How Much Is the Fine For Passing Too Closely to a Person on a Bicycle?

Passing a Bicyclist Within One (1) Metre Is An Offence Contrary to Section 148(6.1),(6.2) of the Highway Traffic Act. A Driver Convicted of Passing Too Closely to a Person Riding a Bicycle Is Subject to a Fine of Up to $1,000 Plus Victim Surcharge and Court Cost. The Driver Also Receives Two (2) Demerit Points and May Also Be Subjected to Increased Insurance Rates.

Understanding the Law of Passing Too Close to a Bicyclist Including Defence Strategy and Potential Penalties

Girl Riding Bicycle on Roadway It is plain and obvious that a bicyclist is at great disadvantage in size and speed and therefore is much more vulnerable and at risk when using the road than the drivers of motor vehicles. Accordingly, when drivers of motor vehicles are approaching and passing a bicyclist, drivers are legally required to use extra caution and to provide a wide berth between the bicyclist and the motor vehicle.

The Law
What Is the Law About Sharing the Road With a Bicyclist

The law as is provided within section 148(6.1),(6.2) of the Highway Traffic Act, R.S.O. 1990, c. H.8, requires that a driver provide at least one (1) metre of space between the motor vehicle being driven and a bicyclist. Failure to do so offence whereupon the fine for a conviction is found within section 214(1) of the Highway Traffic Act. Specifically, section 148(6.1),(6.2) and section 214(1) of the Highway Traffic Act state:


(6.1) Every person in charge of a motor vehicle on a highway who is overtaking a person travelling on a bicycle shall, as nearly as may be practicable, leave a distance of not less than one metre between the bicycle and the motor vehicle and shall maintain that distance until safely past the bicycle.

(6.2) The one metre distance required by subsection (6.1) refers to the distance between the extreme right side of the motor vehicle and the extreme left side of the bicycle, including all projections and attachments. 


General penalty

214 (1) Every person who contravenes this Act or any regulation is guilty of an offence and on conviction, where a penalty for the contravention is not otherwise provided for herein, is liable to a fine of not less than $60 and not more than $1,000.

Accordingly, as is shown above, the fine for passing too closely to a person on a bicycle is in a range from sixty ($60) dollars to one thousand ($1,000) dollars. Additional penalties will include the statutory victim surcharge plus court cost. Furthermore, upon conviction a driver also receives two (2) demerit points and may also be affected by consequences to insurance rates.

As shown above, the Highway Traffic Act imposes a fine ranging from sixty ($60) dollars to one thousand ($1,000) dollars for driving too close to a person riding a bicycle. Furthermore, a statutory victim surcharge plus court cost will also apply in addition to the driver receiving two (2) demerit points and potentially incurring an insurance rate increase.

Defence Strategy

A passing too closely to bicyclist charge can be defending by knowing the right questions to ask during witness examination and which are the wrong questions to ask.

As the prosecution bears the burden of proof, including proving beyond a reasonable doubt that a motorist passed within one (1) metre of a bicyclist, strategically challenging the evidence, including witness testimony, on the factual issue of how close a vehicle was to a bicyclist may lead to a successful defence of the charge of passing too closely.  Of course, if the charge relates to an accident, where it is plain and obvious that the bicyclist was struck, and therefore the distance between was nill, a very different strategy will be required.

When defending a passing to closely to a bicyclist charge, during the examination process within the court trial, meaning during questioning of the witness, or witnesses, for the prosecution, various strategically planned questions may help to weaken the strength of the witness testimony.  Weakening the strength of testimony may involving asking witnesses:

  • To state how far away the witness was when the alleged observations were made;
  • To state whether the witness was paying more attention to the vehicle or to the bicyclist;
  • To state whether the bicyclist made a turn or change of direction; and
  • To state whether it is possible that the bicyclist wobbled or otherwise moved closer to the vehicle, among other things.

Putting up a strong fight, by knowing what questions to ask and what questions to avoid asking, may enable a successful defence to a charge of driving too closely to a bicyclist.

Summary Comment

Upon a finding of guilt for unlawfully passing too closely to a bicyclist, a driver may be fined up to $1,000 plus victim surcharge and court costs.  The driver will also receive two (2) demerit points and may be subjected to insurance rate hikes.

Need Help?Let's Get Started Today

ATTENTION: Do not send any confidential information through this web form.  Use this web form only to make an introduction.

Send a Message Directly to To Your Defence

ATTENTION: Confidential details about your case must not be sent through this website.  Use of this website does not establish a legal-representative/client relationship.  Do not include confidential details about your case by email or phone.  Use this website only for an introduction with To Your Defence. 
Privacy Policy & Cookies | Terms of Use Your IP Address is: 3.236.111.234
Mailing Address

Post Office Box 99
Britt, Ontario,
P0G 1B0

P: (705) 346-4644
E: info@toyourdefence.com

Meeting Location

1500 Paris Street, Unit 13
Sudbury, Ontario,
P3E 3B8

P: (705) 346-4644
E: info@toyourdefence.com

Hours of Business:

9:00AM – 5:00PM
9:00AM – 5:00PM
9:00AM – 5:00PM
9:00AM – 5:00PM
9:00AM – 5:00PM
Monday:
Tuesday:
Wednesday:
Thursday:
Friday:

By appointment only.  Please call for details.

Providing Legal Help within these Areas and More:

Among other areas in Ontario, Canada








ASK
Sign Up
Ernie, the AI Bot