Can anyone point me in the direction of case law supporting a margin of error for aircraft radar?
Thank you!
51 over, speed measured via aircraft
Can anyone point me in the direction of case law supporting a margin of error for aircraft radar?
Thank you!
Re: 51 over, speed measured via aircraft
Its called the stop watch method. You calculate the time it takes to travel a known distance, and then that figure is punched into a calculation.
The speed obtained is the average speed over that time.
The formla is
S (speed). = D (distance)
__________ (divided)
T. ( time)
I know it doesnt answer your question but hope it helps
Re: 51 over, speed measured via aircraft
Thank you very much for the information.
Do you know if Disclosure should include information from both the officer on the ground and the officer in the plane? Would both be required to attend at Court?
Thank you again!
Re: 51 over, speed measured via aircraft
Yes to both. The officer on the ground is charging the person based on the person in the planes information. Both would be required to attend court.
Re: 51 over, speed measured via aircraft
paul1913 wrote:
Its called the stop watch method. You calculate the time it takes to travel a known distance, and then that figure is punched into a calculation.
The speed obtained is the average speed over that time.
The formla is
S (speed). = D (distance)
__________ (divided)
T. ( time)
I know it doesnt answer your question but hope it helps
the officer makes no calculations, the stop watches that are used, automatically do the calculation and display the speed...FYI
Re: 51 over, speed measured via aircraft
Is there a requirement for the officer to prove that the stop watch was calibrated (same as for a radar unit)? What about the human error component? If the bear in the air starts the stop watch a fraction too late and stops it a fraction too early then the recorded speed is higher than the actual. The difference between 51 over and 49 over might be substantial?
Re: 51 over, speed measured via aircraft
hwybear wrote:
paul1913 wrote:
Its called the stop watch method. You calculate the time it takes to travel a known distance, and then that figure is punched into a calculation.
The speed obtained is the average speed over that time.
The formla is
S (speed). = D (distance)
__________ (divided)
T. ( time)
I know it doesnt answer your question but hope it helps
the officer makes no calculations, the stop watches rthat are used, automatically do the calculation and display the speed...FYI
Either use the time / speed chart or radar/lidar to do it for you. Ive never myself done the actual calculations myself.
Re: 51 over, speed measured via aircraft
Let me throw a curve ball out here. The Aeronautics Act states that a commercial air service is any use of an aircraft for "hire or reward". Hire or reward is further defined as any payment , consideration, gratuity or benefit directly or indirectly charged, demanded , received or collected by any person for the use of an aircraft. (Aeronautics Act 3.(1)) A search of the aircraft registration database shows that none of the OPP aircraft are commercial aircraft.
Thusly - the aircraft was used in contravention of the federal regulations and therefore the charge should be withdrawn.
Comments?
Re: 51 over, speed measured via aircraft
It's some creative thinking, but I don't think the OPP's use of the aircraft would qualify as commercial air service. The OPP aren't ferrying passengers or requesting compensation for their services. ![]()
Re: 51 over, speed measured via aircraft
riggyzomba wrote:
The Aeronautics Act states that a commercial air service is any use of an aircraft for "hire or reward". Hire or reward is further defined as any payment , consideration, gratuity or benefit directly or indirectly charged, demanded , received or collected by any person for the use of an aircraft. (Aeronautics Act 3.(1)) A search of the aircraft registration database shows that none of the OPP aircraft are commercial aircraft.
Thusly - the aircraft was used in contravention of the federal regulations and therefore the charge should be withdrawn.
I can answer this one (I work in the aviation industry).
There are three possible things that the Certificate of Registration could state: Private, Commercial, and State. The OPP's airplane is not a Commercial Air Service; it is a State aircraft. Other things that would fall in this category include the Forestry Service, the Department of Fisheries and Oceans, the RCMP, etc. Commercial Air Services include flight instruction, aerial survey, airlines, etc. Any aircraft used in the service of the state, even if monetary penalties may be assessed as a result of its use (e.g. speeding tickets, or F & O busting people for illegal fishing), do not fall into the category of "hire or reward," because the actual purpose of the aircraft in this case is enforcing the law.
