Michael To Benjamin

(Michael is a local Oxton-Oriole resident who tried to bring the issue of Pedestrian safe to The City starting back in 2003 - Mark)

From: Michael...
To: Stephen Benjamin

Subject: Pedestrians [Safety] at Oxton & Oriole Pkwy

Sent: Wednesday, March 12, 2003 12:59 PM

Dear Steve Benjamin,

Thank you very much for your reply to my voice-mail and email. I appreciate the consideration you have given to my request.

However, I disagree strongly with your conclusions and will continue to carry the issue along the path to a better resolution.

If you can suggest someone I should speak to about this, I would welcome that information.

Before I conclude, I will restate my views and address your comments. Forgive me if these remarks are a bit tedious to read through.

Most of the cars going southbound on Oxton still pause at the corner of Oriole Parkway. But, because I don't have the right of way, I don't feel confident walking out in front of them.

All you need to do to solve this problem is to take down the signs that way "Pedestrians Wait For the Gap" and replace them with signs that read "Pedestrians Have Right of Way".

That will make a big difference to the pedestrians but almost none to the cars. Why?

1. Because they are pausing there anyway
   
   
2. Because there aren't too many pedestrians so the occasional brief extension of the pause a car is already making will not cause any impediment to the flow of traffic.

You are absoutely correct when you say that the corner was the scene of innumerable rear-end collisions in the past.

I know because I live right over the corner and though the matter did not concern me,
personally, I called the city many times to tell some of the relevant people that there was a problem here that needed attention.

Here's what caused that problem.

Cars going southbound on Oxton would stop at the Stop sign at Oriole Parkway.

Then they would pull forward a few feet and stop again to get a better view to the north so they could see the traffic coming southbound on Oriole Parkway.

When the car at the Stop sign started moving forward the driver behind it would move his car forward too without suspecting that the first car would stop abruptly after moving just a few feet.

The driver of the second car would also be directing his attention northward to see the traffic coming south on Oriole Parkway so she would not see that the car ahead of her had stopped. And, before you knew it, the daily rear-ender had just taken place.

I haven't heard many collisions lately so I believe that they have almost disappeared though I can't say for sure because, it being winter, my windows are always closed.

All the same, I suspect that you might have solved the problem of the rear-enders.

And, what I'm suggesting will not interfere with that solution.

I've been told by people who know you that you are very pedestrian-friendly. And, I believe that you are a nice guy.

And, like Chris Sellors, you have offered to put in a cross-walk at Highbourne and Oxton.

This is, however, essentially the same solution offered by your colleague, Danny B who told me quite bluntly, that pedestrians will just have to walk down to the light at Kilbarrie.

That might work on paper but it goes against human nature. When it seems so logical to take the most direct route, no one wants to make a detour.

Your reference to the Highway Traffic Act does seem impressive but I do not believe that it was constructed to make crossing an intersection difficult for pedestrians
and it is on these grounds that I will continue to pursue this issue.

Again, thanks for letter. It went into the matter at length and in a friendly manner. I just think that your argument is wrong - and obviously so - but for reasons that, perhaps, only someone using the intersection can clearly understand.

Regards,

Michael...

(Stephen Benjamin is Manager of Traffic Operations, District 1 - Central, Transportation Services)

Benjamin To Michael (Must Read - Explains Everything)

(Michael is a local Oxton-Oriole resident who tried to bring the issue of Pedestrian Safety to The City starting back in 2003 - Mark)

From: Steven Benjamin
To: Michael...
Cc: Andy Koropeski; Chris Sellors; Danny Budimirovic

Subject: Posting of Pedestrian Wait For The Gap Signs Oxton-Oriole

Sent: Wednesday, March 12, 2003 11:07 AM

Subject: RE: Pedestrians at Oxton & Oriole Pkwy

Mr. [Michael...]:

I have reviewed your suggestion and unfortunately, ,cannot agree with your request. I have also discussed this matter with Mr. Danny Budimirovic, P. Eng.; Traffic Engineer for my group prior to me preparing this response. It is my understanding that you and he had a detailed telephone conversation respecting this matter and he explained to you the rationale for us having installed the signage at the subject location as it is now.

Notwithstanding, I will provide you with a detailed response.

As you know, the intersection of Oriole/Oxton was reconstructed late last year. This was the second phase of our project to improve traffic flow on the arterial road network in your area. The first phase involved the reconstruction of Avenue Rd/Oxton in late 1999, early 2000.

The intent of reconstructing both intersections was to allow the arterial traffic (the arterial road designations are given to Oxton Avenue, Avenue Road north of Oxton and Oriole Parkway south of Oxton). These sections of road have also been designated by the Province as Highway 11A, providing a major connection between Hwy. 401 and the downtown core.

Because of the presence of Upper Canada College, the Avenue Rd. arterial connection has been broken and the linkage (from north to south) is provided via Avenue Road, Oxton Avenue, Oriole Parkway, Lonsdale Rd. and finally back to Avenue Road, south of Upper Canada College. Due to this unusual configuration, we have had complaints over the years from adjacent residential groups respecting traffic infiltration into their communities because it was easier for motorists to travel through the residential communities than to use the arterial connections.

