’ve been flipped off by bikers who cut me off, made turns without stopping at signs or lights and without signaling, and any other number of things that were 100% THEIR fault. The fact they didn’t actually get hit was because I don’t trust a single cyclist on the roads in the city. The fact *I* haven’t been hit as a pedestrian is pretty much due to luck. I’m SHOCKED when I actually see a cyclist who seems to be OBEYING the laws – signaling, passing on the left instead of trying to squeeze past a right-turning car, obeying signs and lights, or actually turning like a VEHICLE should instead of opting to ride through crosswalks and groups of pedestrians, nearly hitting a few on the way. Hell, I’ve almost been hit by those who are afraid to turn left more times than I can count this summer alone.
    10% is a cute statistic that is completely unbelievable to anybody who watches cyclists downtown.
    I’d safely say that the GOOD cyclists are in the minority in this city. I’m at the point where I’m ready to start kicking the bikes that blow past me on the sidewalk. Except then I’d be the asshole.
    And I’m all for more bike lanes, more bike-friendly streets, and more cyclists – but they NEED to be educated first, and the rules NEED to be enforced. Sure, there will still be terrible cyclists, just like there are terrible drivers, but that number will drop significantly.
    Hell, I’d love to bike more in the city, but I fear the other cyclists as I obey the rules almost as much as I fear the clueless drivers.

  • http://undefined Flaneur

    Thanks for this thoughtful article. I am a driver and admit that I have been annoyed by cyclists in the past because I was nervous about their presence on the road. But over the years I have started to look at things differently.
    Every bike on the road is one less car adding to a jam. I now watch dozens of bikes whiz by me while I inch along in traffic. Once I started looking at each cyclist as one less driver, a smaller carbon footprint, and less wear and tear on the cost of repairing roads.. well I suddenly had a change of heart. I actually appreciate this movement now. I come from a different generation where cycling was sport and driving was everyone’s right, but times have changed and now I carpool and take the TTC.
    The idea of making cyclists have a permit is a sad trend toward over-policing society. Cylists are tax payers like the rest of us and they are actually saving the city money – how can we in good conscience ask them to get a permit when the city has not even made the effort to give them a safe lane to ride in.
    P.S. I feel that bike lanes would help me and the other drivers by giving more safety room on the roads for all.

  • http://undefined Eric26

    I really really hate the “it’s rare, so I don’t have to care” argument. My partner and I get in to heated debate about riding on the sidewalk (I am against it) because he says that it’s unlikely that he’ll hit someone. It’s unlikely, so it’s okay. Sure, only a couple of people have been injured or killed so apparently that’s fine. When I informed him that recent studies in Toronto and Ottawa showed that the CYCLIST was between 2 and 4 times more likely to get in an accident when riding on the sidewalk he admitted that maybe it’s not such a great idea.
    I (sort of) understand the rage that the man in the bike lane pictures feels about his lane being blocked by a mail truck but it’s not nearly as ‘dangerous’ as people make it out to be. If you see someone parked in a bike lane you have time to look behind you and go around it when appropriate. What’s really dangerous (and this killed a man recently) is when someone exiting a car without looking forces a cyclist to swerve out of the way, giving them the option of running in to a car or being hit by one from behind.

  • http://paul.kishimoto.name Paul Kishimoto

    The article reads, “though cycling infractions are stressful, annoying, and illegal, they are rarely dangerous,” which to me seems to be a bulletproof statement. Raising anecdotal evidence against only the word ‘rare’ (which well describes the results of the cited study) as if it would torpedo the whole argument is a non-starter.
    When did I suggest I didn’t care? It would be baiting fate if I did.

  • http://www.flickriver.com/photos/doitintheroad/ dcooper

    Of course, somehow the answer to “protecting cyclists” is to further license and regulate (see also: impede) them, rather than, say, to actually attempt to make the city safer for cyclists.
    Instead of more regulations, Toronto should focus on creating ubiquitous bike lanes throughout the city (NOT just in the downtown core), and basic enforcement of already existing laws. That includes the helmet law above, biking on the sidewalk (illegal with wheels over 24″), and cars fucking waiting to right-turn IN THE BIKE LANE. (That last one’s a personal gripe, but: Westbound College @ Bathurst, anyone?)

  • http://www.flickriver.com/photos/doitintheroad/ dcooper

    There’s an interesting mention of theft returns on the city’s website re: bicycle licensing, which has yet to be mentioned. (link) But the slew of issues raised on the city’s own site seem compelling enough to quash bike licensing for good. (link) As well, the history of bicycle licensing in Toronto seems to indicate that, as I said above, stricter enforcement of already-existing laws would probable solve a number of cycling-related problems. (link)
    If cyclists demand to be treated like adults, then the city should oblige – enforcing all applicable laws to help guide them along the way.

