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HomeMy WebLinkAboutINS-14-063 - Staff Response to Cycling Advisory Committee By-law Review Recommendations Staff Rport ICI r I R Infrastructure krvvrces Department www.kitchener ca REPORT TO: Community and Infrastructure Services Committee DATE OF MEETING: June 23, 2014 SUBMITTED BY: Justin Readman, Director of Transportation Services, ext. 7038 PREPARED BY: Josh Joseph, Transportation Demand Management Coordinator, ext. 7152 WARD(S) INVOLVED: All Wards DATE OF REPORT: June 5, 2014 REPORT NO.: INS-14-063 SUBJECT: STAFF RESPONSE TO CYCLING ADVISORY COMMITTEE BY-LAW REVIEW RECOMMENDATIONS RECOMMENDATIONS: FOR INFORMATION ONLY BACKGROUND: On August 27, 2012 Kitchener City Council endorsed report INS-12-70, arising from the Office of the Chief Coroner entitled "Cycling Death Review, A Review of All Accidental Cycling Deaths in Ontario from January 1st, 2006 to December 31st, 2010". As part of that report, Council directed staff to complete "a comprehensive review of city bylaws with respect to cycling and cyclists to ensure they are consistent, understandable and easily promoted and enforced." The Kitchener Cycling Advisory Committee was tasked with reviewing and presenting recommendations to Kitchener City Council and subsequently reported back to Community and Infrastructure Services Committee on January 13th, 2014 (Report INS-14-005). At that time, staff was directed to review the recommendations and to report back to committee with comments. In March, 2014 Ontario Transportation Minister Glen Murray tabled Bill 173: Keeping Ontario's Roads Safe Act at the Ontario Legislature. Bill 173 includes many bicycle-related measures that reflect municipal requests, stakeholder input and recommendations from the Office of the Chief Coroner for Ontario to promote cycling as active transportation and improve cyclist safety. According to the Legislative Assembly of Ontario, Bill 173 was in Second Reading Debate when parliament was dissolved in May 2014. The bill died on the Order Paper, due to the general election being called and did not reach Royal Assent. A similar bill will need to be reintroduced once a new government is formed. IF1 - 1 In early 2014, city of Kitchener staff presented the by-law recommendations, as outlined by the Kitchener Cycling Advisory Committee, to the Region for consideration. REPORT: A list of the proposed measures in Bill 173 as they relate to cycling is provided below: • Section 144 of the Act is amended to allow for traffic control signals that are specific to bicyclists. In locations where there are both bicycle traffic control signals and regular traffic control signals, bicyclists will be required to obey the bicycle traffic control signals. • Subsection 144 (29) of the Act is amended to remove the prohibition against riding or operating a bicycle along a crosswalk. • Section 148 of the Act is amended to require the driver of a motor vehicle overtaking a bicycle to maintain a distance of at least one metre between the vehicle and bicycle. • Current section 153 of the Act provides that vehicles and street cars must be driven only in one direction on one-way streets. This is amended to allow for the designation of a bicycle lane on one-way streets that goes in the opposite direction. A consequential amendment is made to subsection 147 (2) of the Act. • Section 156 of the Act is amended to permit bicycles to be ridden or operated on the paved shoulder of a highway that is divided into two separate roadways. • Inconsistent terminology is currently used throughout the Act to describe bicycling: riding, riding on and operating are used in reference to bicycles (including power- assisted bicycles), and driving, in reference to a vehicle, also includes bicycling. A number of provisions are amended so that they consistently use "ride or operate" in reference to a bicycle or, where the bicycle in the provision does not include a power- assisted bicycle, "ride". The usage of "drive" in reference to vehicles, which includes bicycles, is unchanged. Many of these proposed measures overlap with recommendations from the Kitchener Cycling Advisory Committee and require amendments at the provincial level. The tables below outline the KCAC recommendations, where the authority lies and their current status. It is important to note that the regional By-law consolidation is currently ongoing and has not yet been approved by Regional Council. Clarifications to the existing Bylaw KCAC Recommendations Authority - Status With respect to Part IV-- General 1. a.) (i): the Region (through consolidated By-law Review) prohibition on motor--assisted vehicles on - e-bikes and segways have been added to the multi--use trails or pathways should be list of vehicles not permitted on boulevards, extended to e-scooters, as opposed to pedal- sidewalks and multi-use trails. If and when this -assist bikes. change is made at the regional level Kitchener staff will review our By-laws to determine potential required revisions. In addition, clauses pertaining to the Regional/Municipal - The use of voice is not a interaction between trail users should be listed as an appropriate sounding device under added to the Highway Traffic Act (HTA). However, trails Part IV— General 1.: Persons riding a bicycle do not fall under the jurisdiction of the HTA. on a multi--use trail shall sound a bell, horn, Cyclists should remain consistent with their gong