I'm a newbie so go easy on me. I found this forum and did some reading yesterday and found it pretty interesting. My question/query is this... I am old enough to remember when aircraft were used "back in the day" all the way along the 401 and they went away for many years until recently. I am ABSOLUTELY CERTAIN (although I can't site the case) that aircraft went away because the law was essentially struck down. This is because the judge ruled that... I'm going to paraphrase... that since the aircraft was timing a car between two fixed points, they could not pinpoint any exact speed at any given point in time. Further that the "average speed" was not sufficient to sustain the charge and therefore that "average speed" was essentially not viable. I.E. You could be going 140k in the first 200m and 90k for the next 300m (or whatever). I was shocked when McGuinty and his goat herders brought the law back... I was sure that it was struck down years ago. I AM CERTAIN it's out there!! Early 80's late 70's maybe. Anybody know the case law? Any place I can research it? Rico.
I'm a newbie so go easy on me. I found this forum and did some reading yesterday and found it pretty interesting.
My question/query is this... I am old enough to remember when aircraft were used "back in the day" all the way along the 401 and they went away for many years until recently. I am ABSOLUTELY CERTAIN (although I can't site the case) that aircraft went away because the law was essentially struck down.
This is because the judge ruled that... I'm going to paraphrase... that since the aircraft was timing a car between two fixed points, they could not pinpoint any exact speed at any given point in time. Further that the "average speed" was not sufficient to sustain the charge and therefore that "average speed" was essentially not viable.
I.E. You could be going 140k in the first 200m and 90k for the next 300m (or whatever).
I was shocked when McGuinty and his goat herders brought the law back... I was sure that it was struck down years ago. I AM CERTAIN it's out there!! Early 80's late 70's maybe.
I do not recall those days of aircraft, maybe it was based on fixed points such as bridges or something with inconsistent distances, where today the markings on the highway are pinpointed on the highway at exact spacing? CANLII is site for case law.
ricosuave wrote:
This is because the judge ruled that... I'm going to paraphrase... that since the aircraft was timing a car between two fixed points, they could not pinpoint any exact speed at any given point in time. Further that the "average speed" was not sufficient to sustain the charge and therefore that "average speed" was essentially not viable..
I do not recall those days of aircraft, maybe it was based on fixed points such as bridges or something with inconsistent distances, where today the markings on the highway are pinpointed on the highway at exact spacing?
CANLII is site for case law.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
I don't really see a problem with that, because if your average speed was over the limit on a stretch as a whole, then it must have been over the speed limit at at least one point of time. Given that the stretch is 100 m, then at 120 km/h it will take you less than 3 seconds to traverse the 100 m stretch. In your own example, you would have been let off really easy, as the average speed would have been 106 km/hr, instead of 140 where you would face some serious fines. Wasn't enough to convict one of the OPP officers (Tapp? I can't remember) who allegedly did 180 the whole way from A to B though...
I don't really see a problem with that, because if your average speed was over the limit on a stretch as a whole, then it must have been over the speed limit at at least one point of time. Given that the stretch is 100 m, then at 120 km/h it will take you less than 3 seconds to traverse the 100 m stretch. In your own example, you would have been let off really easy, as the average speed would have been 106 km/hr, instead of 140 where you would face some serious fines.
Wasn't enough to convict one of the OPP officers (Tapp? I can't remember) who allegedly did 180 the whole way from A to B though...
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"
I totally understand the logic of the average speed argument... I'm just saying that I'm absolutely sure it was struck down 20+ years ago becuase the judge decided that it was not sufficient to sustain the charge. That's when all the airplanes went away until recently. Do you guys know of a site I can do research at?
I totally understand the logic of the average speed argument... I'm just saying that I'm absolutely sure it was struck down 20+ years ago becuase the judge decided that it was not sufficient to sustain the charge.
That's when all the airplanes went away until recently.
I totally understand the logic of the average speed argument... I'm just saying that I'm absolutely sure it was struck down 20+ years ago becuase the judge decided that it was not sufficient to sustain the charge.
That's when all the airplanes went away until recently.
I remember the air surveillance but I thought it was the cost that did it in. The signs seemed to stay much longer than the program. You may wish to go to the library and look at microfiche of older newspapers (there's an index) to see when the program closing was announced. You could also try writing the news media under a "hey whatever happened to..." or the "question of the day". Finally, you can also try writing to the Attorney General with your question. I would avoid talking about the case law, they won't do legal research for you. Position it more like a general inquiry about a past program. That might get a response. Good luck and please tell us what you find out!
