On November 4th, 2004 the Ontario Legislature gave second reading to Bill 129, a bill that would amend the Highway Traffic Act to make helmets mandatory for all those who ride a "bicycle, scooter, skateboard or other vehicle powered by muscular power" on a highway. It also would require those who "in-line skate or roller skate" on a highway to have a helmet. The effect of the bill is to extend the the current law to cyclists over the age of 18 and to users of other forms of human powered transportation. This bill now is being referred to the Standing Committee on Social Policy of the Ontario Legislature. Generally, after second reading a bill goes to a committee which considers it, makes amendments and then refers it back to the full legislature for third and final reading. A part of that process can be to have public hearings on the issue.

On Monday November 15, 2004 the Committee will decide whether or not to have public hearings into the matter. Several cycling organizations are calling for public hearings. Velo Ontario Cycling Alliance, a provincial organization representing cyclists (www.veloontario.ca), issued a press release outlining it's concerns and requesting public consultations on the issue. Their full press release is quoted below.

In the last week there has been debate among cyclists regarding this law. The VeloOntario discussion boards have seen many posts on the issueNovember 2004 Archives. I am sure that the MPPs on the Committee that will decide the fate of this bill are not pouring over the e-mail lists to inform themselves. It is important that cyclists have an opportunity to have this discussion with the members of the committee at public hearings. This can lead to improvements in the bill itself and in the regulations that will accompany the bill. If you want to add your voice to those calling for public hearings you can contact your Member of Provincial Parliament (MPP). If you know your riding you can go to the following web page to find your MPP: MPPs by Riding. You can also contact the members of the Committee who are listed on the following web page:Standing Committee on Social Policy. You can also send a copy to the Premier, Dalton McGuinty. Timing is important. Since the Committee meets on Monday, Friday, November 12th is the last day to put pressure on to get the public consultations.

Below is the Press Release issued today by Velo Ontario Cycling Alliance.

November 11, 2004

Millions of Ontario cyclists need to have their voices heard

Velo Ontario Cycling Alliance is calling on the provincial government to let the public speak on the proposed mandatory helmet bill for cyclists, skateboarders, and in-line skaters.

The province-wide association of cycling commuters, long-distance touring cyclists, recreational cyclists, and cycling skills instructors is responding to a new Ontario private member's bill (Bill 129) which would require all cyclists (of any age) to wear helmets. Currently, only cyclists under eighteen must wear helmets.

"Those citizens directly affected by the law: Ontario cyclists, have the democratic right to be able to speak to MPPs before the law is finalized and enacted," said Velo Ontario President David Hunt.

"Given that this will affect millions of Ontario residents who ride bicycles -- not even counting the skateboarders and skaters -- the government should not be rushing this bill through without hearing their concerns, and checking whether this bill will have unexpected consequences or can be improved in any way."

On Monday, Nov. 15, a subcommittee of the Standing Committee on Social Policy of the Ontario Legislature will consider whether or not to hold public hearings on the bill.

Velo Ontario wrote Premier McGuinty and the committee this week to ask that hearings be held, since there had been no known consultation so far with cyclist groups or other user organizations directly affected. Since then, groups in Toronto, Ottawa and Kingston, and cyclists from across Ontario have also written MPPs to ask for proper consultation.

Ontario cyclists were surprised last week to learn that this proposed mandatory helmet law had passed second reading (of three readings required) when cyclists and cycling organizations had not even heard of the bill or its rapid progress toward final approval -- much less been consulted.

Hunt said the hearings are important to address such issues as:

• how to prevent the thousands of cycling crashes that occur each year, rather than just reducing one of the types of injuries
• why there is little effective cycling skills education, especially outside Toronto and Ottawa, and negligible coordination with school curriculum
• lack of municipal funds to pay for police enforcement of new laws
• lack of provincial resources to inform the public of the benefits of helmets, and how to buy and fit helmets

Most importantly, the arguments in favour of this bill give exactly the wrong impression of the risks of cycling, says cycling skills instructor and Velo Ontario board member Brett Delmage. Delmage has been teaching safe cycling skills (to children, adults, police and paramedics) for more than ten years, as have several other Velo Ontario directors.

He argued that Bill 129 on its own, without the complimentary support of other safety measures, will undercut the new provincial Active2010 program. That program aims to boost awareness of the benefits of physical activity and motivate people to get moving.

"One of the simplest and most sustainable ways to really make this happen, and, in fact, to make cycling safer for all cyclists, is to get more people cycling as part of their everyday lives," Delmage said.

Concentrating only on helmets ignores how comparably safe and accessible cycling actually is, Hunt said.

"The reality is -- and this must not be forgotten -- that most people cycle their entire lives in safety and enjoyment. Cycling is heart-healthy, it helps keep people thin and fit, and it improves our air and preserves our neighbourhoods."

Velo Ontario Cycling Alliance is the independent association that promotes better cycling recreation, transportation and education in Ontario. Its directors and members come from all across Ontario, and include cycling skills educators, planners, engineers and teachers.

President David Hunt
Velo Ontario Contacts