or voice when approaching a trail user use of sounding device whether on trail or on IF1 - 2 (pedestrian or cyclist) from behind. Upon road. Therefore a bell, horn or gong should be approach by another person or persons, a trail used. user (pedestrian or cyclist) on a multi--use trail shall, where possible, turn out to the right to allow the approaching trail user unobstructed passage to their left. With respect to Part IV— General 2. d.) (i) and City of Kitchener— Bicycle parking facilities are (ii), the prohibition on parking a bicycle on any typically located adjacent to roadways by roadway or shoulder, or restricting parking to a means of bike racks. There is precedent of the singular position is strangely restrictive and establishment of bicycle corrals in lieu of on discriminatory. street parking within other municipalities where there is high demand for bicycle parking and limited sidewalk space. In the future the City of Kitchener should investigate revising the By-law for this purpose. With respect to Part V— Parking and Stopping Provincial —This item was being addressed in Restrictions 3. a.) (x) we would extend the Bill 173. It is important to note that cross rides parking prohibition to crossrides as previously would only be installed at intersections and defined. In addition, we would ask that 3. a.) trail crossings. Stopping within proximity of an (xxv) be actively enforced upon delivery intersection is governed by the Highway Traffic vehicles which the bylaw does not exempt. Act, while the City of Kitchener prohibits parking within proximity to trail crossings. With respect to Part VI II — Pedestrian Provincial —This needs to be addressed Crossovers, we would recommend expansion through Regulation 615 of the HTA rather than to include crossrides. a municipal by-law With respect to Part XIII — One Way Streets, Provincial —The Ministry of Transportation of we would recommend the permission for Ontario has confirmed that the Highway Traffic bicycles to travel within a contraflow bicycle Act includes conflicting information on the lane in a direction opposite to the designated legality of contraflow bicycle lanes. Bill 173 direction of traffic on a one--way street. intended to clarify the legislation. As an interim measure the Ministry of Transportation's position is that contraflow bicycle lanes are permitted for installation. With respect to Part XX— Roundabouts, we Provincial —The HTA is clear that slower would recommend the following additions: vehicles must move to the right to allow Where a bicycle lane ends near the entrance vehicles to pass. Where cyclists can maintain to a roundabout, a motorized vehicle shall the speed of traffic or feel that taking the lane yield to any person riding a bicycle merging improves their safety (particularly where lane into the vehicular lane. In addition, When widths are less than 4 metres) they may take approaching a roundabout, no motorized the entire lane. vehicle shall attempt to pass a person riding a bicycle within the same lane. IF1 - 3 Proposed Bylaw Additions/Rescissions KCAC Recommendations Staff Comments 1. Passing a municipal "safe passing bylaw" or Provincial — Bill 173, Section 148 proposed 1 metre rule amendments that require the driver of a motor vehicle overtaking a bicycle to maintain a distance of at least one metre between the vehicle and bicycle. 2. Rescind the prohibition on riding abreast. Regional —This item has been referred to regional staff for consideration in the consolidated By-law review. General agreement has been received from stakeholders to remove this prohibition in the draft By-law. 3. Explicitly prohibit dooring Provincial —This is covered within the Highway Traffic Act 4. Safe Turning; Provincial —This would be required to be addressed at the provincial level. In summary, the Massachusetts Rules of the Road, codifies the interaction of motorists and cyclists during turns: Right turns: No person operating a vehicle that overtakes and passes a bicyclist proceeding in the same direction shall make a right turn at an intersection or driveway unless the turn can be made at a safe distance from the bicyclist at a speed that is reasonable and proper. Left turns: When turning to the left within an intersection or into an alley, private road or driveway an operator shall yield the right of way to any vehicle approaching from the opposite direction, including a bicycle on the right of the other approaching vehicles, which is within the intersection or so close thereto as to constitute an immediate hazard. It shall not be a defense for a motorist causing an accident with a bicycle that the bicycle was to the right of vehicular traffic. In addition to the above, the KCAC recommended five definitions to be added to City of Kitchener By-Law Number 2007-138. Any definition should be consistent with definitions as provided within the Highway Traffic Act. IF1 - 4 ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: This initiative falls under the Community Priority of Quality of Life. "Work with partners, including all orders of government, to create a culture of safety in our community." FINANCIAL IMPLICATIONS: This report is for information purposes only. COMMUNICATIONS: City of Kitchener staff has consulted with Regional staff as well as other regional municipalities via the consolidated By-law review process. Pauline Houston, Deputy CAO ACKNOWLEDGED BY: Infrastructure Services Department IF1 - 5