Re: 51 over, speed measured via aircraft
This post started off asking about the margin of error - can we get back to that?
Is there a requirement for the officer to prove that the stop watch was calibrated (same as for a radar unit)? What about the human error component? If the bear in the air starts the stop watch a fraction too late and stops it a fraction too early then the recorded speed is higher than the actual. The difference between 51 over and 49 over might be substantial?
Re: 51 over, speed measured via aircraft
I don't even think they would use a stopwatch when a Genesis II Select Directional radar unit has the capability of measuring speed over distance built into it. All they need in the aircraft is the remote and the display box. Set the proper distance between the marks on the highway and simply start and stop when a motor vehicle hits two of the marks. All that is left for any doubt or question would be if the officer was starting too late and stopping too early.To get around this I'd make it a habit of not stopping it until the rear of the vehicle passes the line. This always gives the advantage to the driver.
Re: 51 over, speed measured via aircraft
Decatur wrote:
I don't even think they would use a stopwatch when a Genesis II Select Directional radar unit has the capability of measuring speed over distance built into it. All they need in the aircraft is the remote and the display box. Set the proper distance between the marks on the highway and simply start and stop when a motor vehicle hits two of the marks. All that is left for any doubt or question would be if the officer was starting too late and stopping too early.To get around this I'd make it a habit of not stopping it until the rear of the vehicle passes the line. This always gives the advantage to the driver.
With either the watch or your set up here, human error is present in the reading, the officer needs to press a button at the correct time<<<<.
As to the original question, seeing as no one here seems to have direct knowledge, I would ask in court.
Something to this effect, "What sort of certainty do we have that the measuring device the officer in the plane was using was functioning properly at the time?"
Every other speed measuring device used by the police has some sort of self test, these should as well.
Just my 2 cents........
Re: 51 over, speed measured via aircraft
A stopwatch IS USED in the aircraft. The stopwatch does the calculation and shows the officer the speed. The stopwatch is tested by 2 means:
- obtaining a speed of a cruiser going thru the "zone" and then confirming the speed on watch vs cruiser
- there is a "800" number that is called which tells time (I don't know the number off hand), however start the watch and it counts time and stop same on the voice recording
One has to remember the aircraft method is way more in favour of the defendant, as it is a minimum distance of 500m, at 100km that is 18sec, the defendant speed is an average over that whole duration.
Comparatively, just as accurate is radar, which is normally only 2-3 sec of tracking or lidar which is less than 1sec of targetting.
Re: 51 over, speed measured via aircraft
So if you're doing 151 km/hr, the time thru the zone is 11.92 sec but if you're doing 149 km/hr, the time thru the zone is 12.08 sec - difference of 0.16 sec. Given the distance between the officer in the plane and the subject vehicle it could be argued that the accuracy of the officer's reaction time resulted in too high of a speed recorded. I'm thinking that the difference in penalty between 151 and 149 is fairly high?
Re: 51 over, speed measured via aircraft
syntst wrote:
So if you're doing 151 km/hr, the time thru the zone is 11.92 sec but if you're doing 149 km/hr, the time thru the zone is 12.08 sec - difference of 0.16 sec. Given the distance between the officer in the plane and the subject vehicle it could be argued that the accuracy of the officer's reaction time resulted in too high of a speed recorded. I'm thinking that the difference in penalty between 151 and 149 is fairly high?
Aren't you trying to show that you are not going 50 km/hr or more over the speed limit? Shouldn't you really be looking at the difference between 151 km/hr and 149.99 km/hr which is about half of that?
I followed the procedures mentioned in the previous threads regarding the disclosure and received it today. My court date is November 5 2009 in Whitby. After going through the notes I realized 2 things:
1- the notes are horribly illegible and difficult to read
2- I have notes from two different officers.
