Kitchener-Waterloo

Guelph driver fined for not making room for cyclist

A 24-year-old woman was taken to hospital with minor injuries after she was clipped by a side mirror of a vehicle while cycling in Guelph Monday evening.

Female cyclist hit by vehicle's side mirror, police say

A 58-year-old Guelph man has been fined after police say he failed to make room for a cyclist on the road.

The 24-year-old female cyclist was northbound on Victoria Road in Guelph's east end around 6:51 p.m. when she was hit by a side mirror of a vehicle being driven by the man.

The woman was taken to hospital with minor injuries.

The man has been fined $85 under the Highway Traffic Act with failing to leave one metre when passing a bicycle.

There is a set fine of $85, or $150 if the ticket is issued within a community safety zone. Drivers can also gain two demerit points.

Offense hard to prove

Const. Mike Gatto of Guelph Police said the law has been in place since Sept. 1, 2015, but this is the first time he's noted that the charge has been laid in the city.

"It is an offence that – without contact – is a hard one to lay. Unless as an officer you were directly in view and saw a near miss, it will generally only be laid when contact is made," he said in an email to CBC News.

"Going to court and being able to prove beyond reasonable doubt that one metre of distance was not left is difficult. So an officer really has to see it and be sure. We can't lay charges on the thought that 'we think we saw something,' we have to be sure."

"That goes for any offence," he said. 

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