As we learned in last week's article about passing pedestrians and cyclists, amendments to the Motor Vehicle Act effective on June 3, 2024 will change the way that drivers must behave around vulnerable road users. Following distances for pedestrians and cyclists are changing as well.
Vulnerable Road Users
Remember that according to the announcement from our government, vulnerable road users protected by this law include:
- Pedestrians
- Cyclists
- Motorcyclists
- An animal or animal-drawn vehicle
- An electric kick scooter
- An electric wheelchair or a mobility scooter
5 Considerations for Following and Passing Vulnerable Road Users
Minimum Following Distances
What you have learned about following distances in general still applies. Depending on the road conditions, you must follow at a prudent distance in order to be safe. The Two Second Rule is still good guidance under perfect conditions.
In the case of vulnerable road users, a minimum following distance of 3 m will apply in all circumstances unless a different distance is prescribed.
Prescribed distances, if any, have not been published at the time this article was written.
Exemptions
There are two exemptions in the new rules regarding the minimum following distance and crossing highway lines.
If passing can be done safely, the minimum following distance is reduced to 1 m while the pass is being made unless there is a prescribed minimum distance. Again, the prescribed minimum is unknown at this time if one has been established.
When passing vulnerable road users, the solid line prohibitions do not apply when passing in a safe manner.
The New Law
157.1 (1) A driver of a motor vehicle must not cause or permit the motor vehicle to pass a person referred to in subsection (2) unless
(a) the action can be taken safely, and
(b) the following distance can be maintained between the vehicle and the person while the vehicle is passing the person:
(i) subject to subparagraph (ii), a minimum distance of 1 m;
(ii) if a prescribed minimum distance applies, the prescribed minimum distance.
(2) Subsection (1) applies in relation to the following persons:
(a) a pedestrian;
(b) a person who is operating or is on a cycle;
(c) a prescribed person.
(3) A driver who takes an action that would otherwise contravene section 151 (b), (f) or (g) or 155 (1) does not contravene the provision if
(a) the action is taken while the driver is causing the vehicle to pass a person in compliance with this section, and
(b) the driver has ascertained that the action can be taken safely and without affecting the travel of another vehicle.
162.1 (1) A driver of a motor vehicle must not cause or permit the motor vehicle to follow a person referred to in subsection (3) more closely than is reasonable and prudent, having due regard for
(a) the amount and nature of traffic on the highway, and
(b) the condition of the highway.
(2) A driver of a motor vehicle must not cause or permit the motor vehicle to follow a person referred to in subsection (3) at a distance that,
(a) subject to paragraph (b), is closer than 3 m, or
(b) if a prescribed distance applies, is closer than the prescribed distance.
(3) Subsections (1) and (2) apply in relation to the following persons:
(a) a pedestrian;
(b) a person who is operating or is on a cycle;
(c) a prescribed person.
(4) Subsection (2) does not apply when the driver of the motor vehicle is causing the vehicle to overtake and pass a person in compliance with section 157.1.
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