Now I am not sure if this means that both the officers will be at court for the hearing or…
I hope I can paint the picture with the accuracy that the truth deserves. I have no intention of just beating a ticket.. but more like beating a really unfair ticket. You decide!
I had entered Canada after a short trip downsouth through Detroit on my way to Toronto. Not being equipped with a GPS unit I had to rely on the printable poorman's version from Mapquest. I followed Huron Church Rd.,…
Hi everyone,
Need an expert advice here. 10 days ago I got a speeding ticket. Ticket has a fatal error on its face-offense not known to law. It says speeding 75km/hr in posted 60km/hr zone. What is the best way to proceed?
1. Should I completely ignore this ticket and let the JP to quash it?
2. Should I go with option 3 - request a trial and force the fatal error by not showing up at court?
Does…
My name is Brian. I am in my late 20s and live in Toronto. I do not own a car but half a dozen times a year I rent one with my Visa. (To get out of the city and go to a beach or ski for example.)
I have never drunk and drive but I face a problem and Im wondering if anyone can tell me what to do. Several months ago I was at a weekend party and had quit a bit to consume. When I stopped…
Traffic stop in scarborough, ontario
I was travelling east bound on ellesmere road and approached markham road attempting to make a right turn. All signal lights were red and cars traveling down markham road south were given the green arrow. I slowed down and attempted to make the right turn. I got ticketed by a cop who was parked in a gas station facing the intersection in a (no parking zone). I…
Just got this last night on my way to guelph.
Crested a hill, officer coming at me, pulled a u turn and pulled me over.
I will go back and look again but I thought I was in an 80 not a 70 and I am positive I wasn't doing more than 120. My speedo read 110-115. I have aftermarket tires and rims so I assume this would be the difference.
It was around 7pm, already dark, nobody on the road but myself,…
I am looking for the case law that is commonly used when the prosecution says they only need to disclose the testing pages of a radar manual or laser manual.
I am only interested in the binding decisions (appeals court or higher?), and not in the non-binding Justice of the Peace decisions.
The most recent that I can find is:
Thunder Bay (City) v. Millar, 2009 ONCJ 485 canlii.ca/t/264d2
This case is…
So I was pulled over early in the AM. I was picked off in a line of cars for speeding. Lucky me!
Anyways I got 3 summons for Drive Under Suspension and 1 summons for speeding.
I didn'e have my wallet on me so was unable to present any photo id. Also, the car I was driving was a friend of mine.
The officer has incorrectly misspelled my first and last name. Also my address is wrong, I haven't lived at…
Hello,
I was pulled over two nights ago and charged with failing to stop a stop sign. On the ticket, it says 'disobey stop sign - foil to stop' and does not say 'fail' -- something I think may be a fatal flaw? I have been driving for 12 years with no tickets, yet I live in Brampton where insurance prices are high so I do not want to be convicted as my insurance rates will spike significantly and…
A friend of mine (who is from China and with no knowledge of English at all) asked me to interpret for him on court.
He got pulled over by a stealth patrol car last october, got 3 tickets (fail to show insurance card, using cell phones and fail to stop on right for emergency vehicle) , court date is next week. He told me his insurance expired for less than a month and other charges are false…
I understand the severity of my offences, and I can't stress how much I regret it. I know I endangered the lives of myself and more importantly others. I usually do not speed and I know running late for work is an unacceptable excuse. I will be a man and accept the consequences of my actions although I would appreciate any advice for my situation.