I remember the air surveillance but I thought it was the cost that did it in. The signs seemed to stay much longer than the program. You may wish to go to the library and look at microfiche of older newspapers (there's an index) to see when the program closing was announced.
You could also try writing the news media under a "hey whatever happened to..." or the "question of the day".
Finally, you can also try writing to the Attorney General with your question. I would avoid talking about the case law, they won't do legal research for you. Position it more like a general inquiry about a past program. That might get a response.
Ok... so I was having a cocktail yesterday and I remember that it was out of Ontario that the law got struck down... Quebec I think because they had aerial surveillance for years. Thats when Ontario took it out. I have been on CanLII but the Quebec ruling are obviously in French. I will get a girl I know in Montreal to check it out for me… I still need to go to the library and check it out there… Im sure its out there somewhere!! Ill keep you posted.
Ok... so I was having a cocktail yesterday and I remember that it was out of Ontario that the law got struck down... Quebec I think because they had aerial surveillance for years.
Thats when Ontario took it out. I have been on CanLII but the Quebec ruling are obviously in French. I will get a girl I know in Montreal to check it out for me… I still need to go to the library and check it out there… Im sure its out there somewhere!!
I was actually ticket last year for this very offense by an aircraft patrol. A couple things confused me about it one being that it was the 401 and I was keeping pace with the rest of the cars in my lane at approximately 120km/h. There were definetly guys to the left passing at higher speeds (I was in the middle lane). Why would they specifically go after someone in the middle lane traveling at traffic speed? The other problem that came to mind was that I have a very common car in a common colour, how can they possibly prove that it was my car and that I was the one driving? I guess I'm wondering what exactly the process is that the aircraft patrol uses to tag someone and signal their buddy on the ground to go pull him over, can anyone shed light on it?
I was actually ticket last year for this very offense by an aircraft patrol. A couple things confused me about it one being that it was the 401 and I was keeping pace with the rest of the cars in my lane at approximately 120km/h. There were definetly guys to the left passing at higher speeds (I was in the middle lane). Why would they specifically go after someone in the middle lane traveling at traffic speed?
The other problem that came to mind was that I have a very common car in a common colour, how can they possibly prove that it was my car and that I was the one driving?
I guess I'm wondering what exactly the process is that the aircraft patrol uses to tag someone and signal their buddy on the ground to go pull him over, can anyone shed light on it?
You won't find it, ricosuave: the aircraft technique wasn't struck down, but merely abandoned in Ontario because of the cost. That, and the fact that it doesn't work in bad weather or when the aircraft is u/s (can't generate revenue sitting in the hangar). I'm not even sure that the job can be done from an aircraft at night, either. Some details of how the air/ground process works are here: http://www.parrysound.com/press/1218640116/ And some background about the previous program (1965 to 1981) is here: http://www.thestar.com/News/Ontario/article/246448 Both sources explicitly link this initiative to 172.
ricosuave wrote:
I remember that it was out of Ontario that the law got struck down... I still need to go to the library and check it out there… Im sure its out there somewhere!!
You won't find it, ricosuave: the aircraft technique wasn't struck down, but merely abandoned in Ontario because of the cost. That, and the fact that it doesn't work in bad weather or when the aircraft is u/s (can't generate revenue sitting in the hangar). I'm not even sure that the job can be done from an aircraft at night, either.
Some details of how the air/ground process works are here:
Simply the aircraft obtains a speed on a target vehicle, relays information (speed, time, description) to a ground unit, maintains sight on target vehicle until ground unit confirms visual on same target, ground unit stops target and identifies the driver.
morpheus wrote:
I was actually ticket last year for this very offense by an aircraft patrol. A couple things confused me about it one being that it was the 401 and I was keeping pace with the rest of the cars in my lane at approximately 120km/h. There were definetly guys to the left passing at higher speeds (I was in the middle lane). Why would they specifically go after someone in the middle lane traveling at traffic speed?
The other problem that came to mind was that I have a very common car in a common colour, how can they possibly prove that it was my car and that I was the one driving?
I guess I'm wondering what exactly the process is that the aircraft patrol uses to tag someone and signal their buddy on the ground to go pull him over, can anyone shed light on it?
