Motor Vehicles, Pedestrians, Cyclists and more: Tips and Road Rules in a Busy City
As Halifax continues to grow and adapt its infrastructure to accommodate cars, bicycles, pedestrians, e-scooters, and public transit, it’s more important than ever for all road users to understand their rights, responsibilities, and how to share the road safely.
Everyone, whether driving, cycling, walking, or riding an e-scooter, has a legal and practical duty to help prevent accidents.
Currently, road use in Nova Scotia is governed by the Motor Vehicle Act (MVA), RSNS, c 293, along with related legislation like the Insurance Act, RSNS c 231, and case law. Although the Traffic Safety Act (Bill 80) was passed in 2018 to modernize traffic laws, it has not yet been proclaimed and is not currently in force.
Driver Rights and Responsibilities
There is an obligation on all road users to pay attention and ensure their actions can be carried out safely. As the Supreme Court of Canada stated in 1935 (Swartz v. Wills, [1935] SCR 628 at 634): “[W]here there is nothing to obstruct the vision and there is a duty to look, it is negligence not to see what is clearly visible.”
Drivers who are distracted can not only face fines but can be held responsible for an accident that was caused or contributed by the driver not paying attention.
All drivers have a duty to ensure their movements can be made safely. Drivers who are turning left, pulling out onto a roadway, or entering an intersection must ensure that it is safe to do so and that there are no vehicles close enough to constitute a hazard.
Drivers are entitled to assume that other road users will observe traffic rules. However, all road users have a responsibility to take reasonable steps to avoid accidents. As an example, you should be able to expect that another road user will stop at a stop sign, however if they do not, you still have a duty to stop or swerve to avoid a collision where possible and reasonable to do so. If the person who ran the stop sign can show that the other driver could have, if exercising reasonable care, avoided the accident, liability for the accident may be shared.
Drivers are not expected to drive with special precautions against every possible hazard, but once a driver observes a hazard they are required to react reasonably. Also, drivers must anticipate a road user may make an unexpected lawful maneuver. For example, a driver may make an unexpected abrupt stop; the driver following behind ought to anticipate this could happen and keep a safe following distance in order to avoid a rear-end collision. A driver pulling out of a parking lot onto a four-lane roadway must anticipate an oncoming driver may suddenly change lanes.
Drivers are not allowed to pass a bicycle travelling in the same direction, whether on the shoulder or in an adjacent bicycle lane, unless there is sufficient space to do so safely and the driver leaves at least one metre open space between the vehicle and the cyclist (s. 171B). A driver may cross a line to pass a bicycle if they can do so safely. Drivers are not allowed to park their vehicles in a bicycle lane, whether they remain in the vehicle or not(s. 143(2)).
Drivers must stop for pedestrians lawfully in a crosswalk or those stopped facing a crosswalk (s. 125(1)). Where the road is divided by a median, drivers must yield the right-of-way to any pedestrians on their side of the road.
Pedestrian Rights and Responsibilities
Pedestrians must also follow the rules of the road. This means they also have a duty to pay attention. A pedestrian who steps off the sidewalk into the roadway, whether in a crosswalk or not, must ensure that they can do so safely. This means that they must look both ways and ensure that there is no vehicle which is too close to be able to stop in time for the pedestrian (s. 125(3)). A pedestrian who steps in front of a vehicle that does not have time to stop may be held liable for the accident.
Pedestrians ought to consider that even where the driver may be at fault, in a car vs. pedestrian accident, the pedestrian is much more likely to be injured or killed. Your broken bones won’t care that the driver is at fault for your accident. For this reason, there is a heightened practical burden on pedestrians to ensure their own safety by paying attention and following the rules of the road.
Pedestrians must use and follow pedestrian light signals when using crosswalks (s. 125(4)). A white pedestrian walk-light, often accompanied by an audible signal, tells the pedestrian when it is safe and lawful to cross. When the red hand appears, it means any pedestrians within the crosswalk should finish crossing and tells any pedestrians who haven’t started crossing to stop and wait for the next light. A countdown tells pedestrians within the crosswalk how much time they have left to cross; it does not signal that pedestrians have time to enter the crosswalk. It is not lawful to enter a crosswalk when a red hand and countdown are showing, and you may be issued a summary offence ticket for doing so.
A driver does not owe a duty to a pedestrian unlawfully entering an intersection except to take all reasonable steps to avoid a collision (Melgarejo-Gomez v. Sidhu, 2002 BCCA 19 at para. 25). A pedestrian crossing a roadway at any point other than within a crosswalk shall yield the right of way to vehicles on the roadway (s. 125(5)). This does not relieve a driver from the duty to avoid a collision where possible (s. 125(6)). A pedestrian who does not follow the rules of the road may be deemed at fault for an accident, in whole or in part.
Cyclist Rights and Responsibilities
Cyclists must follow the same road rules as drivers and pedestrians. They have the same duty to pay attention and to ensure their movements can be made safely. All cyclists must wear a helmet (s. 170A). Adult cyclists are not allowed to ride on sidewalks that have not been designated as a trail or shared-use trail (s. 171(2)). Cyclists are not allowed to ride on public roads with both feet removed from the pedals and/or both hands from the handlebars, or to practice any trick or fancy riding (s. 171(1)).
