Whitehorse Daily Star

I really didn't believe it,' cyclist says

Coming down Two Mile Hill this morning, cyclists like Dan Cable and Michael Barton were greeted by an unwelcome surprise.

By Whitehorse Star on June 2, 2004

Coming down Two Mile Hill this morning, cyclists like Dan Cable and Michael Barton were greeted by an unwelcome surprise.

Bylaw officers were handing out tickets to those not following the bylaw governing cycling in the city.

Those riding on the sidewalk, or cycling on the bike path but not wearing helmets, were fined $25 or received warnings for their transgressions on Clean Air Day when the city encourages residents to use alternative forms of transportation.

'I really didn't believe it,' said Barton said this morning about his ticket.

Barton, who cycles to work quite often, said the city encourages people to ride their bikes to work, then sets up a 'snare' for those who do.

Cable, who cycles to work using the sidewalk of Two Mile Hill every weekday, said he won't pay the $25 fine. If it goes to court, he plans to plead not guilty because, he argued, the bylaw isn't enforceable.

'I don't intend to pay,' Barton also noted.

A group of cyclists he spoke to are planning to see if the tickets handed out on Clean Air Day can be waived.

Cable said the bike path on the hill is designed so cyclists are forced onto the sidewalk at intersections such as Industrial Road. There, Cable said, 'a posse' of three bylaw officers called him and some friends also travelling downtown to a halt.

Cable and his comrades were on their way to the annual pancake breakfast the city hosts for Clean Air Day.

The day is part of a national campaign to encourage citizens to reduce greenhouse gases by not using their vehicles. It asks people to walk or cycle to work for the day.

Clean Air Day is held during Commuter Week, when the city encourages people to use alternate forms of travel.

Barton also said the 90-degree bends in the path force cyclists onto the sidewalk.

Cable suggested if the city is going to enforce its cycling bylaw, it should do so on a more consistent basis not during the week it urges people to use alternative forms of travel.

However, bylaw constable Dave Pruden argued that just because it's Clean Air Day, it doesn't mean residents don't have to follow the law.

After receiving numerous complaints about cyclists on the sidewalk, the bylaw department decided to begin a two-week campaign to get cyclists off the sidewalk, bylaw manager John Taylor said this morning.

Since city council amended the cycling bylaw last year, bylaw officers have been telling cyclists about the helmet regulation and reminding them the bylaw doesn't allow cycling on sidewalks or on Two Mile Hill.

Cyclists traveling in either direction up or down the hill are required to use the bike path.

'We become a broken record at a certain point in time,' Pruden said.

So this morning, bylaw officers began their two-week campaign to get cyclists to follow the rules.

Pruden handed out two tickets and one warning after getting started at 7 a.m.

The warning was given to a new Whitehorse resident who wasn't aware of the rules.

Many cyclists can gain speeds of 40 kilometres and sometimes up to 70 kilometres per hour travelling down the hill, which can be dangerous to pedestrians using the sidewalks.

Pruden noted the path is wide enough that cyclists biking down won't run into those biking up the trail.

'I bike that trail every day,' he said.

Cable countered that many pedestrians also use the bike trail. He pointed out the city wasn't ticketing those people.

Pruden said bylaw officers have to respond to complaints they receive like the numerous complaints of cyclists on the sidewalk they've been getting since May.

Officers will be on on patrol on Two Mile Hill through the mornings over the next two weeks.

Cable isn't planning to change his morning commute. However, he did note that to the city's credit, it's making some improvements for cyclists travelling on Two Mile Hill.

The city is planning to construct a bike path on the north side of Two Mile Hill for those descending down the hill.

There needs to be more done by the city for cyclists, Cable believes. The twists and turns in the current path coming down Two Mile Hill make it difficult for riders who want to 'power up' the hill, he said.

'They're not useful for everybody,' he said.

Last year, the previous city council considered changing the bicycle bylaw to permit cyclists to bike down the south side of the hill, which many already do.

The council voted against that change but opted to make it mandatory for cyclists to wear helmets.

This morning, Barton said he saw one woman almost in tears over the encounter with the bylaw constables. She told them she didn't know about the regulations.

Most of the complaints about the cyclists come in during the morning hours, Pruden said.

He noted the bylaw department doesn't have the time to be on Two Mile Hill throughout the entire day.

'We have a lot of stuff on our plate,' Pruden said.

Coun. Dave Stockdale said this afternoon he plans to bring forward a motion at Monday night's city council meeting that tickets given out to those who didn't wear a helmet today be waived. He plans to look at the number of tickets handed out before he decides how his motion will be worded.

Many who opted to ride their bike for Clean Air Day may not have known about the helmet regulation.

The city made a big deal about Clean Air Day. It was hoped some would see the fun in cycling to work and decide to do it again on a more regular basis.

Stockdale said he doesn't plan to have tickets waived for those riding on the sidewalk, though.

'It should be common sense,' he suggested of not riding on the sidewalk.

During his last term on council, Stockdale was spotted briefly driving his car on the sidewalk.

While administrative staff told him council should have written a waiver into the bylaw originally, he said he believes the city can waive the tickets.

Stockdale had planned to bike downtown for the pancake breakfast, but opted not to because he doesn't have a helmet. He also planned to take the bus, which is free today, but said it didn't show up on time so he ended up driving.

If anything, he said, the ticket controversy will let residents know what the rules are for cycling in the city.

'This'll certainly put the bylaw out front and centre,' he said.

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