As readers (as well as facebook friends and twitter followers) may know, I recently had the opportunity to not only get CAN-BIKE 2 training, but to follow that up with CAN-BIKE instructor certification. This post isn't really about that training, but it was on one of the training rides through town with our instructor, national CAN-BIKE examiner James Herman, that the problem of Hamilton's sewer grates came embarrassingly to light.
We had begun our ride in the east end near Main and Kenilworth, making our way through downtown to experience some of the challenging arterial left-hand turns some of us had been talking about in class. We proceeded up Hunter St. W. At Hunter and Locke St. S. the leader of that stretch of our ride stopped to wait up for the rest of us. There, at the corner, she noticed a sewer grate with the drainage bars parallel to the direction of travel.

An example of a parallel-bar sewer grate
Our instructor was shocked. He thought most cities in Ontario had by now corrected dangerous sewer grates. My partner and I, having for decades used only mountain bikes, hybrids and cargo bikes, all with fairly wide tires, simply hadn't paid much attention to the matter. We thought we'd seen one or two of them of late. Some of our classmates, however, maintained these were still to be found all over the place in Hamilton. I mentioned to James that I'd bring this particular dangerous sewer grate to my councillor's attention. As we rode off, James and I chatted a bit more about the matter and he said folks at the City must surely know about the danger such grates represent and suggested that this one had probably been simply missed. He did urge me, however, to report it to the local councillor and to mention how shocked he had been to see such a danger still on our streets.
Those who don't cycle, and even those who ride only bikes with relatively thick tires, may not be aware of the danger sewer grates present to cyclists. Akos Szoboszlay, in the preface to a legal article on sewer grates on moderntransit.org explains it this way:
Drainage Bars are placed in the gutter area for water to flow into them during rainstorms and flow eventually into rivers, etc. Until circa 1970, these were aligned with the road, enabling a bicycle wheel to fall through. If the front wheel falls through, it means a sudden flip-over of the bicyclist and a good chance of head injury. (This happened to a friend of mine.) If the rear wheel falls through, it destroys the rear wheel. (This happened to me).
Many people prefer to ride bikes such as road bikes, racing bikes, or vintage 10-speed or fixed-gear bikes, all of which typically have skinny tires. Think of bikes with drop bars, the kind that were pretty much universal before the ubiquitous mountain bike came on the scene in the 80s. Of the group of 8 on our training ride that day, half rode bikes with skinny tires. These tires, running across one of these grates, are often thin enough to fall through the slots. The likelihood of severe injuries resulting from accidents caused by a front tire being swallowed up in a sewer grate is extremely high as this type of accident most often involves the bike coming to a sudden and unexpected stop, catapulting the rider over the handlebars.
Over the next few days my partner and I paid some attention to sewer grates during our travels--we are a carfree household and go everywhere by bike, plus I ride a bike for a living--and found that there were indeed many dangerous grates on the streets in the core. We saw a great deal more dangerous examples than safe. Before I present a long list, let me show you some examples:

A very typical dangerous sewer grate in Hamilton's core

Double dangerous grates, with cracked asphalt presenting further danger, appearing on both sides of Hunter St. W. at Locke South (east side)--cyclists preparing to turn left onto Locke or right could both be caught in these

Dangerous grate inside the bike lane on Stinson St. at East St., taking up half of the lane

Perhaps the most dangerous type we've seen, located on Sterling, near McMaster, just to the right of a bike lane students use
And the fix is so simple. Sometimes it simply involves rotating the grate so that the bars are perpendicular to the direction of travel. Where this is not possible--perhaps there is something barring the grate from being inserted any other way--a grate of a slightly different design can be installed. See below for images of acceptable variations.

The grate has simply been turned so as to have slots perpendicular to the direction of travel (it does appear that the square in which it sits has an indentation so that the grate only fits one way, which means the whole thing may have to be adjusted)

