Hi, I have a pretty general question, I am just wondering, If a Police Officer is doing radar (or laser.. whatever) on an unlit area of a highway and is out of his vehicle do this, with his vehicle faced into traffic (but on the center median emergency turn around). If there is multiple cars on the road and it is an unlit area does he not have some kind of responsibility to ensure he "never" takes his eye of the vehicle he just tagged. If he was facing traffic he would have to "make out" the plate of the car as it passes by (or model and color?) in the dead of night, then get in his car that is now facing traffic, make a U-Turn and merge then get that EXACT same car..... Would that not violate some kind conduct law or something.. Thanks..
Hi,
I have a pretty general question, I am just wondering, If a Police Officer is doing radar (or laser.. whatever) on an unlit area of a highway and is out of his vehicle do this, with his vehicle faced into traffic (but on the center median emergency turn around). If there is multiple cars on the road and it is an unlit area does he not have some kind of responsibility to ensure he "never" takes his eye of the vehicle he just tagged.
If he was facing traffic he would have to "make out" the plate of the car as it passes by (or model and color?) in the dead of night, then get in his car that is now facing traffic, make a U-Turn and merge then get that EXACT same car..... Would that not violate some kind conduct law or something..
It doesn't violate any law, nor is there a requirement to maintain constant visual contact. If visual contact is lost however, it could help raise reasonable doubt at trial.
It doesn't violate any law, nor is there a requirement to maintain constant visual contact. If visual contact is lost however, it could help raise reasonable doubt at trial.
Maybe 50% of time I read the plate during day, next till nil at night. A lot of people misunderstand lost sight of vehicle. Rarely have I ever lost sight of the vehicle. Losing sight is when it the vehicle physically disappears out of sight due to an obstruction (ie: over hill, curve etc..)
Krynge wrote:
If he was facing traffic he would have to "make out" the plate of the car as it passes by (or model and color?) in the dead of night,
Maybe 50% of time I read the plate during day, next till nil at night.
A lot of people misunderstand lost sight of vehicle. Rarely have I ever lost sight of the vehicle. Losing sight is when it the vehicle physically disappears out of sight due to an obstruction (ie: over hill, curve etc..)
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
Hwybear, I guess my question is if you make a U-turn and merge into traffic then try to catch up to the car you thought you got on the radar, How can you be sure that is the right one? If it is a busy Hwy and pitch black and your making a U-turn you have to loose sight of the vehicle.. ?? No?
Hwybear,
I guess my question is if you make a U-turn and merge into traffic then try to catch up to the car you thought you got on the radar, How can you be sure that is the right one? If it is a busy Hwy and pitch black and your making a U-turn you have to loose sight of the vehicle.. ?? No?
No. It is really not that hard. See your head does turn and allows us to follow the vehicle. Plus, the split second that you check to make sure you are not struck is accepted by the courts as reasonable. Plus we do not need to get the plate number prior to stopping. OPS
No. It is really not that hard. See your head does turn and allows us to follow the vehicle. Plus, the split second that you check to make sure you are not struck is accepted by the courts as reasonable.
Plus we do not need to get the plate number prior to stopping.
guess a simple way to explain. And every motorist does it multiple times a day. While stopped to enter any highway (road/street etc..) you turn your head and look to check before safely proceeding to turn or go straight or whatever. Those vehicles you observed and had to wait for pass your location, you check again and proceed safely. Now next time pick a vehicle as it passes you, then look other way, and then back at that vehicle, you still see it, you have not lost sight of it, the vehicle merely moved 20-50m farther away from you. Now throw in that officers do this identifying of vehicles multiple times a hour day and night.... it is really simple/easy to hone this skill. I find day/night no different. Maybe once or twice a month I do lose sight (I can no longer see it) of a vehicle, so I then use my options: - abort and go back to my location OR - proceed in direction and hope to see a similiar vehicle again and obtain a "new" radar reading on the target vehicle OR - proceed in direction and hope to see similiar vehicle again, stop it, but no enforcement action for the speed
guess a simple way to explain. And every motorist does it multiple times a day. While stopped to enter any highway (road/street etc..) you turn your head and look to check before safely proceeding to turn or go straight or whatever. Those vehicles you observed and had to wait for pass your location, you check again and proceed safely. Now next time pick a vehicle as it passes you, then look other way, and then back at that vehicle, you still see it, you have not lost sight of it, the vehicle merely moved 20-50m farther away from you.
Now throw in that officers do this identifying of vehicles multiple times a hour day and night.... it is really simple/easy to hone this skill.
I find day/night no different. Maybe once or twice a month I do lose sight (I can no longer see it) of a vehicle, so I then use my options:
- abort and go back to my location OR
- proceed in direction and hope to see a similiar vehicle again and obtain a "new" radar reading on the target vehicle OR
- proceed in direction and hope to see similiar vehicle again, stop it, but no enforcement action for the speed
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
Hi everyone. I'm asking for a friend who has a question of interpretation.
He was ticketed for using a hand-held device. He contends that he was acting within the exemption provided under Subsection 14 (1) of O. Reg. 366/09, which reads as follows (emphasis added):
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