  • http://undefined torontothegreat

    fair enough.
    “though cycling infractions are stressful, annoying, and illegal, they are rarely dangerous”
    Stressful. This probably leads to many conflicts, including but not limited to the Bryant case, although I’m sure mostly less severe, none-the-less.
    Annoying. Reason for licensing to be brought up by city council and perhaps one day a reason for city council to move forward on it. Cyclists are definitely in charge of their own fate. Also, this probably falls into the above.
    Illegal. Drivers, pedestrians and cyclists alike: Blatant disregard for the “rules” in such (what many cyclists describe as) a volatile environment on the road, leads to more anxiety, more accidents and really illustrates the need for licensing or at the very least certified education.
    The “rarely” dangerous aspect is completely misleading IMHO. It’s a matter of numbers. For arguments sake, out of 1000 cars or pedestrians driving, there is maybe one bike. I think I’m being nice with that number too. If there were 1000 cyclists to each pedestrian, the number of accidents (fatal or non) caused by cyclists would increase a thousand fold.

  • http://undefined Astin

    Ugh. When a car is turning right, it is SUPPOSED TO BE IN THE BIKE LANE. The lanes are to prevent cars from driving in them, not from turning in them. Cars are supposed to be as close to the right curb as possible when turning, and this includes going into the bike lane. This is to prevent accidents from cyclists (or ANY vehicle) from attempting to pass on the right when the car is turning. This is the case in every major city in North America, including Toronto.
    As a cyclist, you should either STOP and WAIT behind the car as it turns, or pass on the LEFT SIDE like any other vehicle would. This is one of the most common misconceptions when it comes to cyclists, and a common cause of accidents and angry drivers on both sides.
    And yet another reason why mandatory eduction should be in place for road cyclists.

  • http://undefined Gloria

    Yes, exactly. If you waited in the centre/left lane to make a right turn, you’d be murdered. Cyclists, get some rearview mirrors and bike around, just like drivers have to when they come up to a car waiting for a turn.
    And while we’re on that, when traffic lights in both directions are red for a few seconds, please, pedestrians, don’t start thinking, “Stupid light’s broken, I’m walking.” It’s to give cars a second or two to take their right turns. I’m a pedestrian first (ok, well, second to transit, and driver third) and it drives me crazy how many people just don’t understand what it’s like to drive.

  • http://undefined spacejack

    You know what happens even more frequently? Drivers attempting to make a right turn on a red light by going around the left side of a bike that was there ahead of it. Usually this just ends up blocking the bike from going straight when the light turns green, while the car is forced to wait for pedestrians crossing.
    Heaven forbid there isn’t room for them to attempt this manouver, otherwise they’ll start honking and yelling at the bike – for stopping at a red light.
    All this even though we already have mandatory education for drivers…

  • http://undefined torontothegreat

    If bike and car are both stopped at the stop line, how is one further ahead then the next?

  • http://piorkowski.ca/ qviri

    The bike was at the red light first before the car pulled up alongside. Thanks for playing.

  • http://undefined ostro

    The thing with the right lane. You’ll notice the bike lane line is normally solid. This means cars cannot “legally” enter the lane (nor can cyclists legally enter regular traffic, I suppose). At every intersection that solid line becomes broken into strips, which means cars can legally enter it to make a right turn. If the car is there first, the car has right of way. As was said above, it is better if the car is close to the curb. The only vehicle you can legally pass on the inside is a TTC streetcar (when it’s doors are closed, of course)
    Of course, if the bike is there first, drivers tend try to muscle their way ahead as spacejack says above. This is just wrong. That’s why when I’m at an intersection I wait way out in the middle of the lane so the car physically can’t pass me. If I notice a driver wants to turn right, and I’m in a good mood, I’ll even go out to the far left of the car’s lane and give enough room so the driver can turn. That is me being considerate. There is nothing in the law that compels me to do that.
    A story. A bus was stopped at Bay and Front to let off/on passengers. I pulled up next to him and waited for the light. Before the light changed, he actually asked me to move out of his way. I moved, but I thought I should have just ignored him. The HTA says I’m a car. Would he ask a driver to move? Besides, it was rush hour on Bay. Did he think that he was going to pass me?
    Sounds like both drivers and cyclists need more education about how to negotiate intersections.

  • http://undefined torontothegreat

    both would be parallel to each other. It doesn’t matter who was there first.

  • rek

    Meanwhile, in Copenhagen

  • http://undefined friend68

    Damn you Copenahgen! And the horse you rode in on!

  • http://undefined jimvanm

    Thanks for the kind words :-) It sure would be nice to see us get this right.

  • http://undefined jimvanm

    That is just totally awesome.
    I hope the folks that are thinking up solutions to this stuff are taking the time to talk to real cities that have actually made progress in this area.
    It is possible for bikes and cars to coexist. This has been proven in other cities, Copenhagen being a shining example.