Anyone ever been "doored" or hit a pedestrian while using the parked car lane?

[Rob MacLennan]

Re: Anyone ever been "doored" or hit a pedestrian while using the parked car lane?

So I found a pdf copy of my abstract. The offence I was charged with is "Improper Drive On Divided HWY-Lane Change" I also took a fail to have insurance card, since the bike wasn't actually mine and the owner was in California at the time for a several months. Believe it or not, I wasn't able to fight the no insurance card as he had the insurance card in storage with the rest of his stuff instead of with the bike, and wasn't able to get another sent my way for quite awhile.

So "improper lane change", to put it in layman's terms. That should have been an easy one to fight, as it wasn't the correct charge. An appropriate charge, assuming that the curb lane wasn't one of those extra wide ones, would have been something like "failure to share road." These days it would likely be a HTA 172 charge though.

 

[eoszlak]

Re: Anyone ever been "doored" or hit a pedestrian while using the parked car lane?

So "improper lane change", to put it in layman's terms. That should have been an easy one to fight, as it wasn't the correct charge. An appropriate charge, assuming that the curb lane wasn't one of those extra wide ones, would have been something like "failure to share road." These days it would likely be a HTA 172 charge though.

I'm not surprised. As much as I've had people tell me my paralegal associate is good, I didn't feel that way after everything was said and done, mind you he did get my actual no insurance charge fine reduced below the minimum fine with no additional fees. I'm pretty sure when I was younger I was charged with improper lane change in short for switching out of HOV lane while driving a cage to avoid a HOV lane usage ticket for not having a passenger. I need to just avoid all charges in general. 172 or otherwise.

 

[Rob MacLennan]

Re: Anyone ever been "doored" or hit a pedestrian while using the parked car lane?

I'm not surprised. As much as I've had people tell me my paralegal associate is good, I didn't feel that way after everything was said and done, mind you he did get my actual no insurance charge fine reduced below the minimum fine with no additional fees. I'm pretty sure when I was younger I was charged with improper lane change in short for switching out of HOV lane while driving a cage to avoid a HOV lane usage ticket for not having a passenger. I need to just avoid all charges in general. 172 or otherwise.

It's almost trivial, in most cases, to get your fine reduced. That's the trick that paras will play on you, making it seem like you've received value for money. Unless that was a charge for operating an uninsured vehicle and he saved you thousands of dollars, the conviction was far more important than the fine.

 

[eoszlak]

Re: Anyone ever been "doored" or hit a pedestrian while using the parked car lane?

It's almost trivial, in most cases, to get your fine reduced. That's the trick that paras will play on you, making it seem like you've received value for money. Unless that was a charge for operating an uninsured vehicle and he saved you thousands of dollars, the conviction was far more important than the fine.

It was actually a charge for operating an uninsured vehicle. I wasn't very impressed to be honest but there wasn't much I could do to my knowledge after he had already gone and fought it and settled, I suppose I could have reopened it. Generally I've never been too impressed with paralegals.

 

[Rob MacLennan]

Re: Anyone ever been "doored" or hit a pedestrian while using the parked car lane?

It was actually a charge for operating an uninsured vehicle. I wasn't very impressed to be honest but there wasn't much I could do to my knowledge after he had already gone and fought it and settled, I suppose I could have reopened it. Generally I've never been too impressed with paralegals.

If the vehicle was actually insured, but you just didn't have the card, then you got robbed.

 

[eoszlak]

Re: Anyone ever been "doored" or hit a pedestrian while using the parked car lane?

If the vehicle was actually insured, but you just didn't have the card, then you got robbed.

When I got door'd the vehicle was insured. and I got no insurance card. When I got charge for no insurance the vehicle actually had no insurance.

 

[nobbie48]

Re: Anyone ever been "doored" or hit a pedestrian while using the parked car lane?

I'd like to know.

I saw something like this once. Cabbie pulled to about four feet of the curb and a passenger opened the right rear door nailing a cycle passing on the right. There were no serious injuries but I wondered what charges could be laid if things were more serious. Is there any onus for the cabbie over his fare? What about the passenger or cyclist.

