The message this week is very clear: There's no room on Ontario's highways for "extreme" driving. The law was beefed up last weekend to throw the book at speeders, racers and stunters.As of writing this column on Wednesday evening, more than 100 drivers have had their vehicles impounded for seven days with all the towing and storage costs that includes, plus probable fines of at least $2,000 and an automatic seven-day licence suspension.
And that doesn't include the real cost of a massive hike in insurance premiums that will last for several years of obedient, careful driving, and stay pretty much forever if drivers don't reform their ways. A second conviction within 10 years could mean a second licence suspension of 10 years.
Some of these drivers – probably all of them – definitely deserved it.
The three down in Elgin County, for example, caught together at 3:30 a.m. Sunday driving two Mitsubishis and a Pontiac at 194, 186 and 179 km/h on a county road with an 80 km/h limit. They're the high-profile problem cases that Bill 203 was intended to combat.
Before it came into effect last weekend, the maximum fine for such driving was $1,000. Now it's $10,000. That's more like it, eh? Ontario's revised law is now the toughest in the country.
The 24-year-old caught at 140 km/h on the Don Valley Parkway in his mom's Mazda Protegé definitely thinks so, left literally crying beside the road.
And the guy delivering his client's Aston Martin from one garage to another, nabbed at 160 km/h on the Gardiner Expressway, is still without his licence. The Aston is still at the pound and I'll bet the owner's not happy.
The cops have been asking for tougher measures against such offenders for a long time and now they've certainly got them.
This law allows the officer to become judge and jury beside the road, ordering the vehicle towed and removing the driver's licence on the spot.
As the police rightly state, they've been doing this for the last decade with drunk drivers, who get an automatic 90-day "administrative" licence suspension. If they're later found innocent in court, well, tough. Nobody's yet been given any compensation.
Same thing for dangerous trucks. They're straight off the road and that's that.
Nearly all the suspensions so far – likely all of them – have been against drivers exceeding 50 km/h over the speed limit and frankly, that's fair enough.
Like them or not, we created the speed limits through the election of our politicians and the police are only the enforcers of existing law.
If we don't like the speed limits, that's a completely different issue that, theoretically, can be addressed this Wednesday on election day.
No, it's the definitions of racing and stunts that are the concern, where police can interpret poor driving as something else.
Squealing your tires around a corner? Take a look at definition 3.2 below. Moving across the lanes of traffic? 2.(1).3. iii can put an end to that.
It's clear what the police are trying to do, but there's now a far greater degree of interpretation than before and the judge doesn't have to know about it until much later.
As one motorcycle rider apparently protested this week, caught at 180 km/h on Hwy. 427 and left to watch his bike towed away and his licence removed: "You're kidding me! All this and no trial?"
By all means throw the book at people tearing through downtown, but does the experienced driver travelling on dead-straight, four-lane Hwy. 10 deserve to lose his licence and capable car for driving at 135 km/h outside Orangeville?
"The issue of officer discretion is obviously something that's fundamental to our system of justice, and we empower our police officers to make judgment calls on the application of laws, traffic or otherwise," explains OPP Chief Supt. Bill Grodzinski.
"But we're taking this legislation very seriously. You're not going to see someone getting (a charge) knocked down to 15 over to save them the points. Those days, on these charges, are over."
So get used to it, and watch your driving this holiday weekend when the OPP will be using more unmarked vehicles, including Chevy Impalas and mid-size SUVs.
After all, we've all heard of, or experienced, police officers on good days and bad days.
When they're doing their job well, as the vast majority do nearly all of the time, we're grateful for the sanity and safety these brave professionals provide to our roads.
But if they're having a bad day, let's hope their superiors and the judge detect it if it's reflected in the charges, and do the right thing when the case comes to court.
Here is the actual law the cops will be using...
What the law says
Highway Traffic Act
Ontario Regulation 455/07
"race" and "contest"
2.(1) For the purposes of section 172 of the Highway Traffic Act, "race" and "contest" include any activity where one or more persons engage in any of the following driving behaviours:
1. Driving two or more motor vehicles at a rate of speed that is a marked departure from the lawful rate of speed and in a manner that indicates the drivers of the motor vehicles are engaged in a competition.
2. Driving a motor vehicle in a manner that indicates an intention to chase another motor vehicle.
3. Driving a motor vehicle without due care and attention, without reasonable consideration for other persons using the highway or in a manner that may endanger any person by,
i. driving a motor vehicle at a rate of speed that is a marked departure from the lawful rate of speed,
ii. outdistancing or attempting to outdistance one or more other motor vehicles while driving at a rate of speed that is a marked departure from the lawful rate of speed, or
iii. repeatedly changing lanes in close proximity to other vehicles so as to advance through the ordinary flow of traffic while driving at a rate of speed that is a marked departure from the lawful rate of speed.
(2) In this section, "marked departure from the lawful rate of speed" means a rate of speed that may limit the ability of a driver of a motor vehicle to prudently adjust to changing circumstances on the highway.
"stunt"
Highway Traffic Act
Ontario Regulation 455/07
"race" and "contest"
2.(1) For the purposes of section 172 of the Highway Traffic Act, "race" and "contest" include any activity where one or more persons engage in any of the following driving behaviours:
1. Driving two or more motor vehicles at a rate of speed that is a marked departure from the lawful rate of speed and in a manner that indicates the drivers of the motor vehicles are engaged in a competition.