A herrinbone design with no slots in the direction of travel

A perforated design with no slots long enough to catch a wheel
Each of these examples of bicycle-safe sewer grates is also from Hamilton's streets, so it is apparent that the City is aware of the issue and has knowledge of and access to safe grates. Why then are only a small number safe? That likely has to do with attempts to save money by scheduling replacement of dangerous grates only when an area containing them comes due for resurfacing, or some such practice. Some municipalities in the US, for example, where federal and state legislation requires that bicycle-safe designs be installed, grates installed before 1970 are grandfathered in, meaning they do not have to be replaced.
It may be pointed out that cyclists should not be riding that close to the curb in the first place, which may well be correct. However, the wording in the Highway Traffic Act (HTA) stipulating how cyclists are to make use of the road is not very clear nor precise. It goes something like this:
any vehicle moving slower than the normal traffic speed should drive in the right-hand lane, or as close as practicable to the right edge of the road except when preparing to turn left or when passing another vehicle (from Cycling Skills, published by the MTO).
Though the HTA does not clarify further, the writers of Cycling Skills do:
For cyclists, you must ride far enough out from the curb to maintain a straight line, clear of sewer grates, debris, potholes, and parked car doors. You may occupy any part of a lane when your safety warrants it. Never compromise your safety for the convenience of a motorist behind you .
CAN-BIKE interprets the legislation to mean that cyclists should be as far to the right as is safe and practical. They suggest about 1 metre from the curb or parked cars, which would take them out of the line of most sewer grates and other side of road hazards such as debris and cracked pavement, and 1 metre from traffic.
Not only is the wording of the HTA as it pertains to bicycle traffic not very specific, but there is no mandatory training for cyclists, so the majority of riders don't know the law. Many do not even know, nor do many motorists, that bicycles are classified under the HTA as vehicles and belong on the road. This is one reason we see so many cyclists still riding on sidewalks, incidentally the most dangerous place for them to be. Also, many cyclists, given how the balance of power on the road is skewed in favour of motorised traffic, do not feel safe on the road. Many motorists neither feel, nor know, that cyclists legally belong on the road, nor know how to behave around them. And our infrastructure is almost entirely designed around the automobile. Cyclists who feel unsafe on the road, even if they do stay off the sidewalk and ride on the road, are likely to ride as close to the curb as they can in an attempt to stay as far away from traffic as possible, which puts them right in line with the grates.
Even experienced and confident cyclists, of which there are growing numbers, including those who have training in safe vehicular riding, of whom there are relatively few, are at risk of running into dangerous drainage grates. The reason for leaving a metre from the curb is not only to avoid the grates and other side of road hazards, but also to leave themselves an out in cases where motorised vehicles come too close. In such a situation, a cyclist may be forced to take evasive action by moving closer to the curb, which could put them in line with dangerous sewer grates.
I have not been able to determine whether there is federal or provincial legislation mandating cycle-safe sewer/drainage grates, as there is in the US, but many jurisdictions have switched over to cycle-safe designs. Halifax, for example, has a section on their cycling page specifically addressing the issue of sewer grates, and other road hazards, and asks cyclists to report such directly to the Halifax Regional Municipality. In Toronto the Toronto Cyclists Union is working with Transportation Services and Public Works and Infrastructure to connect cyclists to the 311 City hotline to which cyclists may report dangerous sewer grates and other hazards. In Hamilton, the only thing I could find in that regard was a panel from a public information session for Shifting Gears, Hamilton's Cycling Master Plan, on designing cycling facilities. But to say, as it does, that the City is working to improve sewer grates with a standard design to make them bike-friendly is not very encouraging. There are plenty of bike-safe designs on the market already, including from a local Hamilton castings company.
The proliferation of dangerous sewer grates across the city not only presents a severe danger to Hamilton cyclists, now that more people are beginning to ride their bikes, but it also presents a potentially costly liability. There have been many cases across North American, including one in Montreal earlier this year, of cities being successfully sued over bike crashes resulting from dangerous sewer grates. It is a very sad story of a teacher who was left paralyzed after she was catapulted from her bike because of a dangerous sewer grate. Despite city laywers arguing that the crash was caused by a wrong move on the teacher's part, Justice Catherine Mandeville ruled that "the sewer grate was unsafe and was directly responsible for the incident." Legal advice on nolo.com also suggests that cities are likely to be held liable in cases where cyclists are injured because of a dangerous sewer grate. The argument is this:
Bikers have a right to ride on a safe road; a direction-of-travel sewer grate presents a serious unexpected hazard; and there are simple, inexpensive remedies for the problem, none of which the city or county employed to eliminate the danger.
There are good reasons, then, for the City of Hamilton to replace all these dangerous sewer grates. First, of course, is concern for the safety of Hamilton cyclists. The risks are many and consequences severe. Second, if cyclists do get injured because of getting caught in a dangerous sewer grate, especially since the solutions are so simple, the City would very likely be held liable. I suspect most Hamiltonians would neither want to see a cyclists get seriously injured, nor would they want their tax dollars spent on awarding damages in a lawsuit that could have been avoided in the first place. Yet, were someone thus injured, Hamilton's ever-increasing number of cyclists would stand firmly behind such a lawsuit.
It is time our streets be made safe for all users. Replacing dangerous sewer grates with bicycle-safe ones is one of the simplest things that can be done immediately. Since I spend my working days cycling Hamilton's streets, I will continue to document unsafe sewer grates. I will create an online map with the locations of dangerous sewer grates, to which I shall provide a link shortly, and encourage my fellow cyclists to survey their own neighbourhoods to add points to the map.
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