http://www.chathamdailynews.ca/2016/04/13/chatham-senior-ready-to-fight-to-keep-driving-his-scooter-on-road
Chatham senior ready to fight to keep driving his scooter on road
April 14, 2016  Ellwood Shreve

[image  
http://storage.chathamdailynews.ca/v1/dynamic_resize/sws_path/suns-prod-images/1297824629883_ORIGINAL.jpg?quality=80&size=650x&stmp=1460579583581
Chatham resident James Storey, 80, has no plans to stop riding his enclosed
mobility scooter on local roads. In fact, he hopes to get a ticket, because
he plans to fight it in court. Photo taken in Chatham, Ont. on Monday April
11, 2016. (Ellwood Shreve, The Daily News)
]

Former police officer James Storey is usually a law-abiding citizen — but
not when it comes to obeying rules about where to operate his personal
mobility device.

The 80-year-old Chatham man is defiantly taking a stand against such rules
by operating his enclosed four-wheeled scooter on the road, rather than the
sidewalk where it is supposed to be driven.

“I’ve been told by police (that) if I ride on the road they're going to give
me a ticket,” he said.

“I want them to give me a ticket, ‘cause I'll fight 'em in court.”

Storey has his personal copy of the Highway Traffic Act bookmarked to a
section on municipal bylaws that outlines how inconsistent bylaws may be
deemed invalid.

Storey, who suffers from arthritis, said most of Chatham’s sidewalks are
uneven; travelling over them in his scooter causes him a lot of pain.

“The road is smooth,” he reasons.

Noting his scooter tops out at 14-kilometres per hour, Storey said, “I stay
as close to the curb as I can.”

He also scoots down bicycle lanes when they are available.

Chatham-Kent Police Service public information officer Const. Renee Cowell
said local police don't write the bylaws but are required to enforce them.

An e-mail from Cowell said personal mobility devices are considered to be
pedestrians under the Highway Traffic Act and those operating them are to
use sidewalks — unless none are available or the sidewalks are in disrepair.

The penalty for operating a personal mobility device on a highway is a $90
fine.

Storey questions the logic of having to operate his enclosed scooter on a
sidewalk, noting his mobility device has a 48-inch width across from mirror
to mirror.

“If I meet someone (on the sidewalk), who gives way?” he asks.

Storey said the Lacroix Street underpass poses a problem for him because it
has a cement wall on one side and a steel railing on the other. There
wouldn't be any clearance if he encountered another scooter or motorized
wheelchair there.

Storey said bicycles and e-bikes are supposed to travel on the road, but
they don't have the stop lights, tail lights, head lights and signal lights
that are on his scooter, as well as the reflective slow vehicle moving sign
on the rear.

He points out that his scooter also comes with rear view mirrors, a window
defroster, and windshield wipers.

“I'm equipped the same as if this was a Smart Car,” he said, adding the only
exceptions are his scooter is electric and he doesn't need a licence to
drive it.

Storey said his enclosed scooter allows him mobility, since he recently had
to surrender his licence. He uses the scooter it to get groceries, attend
medical appointments and visit friends.

“I feel very safe,” Storey said of driving on the road.

The only close call he had was when two vehicles were racing and one had to
quickly slow down to avoid him. Judging from the one-finger salute he
received from one driver, Storey said he believes he lost that race.

Otherwise, he said he's had a “very good response” from drivers, noting many
wave to him.
[© 2016 Chatham Daily News]




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