 

[unL33T]

Re: Anyone ever been "doored" or hit a pedestrian while using the parked car lane?

I saw something like this once. Cabbie pulled to about four feet of the curb and a passenger opened the right rear door nailing a cycle passing on the right. There were no serious injuries but I wondered what charges could be laid if things were more serious. Is there any onus for the cabbie over his fare? What about the passenger or cyclist.

In other cases where I've heard of a passenger doing that the driver was charged. I'm not sure what the charge was, though.

 

[Rob MacLennan]

Re: Anyone ever been "doored" or hit a pedestrian while using the parked car lane?

In other cases where I've heard of a passenger doing that the driver was charged. I'm not sure what the charge was, though.

165. No person shall, (a) open the door of a motor vehicle on a highway without first taking due precautions to ensure that his or her act will not interfere with the movement of or endanger any other person or vehicle; or
(b) leave a door of a motor vehicle on a highway open on the side of the vehicle available to moving traffic for a period of time longer than is necessary to load or unload passengers. R.S.O. 1990, c. H.8, s. 165.

Open vehicle door improperly - 165(a) - $85.00
Leave vehicle door open - 165(b) - $85.00

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[nobbie48]

Re: Anyone ever been "doored" or hit a pedestrian while using the parked car lane?

165. No person shall, (a) open the door of a motor vehicle on a highway without first taking due precautions to ensure that his or her act will not interfere with the movement of or endanger any other person or vehicle; or
(b) leave a door of a motor vehicle on a highway open on the side of the vehicle available to moving traffic for a period of time longer than is necessary to load or unload passengers. R.S.O. 1990, c. H.8, s. 165.

Open vehicle door improperly - 165(a) - $85.00
Leave vehicle door open - 165(b) - $85.00

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That seems to cover the actions of the passenger.

I assume there is no onus on the cabbie to control his passenger however he stopped about four feet from the curb to let the passenger out thereby setting up the chain of events. In a lawsuit I can see that being used as leverage for compensation. For ammunition there is a parking regulation where one is not allowed to park more than 12"(?) from the curb. Technically the cab wasn't parked I suppose but the waters are muddying. Since the cyclist hit the cab the cab insurance is now involved. What personal insurance might the passenger carry to potentially pay for their mistake?

The cyclist passed on the right. Who in Ontario doesn't considering our lane zombies?

Had there been serious injuries and a trial I wouldn't want to bet on the outcome.

 

[Baggsy]

Re: Anyone ever been "doored" or hit a pedestrian while using the parked car lane?

Only if the second lane ended for some reason. Most of the two lane roads keep going after every light.

You've never driven down Danforth Ave. then. There's always somebody extra trying to park just a little too close to the intersection, where the jog is for the left turn lanes.

If it's a regular sized lane then no, you're risking a ticket. Worst case a 172. The lane is sized for a single vehicle and the fact that a motorcycle can squeeze through doesn't make it legal, any more than filtering and splitting is legal. Something like this area on Church Street southbound is the sort of thing that I'm talking about, when I mention parking+.

http://goo.gl/maps/Ys0fG

Church still seems like a single lane. It's just a slightly wide lane, no where near two lanes in one like the Danforth. The only way to get up that, looks like it would be if the traffic in the other lane is on the outside of the streetcar tracks, and you shared a little of their lane.

 

[Rob MacLennan]

Re: Anyone ever been "doored" or hit a pedestrian while using the parked car lane?

You've never driven down Danforth Ave. then. There's always somebody extra trying to park just a little too close to the intersection, where the jog is for the left turn lanes.

Church still seems like a single lane. It's just a slightly wide lane, no where near two lanes in one like the Danforth. The only way to get up that, looks like it would be if the traffic in the other lane is on the outside of the streetcar tracks, and you shared a little of their lane.

There's more than enough room to ride down the right hand lane on Church, southbound, on a motorcycle. I do it all the time on a bike with Givi V35 saddlebags, without being anywhere near intruding into the left lane.

