Question: I cycle along a rural road near Nanaimo on Vancouver Island. The road I am talking about has a 60 km/h speed limit and a marked one metre wide shoulder on each side. On garbage pickup days some people place their residential bins on the shoulder. When that occurs cyclists are forced to move over into the roadway. Is this practice allowed?
I am familiar with this road as I travel it often. It is rare to find a vehicle that is not over the speed limit which presents another risk to alternative transportation users like cyclists.
Let’s start by looking at where a cyclist must ride:
183 (2) A person operating a cycle
(c) must, subject to paragraph (a), ride as near as practicable to the right side of the highway,
In the photo above, the paved shoulder is part of the highway and in the absence of the bins the rider is required to use it. The result is the rider moving back and forth from the shoulder to the roadway and back again.
Drivers are reluctant to behave properly when the cyclist takes the lane that they are entitled to. This increases the risk for the cyclist.
The agency that has the ultimate control of this road is the provincial Ministry of Transportation and Transit. They agreed that there is no law in either the Transportation Act or the Motor Vehicle Act that would make it illegal to park the bins on the road shoulder pending pickup.
The MOTT advised that the regional district should be consulted as they had authority over the collection program.
The Regional District responded promptly:
We advise residents to avoid placing carts on sidewalks or in bike lanes to ensure accessibility and safety for all users. If the gravel is uneven and carts are prone to tipping, that may explain why some residents are placing them closer to the road.
We’re currently developing a visual guide to help residents navigate various cart placement scenarios—such as areas without sidewalks or bike lanes, uneven gravel, or sloped driveways. We appreciate your patience as we work to provide clearer guidance.
Where would the nearest flat spot be to place bins? I suggest that it is where the resident’s driveway meets the road.
Some municipal bylaws dictate where you place your bins and often require a minimum of 1m of space on all sides.
If the bins were placed at the edge of the pavement the collection truck would be more likely to move to the right, allowing following traffic an opportunity to pass. Apparently the contractor has told the RDN that on certain roads, drivers actually prefer cars not to attempt passing, as it can be dangerous.
An inquiry with the waste removal contractor failed to get a response.
Having to pass the collection truck once is preferable to having to continually move around parked bins. Please consider alternative transportation users when you put your bins out for pickup wherever you live in the province.
Story URL: https://www.drivesmartbc.ca/alternative-transportation/bins-road-shoulder
Image URL: https://www.drivesmartbc.ca/sites/default/files/Bins_On_Shoulder_600x244.webp
-- Tim Schewe Road Safety Advocate DriveSmartBC.ca Any advice contained in this message is given in good faith to the best of my ability. I am not a lawyer and if you require legal advice which you intend to rely on it would be wise to consult one.