To try and rectify this, we redesigned the intersection of Avenue Rd and Oxton Ave. first, and by doing so, required northbound approaching traffic to stop while allowing westbound to northbound traffic and southbound to eastbound traffic to flow through the intersection. This did present problems for pedestrians wishing to cross the intersection in an east-west direction. In order to provide safe crossings for pedestrians, and in consultation with area residents and Councillor Michael Walker's office, we installed a pedestrian crossover across Avenue Road at Hillholm Rd., a distance of less than 50 metres south of the Oxton. This installation has been well received by residents and has addressed their concerns while allowing for the free-flow major traffic movement through the Avenue Rd/Oxton Ave intersection.

We have tried to do similar things at the intersection of Oriole Parkway/Oxton Avenue. We have effectively closed off the southbound curb lane of Oriole Pkwy, north of Oxton Avenue, constructed traffic channelization islands, removed the eastbound to southbound stop sign on Oxton Ave and replaced it with a yield sign so that traffic from Oxton can free flow, subject to prevailing traffic conditions, from eastbound Oxton to the southbound curb lane of Oriole Parkway. Southbound Oriole Parkway traffic approaching the intersection from the north is forced to remain in the easterly-most (median) southbound lane. This has certainly had positive impacts on traffic flow. In addition, prior to the reconfiguation of Oxton Ave at both Avenue Rd and Oriole Pkwy, there were high numbers of rear end collisions for both eastbound traffic approaching Oriole Pkwy and for westbound traffic approaching Avenue Rd. While it is too early to determine accident rates following the reconstruction of the Oxton/Oriole intersection, we have seen lower accident rates at the Avenue/Oxton intersection.

However, as you note, it does make it more difficult for pedestrians to cross Oxton in an north-south direction at Oriole Parkway.

To partially address this issue and to provide a clear route for pedestrians, we will be installing a pedestrian crossover in the spring at the intersection of Oxton Avenue and Highbourne Rd. We are currently seeking by-law approval for this pedestrian crossover which should be obtained from City Council at its next meeting of April 14. This will allow pedestrians safe crossings who are travelling from Avenue Rd to, lets say, the Davisville Subway Station by having crossing protection at Avenue Rd/Hillholm, Oxton/Highbourne and Oriole Pkwy/Chaplin (as you know, as part of the construction project on Oriole Pkwy, we made major modifications to the Oriole Pkwy/Chaplin intersection to improve pedestrian safety).

To return to your suggestions respecting Oriole Pkwy/Oxton, the reason why we posted signage for pedestrians to wait for the gap in traffic is because under the provisions of the Highway Traffic Act of Ontario (Section 137), motorists are not required to yield to pedestrians.

For your information, Section 137 of the Act reads as follows:

"The driver or operator of a vehicle or street car approaching a yield right-of-way sign shall slow down to a speed reasonable for the existing conditions or shall stop if necessary as provided in clause 136(1) and shall yield the right of way to traffic in the intersection or approaching on the intersecting highway so closely that it constitutes an immediate hazard and having so yielded may proceed with caution."

Section 136(1) of the Act reads as follows:

"Every driver or street car operator approaching a stop sign at an intersection,

a) shall stop his or her vehicle or street car at a marked stop line or, if none, then immediately before entering the nearest crosswalk or, if none, then immediately before entering the intersection; and

b) shall yield the right of way to traffic in the intersection or approaching the intersection on another highway so closely that to proceed would constitute an immediate hazard and, having so yielded the right of way, may proceed."

Traffic is generally defined as vehicular traffic (cars, trucks, buses, bicycles, motorcycles) but not pedestrians. This interpretation has been upheld in the courts. Since the act is silent on this issue (there is no stated requirement for motorists to yield to pedestrians when traffic is controlled by a yield sign), it is assumed that pedestrians must yield to traffic under such circumstances.

In view of this, a yield sign does not technically require a driver to yield to pedestrians whereas there are provisions in the Highway Traffic act where the presence of a stop sign or a traffic signal or a pedestrian crossover does require a vehicle to yield to pedestrians.

In light of this, we would be in contravention of the Highway Traffic Act if we were to follow your suggestion to post signage requiring motorists to yield to pedestrians as these signs would have no basis in law.

While I acknowledge that it is somewhat inconvenient, traffic control signals are provide across Oriole Parkway at Kilbarry Rd., only one block to the south, and a pedestrian crossover will be installed on Oxton, a half block to the west. In your telephone message to me, you stated that you find this unreasonable since it is inconvenient for pedestrians, especially seniors, to have to walk the extra distance.

As you can appreciate, traffic control and regulation is a compromise for all road users. In reconstructing the various intersections noted above, in the placement of traffic control signals and pedestrian crossovers, we have tried to find a compromise to keep traffic on the arterial roadway flowing so as to cut down non-resident traffic infiltration into residential communities, while enhancing safety for pedestrians. We feel that the compromise we have reached has basically achieved this goal.

I would point out that not all the pavement markings that were supposed to be installed in connection with the roadway reconstruction to channelize traffic were installed because of prevailing weather conditions at the time that the physical road measures were completed (in December 02). Hopefully, when warmer weather comes and we are able to properly redo the pavement markings, traffic flow will be better regulated.

I hope that the above answers your enquiry. I have copied this e-mail to Chris Sellors of Councillor Walker's office so that they are informed of your concerns.

Stephen Benjamin
Manager of Traffic Operations, District 1 - Central;
Transportation Services
17th Floor, Metro Hall
55 John Street
Toronto, Ontario M5V 3C6
Telephone: 416 392-7771
Fax: 416 392-1920