2. Driving a motor vehicle in a manner that indicates an intention to chase another motor vehicle.
3. Driving a motor vehicle without due care and attention, without reasonable consideration for other persons using the highway or in a manner that may endanger any person by,
i. driving a motor vehicle at a rate of speed that is a marked departure from the lawful rate of speed,
ii. outdistancing or attempting to outdistance one or more other motor vehicles while driving at a rate of speed that is a marked departure from the lawful rate of speed, or
iii. repeatedly changing lanes in close proximity to other vehicles so as to advance through the ordinary flow of traffic while driving at a rate of speed that is a marked departure from the lawful rate of speed.
(2) In this section, "marked departure from the lawful rate of speed" means a rate of speed that may limit the ability of a driver of a motor vehicle to prudently adjust to changing circumstances on the highway.
"stunt"
3. For the purposes of section 172 of the Act, "stunt" includes any activity where one or more persons engage in any of the following driving behaviours:
1. Driving a motor vehicle in a manner that indicates an intention to lift some or all of its tires from the surface of the highway, including driving a motorcycle with only one wheel in contact with the ground, but not including the use of lift axles on commercial motor vehicles.
2. Driving a motor vehicle in a manner that indicates an intention to cause some or all of its tires to lose traction with the surface of the highway while turning.
3. Driving a motor vehicle in a manner that indicates an intention to spin it or cause it to circle, without maintaining control over it.
4. Driving two or more motor vehicles side by side or in proximity to each other, where one of the motor vehicles occupies a lane of traffic or other portion of the highway intended for use by oncoming traffic for a period of time that is longer than is reasonably required to pass another motor vehicle.
5. Driving a motor vehicle with a person in the trunk of the motor vehicle.
6. Driving a motor vehicle while the driver is not sitting in the driver's seat.
7. Driving a motor vehicle at a rate of speed that is 50 kilometres per hour or more over the speed limit.
8. Driving a motor vehicle without due care and attention, without reasonable consideration for other persons using the highway or in a manner that may endanger any person by,
i. driving a motor vehicle in a manner that indicates an intention to prevent another vehicle from passing,
ii. stopping or slowing down a motor vehicle in a manner that indicates the driver's sole intention in stopping or slowing down is to interfere with the movement of another vehicle by cutting off its passage on the highway or to cause another vehicle to stop or slow down in circumstances where the other vehicle would not ordinarily do so,
iii. driving a motor vehicle in a manner that indicates an intention to drive, without justification, as close as possible to another vehicle, pedestrian or fixed object on or near the highway, or
iv. making a left turn where,
(A) the driver is stopped at an intersection controlled by a traffic control signal system in response to a circular red indication;
(B) at least one vehicle facing the opposite direction is similarly stopped in response to a circular red indication; and
(C) the driver executes the left turn immediately before or after the system shows only a circular green indication in both directions and in a manner that indicates an intention to complete or attempt to complete the left turn before the vehicle facing the opposite direction is able to proceed straight through the intersection in response to the circular green indication facing that vehicle.
1. Driving a motor vehicle in a manner that indicates an intention to lift some or all of its tires from the surface of the highway, including driving a motorcycle with only one wheel in contact with the ground, but not including the use of lift axles on commercial motor vehicles.
2. Driving a motor vehicle in a manner that indicates an intention to cause some or all of its tires to lose traction with the surface of the highway while turning.
3. Driving a motor vehicle in a manner that indicates an intention to spin it or cause it to circle, without maintaining control over it.
4. Driving two or more motor vehicles side by side or in proximity to each other, where one of the motor vehicles occupies a lane of traffic or other portion of the highway intended for use by oncoming traffic for a period of time that is longer than is reasonably required to pass another motor vehicle.
5. Driving a motor vehicle with a person in the trunk of the motor vehicle.
6. Driving a motor vehicle while the driver is not sitting in the driver's seat.
7. Driving a motor vehicle at a rate of speed that is 50 kilometres per hour or more over the speed limit.
8. Driving a motor vehicle without due care and attention, without reasonable consideration for other persons using the highway or in a manner that may endanger any person by,
i. driving a motor vehicle in a manner that indicates an intention to prevent another vehicle from passing,
ii. stopping or slowing down a motor vehicle in a manner that indicates the driver's sole intention in stopping or slowing down is to interfere with the movement of another vehicle by cutting off its passage on the highway or to cause another vehicle to stop or slow down in circumstances where the other vehicle would not ordinarily do so,
iii. driving a motor vehicle in a manner that indicates an intention to drive, without justification, as close as possible to another vehicle, pedestrian or fixed object on or near the highway, or
iv. making a left turn where,
(A) the driver is stopped at an intersection controlled by a traffic control signal system in response to a circular red indication;
(B) at least one vehicle facing the opposite direction is similarly stopped in response to a circular red indication; and
(C) the driver executes the left turn immediately before or after the system shows only a circular green indication in both directions and in a manner that indicates an intention to complete or attempt to complete the left turn before the vehicle facing the opposite direction is able to proceed straight through the intersection in response to the circular green indication facing that vehicle.
All I can say is Yikes!
story and information courtesy of http://www.wheels.ca/article/31982
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