Simply the aircraft obtains a speed on a target vehicle, relays information (speed, time, description) to a ground unit, maintains sight on target vehicle until ground unit confirms visual on same target, ground unit stops target and identifies the driver.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
As long as the vehicle is in constant motion from time of pilot visual contact to point of ground traffic stop. What if the vehicle had stopped in between. Potential for change of driver?
hwybear wrote:
...ground unit stops target and identifies the driver.
As long as the vehicle is in constant motion from time of pilot visual contact to point of ground traffic stop. What if the vehicle had stopped in between. Potential for change of driver?
As long as the vehicle is in constant motion from time of pilot visual contact to point of ground traffic stop. What if the vehicle had stopped in between. Potential for change of driver? Yeah, and what IF they stopped under the overpass, just prior to the ground units sitting on the "get-on-ramp" then what? Or what if the vehicle was on "cruise control" and person was sitting in the back :shock: :shock: then what? :lol: :lol:
Bookm wrote:
hwybear wrote:
...ground unit stops target and identifies the driver.
As long as the vehicle is in constant motion from time of pilot visual contact to point of ground traffic stop. What if the vehicle had stopped in between. Potential for change of driver?
Yeah, and what IF they stopped under the overpass, just prior to the ground units sitting on the "get-on-ramp" then what?
Or what if the vehicle was on "cruise control" and person was sitting in the back then what?
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
Might have forgot, driving a motor vehicle, while not in the drivers seat?? But the driver jumped out....now rolling on the pavement back there.....didn't want the speeding ticket from that dem dar arrowplane. :lol:
Squishy wrote:
Not according to the province.
Maybe if you set it on cruise then crawled into the trunk.
Might have forgot, driving a motor vehicle, while not in the drivers seat??
But the driver jumped out....now rolling on the pavement back there.....didn't want the speeding ticket from that dem dar arrowplane.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
The legislature will debate on it until the end of parliamentary session, then on the next session they will decide that it is not safe enough (just like electric cars), despite data from elsewhere. Someone then will bring up the issue again, when Guvernment Motors will make that car, and the legality of such cars will be approved, along with a $5000 rebate.
FiReSTaRT wrote:
On that tangent, what will happen to the law when self-driven vehicles based on dGPS technology come out?
The legislature will debate on it until the end of parliamentary session, then on the next session they will decide that it is not safe enough (just like electric cars), despite data from elsewhere. Someone then will bring up the issue again, when Guvernment Motors will make that car, and the legality of such cars will be approved, along with a $5000 rebate.
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"
Am really confused about this one, this morning i got a reduced speeding ticket (80km speed in 60 zone), and in the ticket the cop wrote 10km over the speeding limit.. and it has the 'R' code in it.. and the cop said i need to pay this and it doesn't have any points on it..
im fine with paying the ticket which is only 40 dollars but my biggest concern, will it show in my record ? or only tickets…
I got a ticket for driving with handheld device in Oct 2015 and I had requested for a trial. Yesterday I received the notice of trial (notice is dated 26-Jan-2017, court of trial is Newmarket, ON) and trial date is Mar 8, 2017. Today, I have sent in a registered request for disclosure (i.e on 29-Jan-2017).
Need some help here for the 1st time speeding ticket?
Sunday morning 12:10am when I was going home from work I was doing bit speeding on Gardiner. I was going with about 130km/h. I know its fast. I always take the same way and I know where the cops hide. They always hide entrance of the highways. If I will do speeding I always look my back and did look this time too. I took gardiner…
I just have a question in regards to the summons Under Part 1 I received for an rear end accident:
I was driving on the 2 lane road, and the car in front of me suddenly stopped, I had seen the car, and so I started to brake, however I heard noise from the back and looked int o the rear view mirror and saw a huge "truck" so I decided to go right, took the feet out of brakes but couldnt…
I have searched and I know the general rule is no, barring criminal charges or tresspassing. So let me use 2 specific issues I have.
