Bill 54: Protecting Vulnerable Road Users has passed a second reading in Ontario.
The passing of the bill would create real consequences with mandatory penalties for drivers who cause injury or death.
Local MPPs will vote on whether the bill becomes law in the next few weeks. Various coalitions and organizations including running, walking, and cycling groups are urging Ontarians to contact their local representatives to support passing of the bill.
In 2020, 124 pedestrians and other road users were killed on Ontario roads according to the Ministry of Transportation’s Ontario Road Safety Annual Report.
Each day, on average, seven people are taken to hospital because they were hit by a car in Ontario.
Currently, drivers who kill or seriously injure pedestrians are charged with careless driving under Ontario’s Highway Traffic Act. Drivers often face minimal sentencing and if charged, they pay a small monetary fine and are not required to attend court.
Clifford Vanclief, owner of the Hub Bicycle Shop in Cambridge, said the passing of Bill 54 is long overdue.
“It is needed as an important part of our infrastructure, and we need it now. We are seeing why more and more with an aging population and people not being able to afford vehicles,” Vanclief said.
“And today, everyone is in such a hurry. People are driving without insurance and with cell phones. Distracted driving is big. People are distracted. And with vehicles these days, it’s like bringing your living room into your car. People are acclimatized to comfort. Drivers are less aware, less attentive.”
Out of all cycling fatalities, 62 per cent were at fault of the driver, only 23 per cent were actually charged according to the Vulnerable Road Users Coalition.
Bill 54 amends the Highway Traffic Act, outlining the legal consequences of a collision that seriously injures or kills a pedestrian, a cyclist, a mobility device user, a roadway worker, an emergency responder outside their motor vehicle or another individual listed in the Bill.
“I get the sense many people are not familiar with Bill 54 yet, but I’m sure once it passes, that will change,” said Ashley Cullen, chair of the Cambridge Active Transportation Committee.
“I think that this is definitely a step in the right direction. And I think that this can hopefully bring some peace of mind to people who either themselves or have family who have loved ones that have been injured or have lost their lives as a result of a collision with a car.”
Cullen is also program director for Cycling into the Future, an organization that provides cycling education in Waterloo Region.
“We do a cycling program with kids in Grades 5 and 6 across the region and we take them on the road and do on road training,” Cullen said.
Cullen said she thinks Bill 54 can help send a strong message to motorists.
“As the driver of car, you have a really high responsibility because the damage and the harm you can inflict is so much greater than any other group,” Cullen said, “and I think that this Bill reflects that.
"If a pedestrian walks into another pedestrian, it can knock them over, but there is very little harm that come out of that. But if a cyclist hits a pedestrian, it might hurt both of them. If a car hits a pedestrian or a cyclist, they can hurt or even kill someone There needs to be responsibility and accountability that is proportionate to that.”
A driver that causes injury or death is guilty of an offence if they break one of the rules of the road listed in the Bill. These rules include unlicensed driving, driving while intoxicated, driving while using a cell phone, speeding, careless driving, disobeying signs or lights at intersections or pedestrian crossovers, proper signalling, sharing the road, safety near emergency vehicles, and safely opening car doors.
A driver convicted of an offence is subject to a mandatory probation order. Such an order will require the driver to take a driving instruction course and perform community service.
The community service will include activity related to improving driving safety and public education. Their driver’s licence will be suspended during the probation period.
The driver must also attend the sentencing hearing.
Vanclief said he grew up riding his bike from North Dumfries into Cambridge every day. There was no infrastructure for bikes at that time.
“There is a weight ratio with vehicles versus bikes. Drivers need to take charge and hopefully when this legislation comes through, there will be an educational component included,” Vanclief said.
“This is so important, especially now coming out of a pandemic. We need to be safe. Kids need protection and we need to protect our kids.”
In the meantime, Cullen said it’s important to make children aware of their surroundings while riding on city streets.
“With kids, we really try to emphasize that making eye contact with drivers, especially at intersections, is important. Even if you feel you have the right of way, it’s important to make eye contact with anyone that’s there. Make sure they see you so that they don’t go at the same time,” Cullen said.
“Also, we want kids to be aware of their size. They are smaller than adults on bikes, and there are vehicles including school buses, that are high up. Even a driver who is trying really hard to be aware of what’s around them, and to be aware of who else is using the road, it can still be difficult for them to see children. And children also need to be made aware of that.”
Cullen said if children ever feel uncomfortable, they have the option of getting off their bike, move back on to the sidewalk, and become a pedestrian.
Vanclief says Bill 54 is needed now, more than ever.
“It’s about protecting vulnerable road users,” Vanclief said. “And they do need protection.”