 

[Jeprox13]

Re: Anyone ever been "doored" or hit a pedestrian while using the parked car lane?

I remember reading the law on riding on a lane with a parked car, I'd have to find the source but...

The lane is considered open if a car is parked on it. It may be tight for standard vehicles, but it's perfectly legal for motorcycles to use as a lane.
The law went something like "...road way is useable for vehicles if a car is parked or making a right turn..."

As for getting "doored" or "winning the lottery", that's the risk in riding in the narrow spaces.

Go Slow, be attentive, and I rev/honk every now and then to keep people aware of me.

 

[unL33T]

Re: Anyone ever been "doored" or hit a pedestrian while using the parked car lane?

I remember reading the law on riding on a lane with a parked car, I'd have to find the source but...

The lane is considered open if a car is parked on it. It may be tight for standard vehicles, but it's perfectly legal for motorcycles to use as a lane.
The law went something like "...road way is useable for vehicles if a car is parked or making a right turn..."

As for getting "doored" or "winning the lottery", that's the risk in riding in the narrow spaces.

Go Slow, be attentive, and I rev/honk every now and then to keep people aware of me.

I know that's the risk. I'm just wondering what the legal outcome was/would be.

 

[Bike Cop]

Re: Anyone ever been "doored" or hit a pedestrian while using the parked car lane?

I was asked to provide some insight on this, I will try my best. I've read the posts and the HTA as it pertains to the scenario; two or more lanes provided for the desired direction of travel, where the rightmost lane has one or more parked vehicles in it. The question: Can a motorcycle use the rightmost lane to overtake other vehicles?

The section for opening a car door, and not leaving it open for an unnecessarily long time was already posted. That definitely applies in this scenario. Generally, if a door is opened and hits someone, it's the door opener that's at fault.

As for using the lane, the closest I could find is s. 150:

[h=3]Passing to right of vehicle[/h] 150. (1) The driver of a motor vehicle may overtake and pass to the right of another vehicle only where the movement can be made in safety and,
(a) the vehicle overtaken is making or about to make a left turn or its driver has signalled his or her intention to make a left turn;
(b) is made on a highway with unobstructed pavement of sufficient width for two or more lines of vehicles in each direction; or

(c) is made on a highway designated for the use of one-way traffic only. R.S.O. 1990, c. H.8, s. 150 (1).

This section allows you to use the right lane to pass. When it speaks about 'vehicles', it includes things like skateboards, rollerblades, bicycles. Motorcycles are motor vehicles under the HTA (of course).

I read this section and see that unless prohibited by a bylaw, you may use the right lane to pass a vehicle in the left lane, just the same as a cyclist would. The difference between this and lane splitting/filtering? The motor vehicle on the right is parked and is not in danger of being set into motion. So long as the lane is of 'sufficient width'.

 

[unL33T]

Re: Anyone ever been "doored" or hit a pedestrian while using the parked car lane?

Thanks. Any idea what would qualify as "sufficient width"? I guess if I'm dodging mirrors it's probably not sufficient width.

If you are using a lane that is not of sufficient width and get hit by a door or something, I presume you'd be charged instead of the door opener? Or perhaps both of you would be charged?

Pedestrians seem to love to stand in this lane, or walk out in front of you (even while staring directly at you as an oncoming motorcycle). I'm assuming it probably wouldn't work out well for a rider if they hit someone that did this.

 

[Mango Rider]

Re: Anyone ever been "doored" or hit a pedestrian while using the parked car lane?

Pedestrians seem to love to stand in this lane, or walk out in front of you (even while staring directly at you as an oncoming motorcycle). I'm assuming it probably wouldn't work out well for a rider if they hit someone that did this.

I would imagine it wouldn't work out well for anyone to hit someone in that scenario.

Sufficient width tho is something I'd also like to know. Like Queen St East is sufficient? Danforth rd? Bayview' south of Eglinton to the DVP? As a motorcycle I can fit plenty, as long as someone is driving ON the dashed lines