Bottom line, 1 pound of cannabis was found in my…
Guys back in january i got a speeding ticket on dvp, but i am 90% sure he did not caught me on radar, i asked for disclosure request and i just received today, I have asked for: a full copy of the police officers notes, a copy of both sides of the officers copy of the ticket, witness will say statements, speed gun manual, calibration record, repair history and officer's training certificate but…
Good evening everyone,
I need some help here. So today I was on my way to get my tires changed from my winter tires to my regular summer staggered set of tires. I was driving in mississauga on my way to my destination, I got pulled over by an officer where I was given a ticket for having improper mudguards. For some context, I drive a stock 2013 C63 AMG with winter tires at the time. I was never…
Hi,
I'd like to start this off by saying for the last two weeks I have been browsing the forums. I'm trying to prepare myself for an early resolution meeting with a prosecutor (in Brampton, if that matters). I have a clean record and as a teacher, I always do my best to follow rules (trying to practice what I preach!)
On December 4, 2014 I was preparing to turn right at a very busy intersection.…
Hi,
I have question, today I was going to work in my normal route there is a triangle intersection with my side being the only one with a stop sign.
There's a car in front me who stopped at the stop sign, and the third-side there's a incoming car with their hazard-light flashing but they don't have stop sign, yet coming in at a slow speed.
Right after the car in front me went through the stop sign,…
On my way to work this morning I received a ticket for disobey sign. I was on Hwy 10 Mississauga in the right lane. The right lane leads to the 401 and there is a sign saying Right Lane Exits. I Tried to merge left before the on ramp as did 3 other people. We all got a ticket for doing that. Is there anything I can do? I did not realize I was breaking any law it was a dotted line where I tried to…
Hello OHTA Forum,
This is my first post, before I jump right in I would like to thank the forum, members, posters and moderators for all the information posted. I feel like I have been able to learn a lot from others experiences, so thank you all.
This will be a lengthy post. But if you are dealing with a Disobey Sign HTA 182(2) - No Straight Through Intersection you may find this extremely…
Let me start this with saying that this isn't in regards to a ticket, more a discussion surrounding front license plates and learning about the rules behind them. (Most of the quote stuff is using colloquial terms, mostly because I couldn't really find a better way to describe it; it's not meant to be offensive.)
I know Ontario law/HTA mandates having a front license plate unlike some States in…
Hi Guys! I've just had my trial day yesterday. I was not at fault but was convicted anyways.
It is such a travesty! There is no justice at the traffic court. It is just a no mercy machine to part someone with his money, no common sense applies and no reasonable argument being considered. Such a shame! The justice, the policeman and the prosecutor ganged up against me. The justice kept interrupting…
Well first of all ... glad to have found the forum - hoping to find answers to 'alot' of questions
I was unfortunate in July 2010 in that I ended up rolling my 2009 Ranger three times, through a fence and landing on the roof on a rained-out road that was/is in need of proper repair in Eastern Ontario.
I was assisted out of the vehicle by the driver who was behind me.
I was not charged with any…
I have an unusual situation.
I was traveling down the 401, noticed a speed trap, and started flashing my lights -- in order to warn oncoming drivers.
Within a 30 seconds, a car slowed, crossed the grass, and approached me from behind. Lights appeared, and I then realised that this was an officer in an undercover car.
The officer pulled me over, and while he was polite, clearly his motivation was to…
I'm wondering what the rules are for Pedestrians, Roller Bladers and Cyclists at a 4-way stop?
I know it sounds like a simple question. But I'm seeing things that are making me wonder what the exact rules are.
Does anyone know the specific law, statute, Charter right to refer to when a prosecutor or justice attempts to change the charge on a ticket after a trial has begun? I assume I'd object immediately (without interrupting anyone, of course) but what would be the specific legal basis of my objection?
I've seen a few younger riders with those mohawks on their helmets and was wondering if that's in some sort of violation of the HTA.
As for me, it's bad enough that I ride a supersport with blown muffler packing. I don't need any more attention ![]()
I was right behind a school bus that looked like it was pulling over to the side in order to turn down a side street, I saw no lights so decided to go around (wide street). Was still moving as I was passing, then as I did pass I heard horn and looked back and in fact it was pulling over to p/u school kids (was a block away from my son's school, so just assumed it wouldn't be picking up kids...it…