1) I have some business in some area malls after hours. Once I have pulled into the mall lot on the way to the closest door I rarely stop at stop signs unless there is a car or person nearby. (i do not carelessly speed, i do show caution, just do not fully stop) Can…
In June at 401 London and Wellington I got hit twice, speeding which I didn't realize I was doing and cell phone. The Officer made me open my purse and show him my phone. I was going to meet a Rep of my Company in Kitchener, he called I answered. WRONG! The Officer wasn't even nice. My record was clean and he slapped me twice. I sat in the car and sobbed for 20 minutes as I was scared out of…
I wanted to "reply" elsewhere...but the more appropriate areas were "locked" to replies....so, here are a couple of questions...from a newbie to this site:
1. Who ARE you? (I'm a little edgy about conversing on a forum whose ownership is not stated anywhere on an "About" page") No offense intended whatsoever. Just like to know who I'm talking with/in front of.......your honor!
You are coming off of a highway exit and there are 3 lanes: right hand lane for right hand turn; middle lane for left AND right turn (but no straight thru since it is only a three-way intersection); and left lane for left hand turn. You are first in the middle lane, signalling to make a right.
CAN YOU make a right hand turn from the middle lane on a red if the traffic is clear?
Hey everyone first off I'd like to say great website, I have been reading and it is very useful
I'm posting today as I'd like to get some feedback on my situation and have a couple of questions. Please excuse the vagueness in some areas - I don't want my case to be identifiable given the small town.
So I was driving up north and was pulled over by an OPP SUV for doing 31 over. Cop drove past me,…
Hello! I'm under 16 currently and really want to drive. I know that section 37(1) says you have to be 16, but I've read that the HTA does not apply when you are in private property, so does that mean I can drive in a parking lot if I wanted to?
I was heading northbound on my bike downtown on friday. After the east/westbound lights went red and after a long pause I decided to get a head start and proceed before the light changed to green. About a block north of me an officer stepped out of an unmarked cruiser and pulled me over and gave me a $180 ticket. Now I see on this site that I should have been given points for it..but…
Got a ticket Saturday for insecure load. The officer was a real jerk and unfair. I had nothing hanging out the sides and the load wasn't that high. Just taking some junk to the dump. I was doing 40 on Ashley St in Foxboro, 4 ways on taking my time and nothing was going to fall out. I'm thinking about fighting it. Anyone experienced this before?
So I got convicted of a dui.. I have been riding my bike in the snow and taking the bus. I am a driving enthusiast and I will be going to the race track all summer but I NEED to drive something right now!
I have done lots of research and even an electric assisted bike that a 16 year old can drive legally on the road is not an option to someone with a dui suspension.
Hey this is my first ticket so as much information that people can provide will be appreciated. I was making the drive home going around 90kph(in a 80) behind what I knew was an undercover police car. The cop abruptly pulled to the side and pulled back in behind me to pull me over. Now I reduced my speed to below 80 when the cop pulled to the side but he claimed he had me clocked at 109kph and…
So I was heading home to today and I was in the left lane of the off ramp, some lady cut across her lane of traffic and across the off ramp median and hit the back side of my car! After a few meters of bumping (I was dazed and confused) I stopped the car.
I call 911 and was told to move the car to the shoulder.
Cop comes, interviews both of us, and lets the lady go! The cop proceeds to give…
An undercover cop, well not sure if he was even a cop to be honest, maybe a constable pulled me over after I passed him shortly after a construction zone. He asked me if I was in a rush and said that he was going 105 and I was going 120. It seems mostly from our conversation that he was pissed off that I passed him, because he never told me that I was speeding. None the less the ticket says…
I got this ticket last year in toronto and received court date recently.
Basically I parket on a street where there are marked spots for car parking but they were all faded with only the white edges showing. I assumed I was in the correct spot when I got out. I never noticed the fire hydrant in the bushes.
When I returned I saw the ticket and then noticed the fire hydrant and when I to the…
I would like to know if anybody could tell me what "V" stands for on the Code section of the Form 4. I think that it will be useful to understand what information is on this form in order to make a decision on what option we should chose.
I recently received a ticket for red light fail to stop under section 144 (18) of the Highway Traffic Act at the intersection of Dupont St. and Dufferin St. in Toronto with a set fine of $150 and total payable of $190. I think I entered the intersection on a yellow, however that is not the way the officer saw it. During the traffic stop the officer was polite bordering on friendly…
Got my first ticket last Thursday and I have a couple of questions. I was driving westbound on Moore St. (west of Bayview) and made a left onto a residential street at a 4-way stop sign. It was my first time driving through that area - was driving my girlfriend to a wisdom tooth surgery.
The police were set up to catch people, as that intersection had a no left turn sign from 7-9 am (buses…