Cyclists operating on the roadway are expected to ride in the same direction as the flow of traffic and to follow all traffic lights, signs and signals. Except when passing another cyclist, cyclists are to ride in single file (s. 171). Vehicles are not allowed to pass a bicycle travelling in the same direction unless there is sufficient space to do so safely and the driver leaves at least one meter of open space between the vehicle and the cyclist. Vehicles are allowed to cross a line to pass a bicycle if they can do so safely.
Cyclists must ride in bicycle lanes where they exist, unless it is impracticable to do so (s. 171(3)). Where there are no bicycle lanes, cyclists must ride as far to the right side of the roadway as practicable or on the right-hand shoulder of the roadway, unless the cyclist is:
(a) making a left turn in the same manner as a driver of a motor vehicle
(b) travelling in a rotary or roundabout
(c) passing a vehicle on the vehicle’s left, or
(d) encountering a condition on the roadway, that prevents the person from safely riding to the right side of the roadway.
Cyclists who are turning left, pulling out onto a roadway, or entering an intersection must ensure that there are no vehicles close enough to constitute a hazard. Cyclists are expected to stop at all stop signs. Like drivers, cyclists are also entitled to assume that other road users will observe traffic rules. Cyclists also must take all reasonable steps to avoid an accident.
If there are dedicated bicycle traffic lights at intersections, cyclists are to follow them. If there are no dedicated bicycle traffic lights, cyclists are to follow the regular traffic lights, even where there are dedicated bicycle lanes. Cyclists are to yield the right of way to all pedestrians within a crosswalk, in the same manner as drivers are. This means, for example, a cyclist wishing to make a left-hand turn on a green traffic light must yield to any pedestrians lawfully crossing the street onto which the cyclist wishes to turn. Cyclists that decide to cross the street using pedestrian crosswalks must walk their bicycles through the crosswalk.
Some intersections in Halifax have left turn box marking, which allow cyclists to turn left from a right-hand bike lane. The cyclist enters the box while they wait for the green light in the other direction. Once it changes, they can then travel in the new direction. For more information regarding left turn box marking and other road signs, see https://www.halifax.ca/transportation/cycling-walking/halifax-bike-map/cycling-signage-road-markings.
Roundabouts and other narrow roadways require cyclists and drivers to ride single file. Where a shared use lane sign is present, cyclists are encouraged to take full use of the lane, and motorists are warned that the lane is too narrow for side-by-side travel and should also proceed single file.
E-Scooter Rights and Responsibilities
As of July 15, 2023, e-scooter use is governed by both By-law M-300, the Micromobility By-law and the Motor Vehicle Act. By-Law M-300 permits e-scooter use in Halifax Regional Municipality in the following locations:
roadways having a speed limit of 50 km/hr or less
bicycle lanes on any roadway
multi-use pathways within streets
E-scooters are prohibited from traveling on sidewalks. The by-law also sets a speed limit for e-scooters of 25km/hr on a roadway or bicycle lane and 15km/hr on a multi-use pathway.
As users of the roadway, all e-scooter riders must follow the same road rules as drivers, pedestrians and cyclists. They have the same duty to pay attention and to ensure their movements can be made safely. All e-scooter riders must wear a helmet (s. 170B). Riders are not allowed to ride on public roads with both feet removed from the pedals and/or both hands from the handlebars, or to practice any trick or fancy riding (s. 172C).
Under the Motor Vehicle Act, e-scooters are treated like cyclists. Riders are expected to ride single file in the same direction as the flow of traffic (s. 172C). Riders must ride in bicycle lanes where they exist, unless it is impracticable to do so (s. 172C(2)). Where there are no bicycle lanes, e-scooter riders must ride as far to the right side of the roadway as practicable or on the right-hand shoulder of the roadway, unless the rider is:
(a) making a left turn in the same manner as a driver of a motor vehicle
(b) travelling in a rotary or roundabout
(c) passing a vehicle on the vehicle’s left, or
(d) encountering a condition on the roadway, that prevents the person from safely riding to the right side of the roadway.
Only one person at a time may be on an e-scooter while it is being operated (s. 172D(1)) and that person must be standing (s. 172D(2)).
An e-scooter must be equipped with:
(a) a brake system that acts independently on the steerable wheel and the back wheel using separate hand levers.
(b) an emergency stop switch to cut electrical supply to the motor in case of failure of the scooter’s control system.
(c) a battery with terminals that are completely insulated and covered and that is securely fastened to the e-scooter to prevent movement while in motion; and
(d) a headlamp that is visible under normal atmospheric conditions from a distance of at least 100 meters in front of it, and a reflex mirror or lamp on the rear exhibiting a red light visible under like conditions from a distance of at least 60 meters.
Final Thoughts: Shared Roads Mean Shared Responsibility
Whether you’re walking to work, biking on a trail, driving your car, or testing out a new e-scooter, safety starts with awareness. Knowing your legal obligations, and respecting those of others, can go a long way in preventing accidents.
As personal injury lawyers, we’ve seen the devastating consequences of road collisions. If you’ve been injured due to someone else’s negligence, we’re here to help you understand your rights and get the support you need.
Carter Simpson provides this article for informational purposes only. It does not constitute legal advice. Please consult our firm to discuss your specific circumstances before taking any action based on this content. We disclaim all liability for actions taken based on this material.