about time some sanity came about with regard to this farce nice to see a JP that actually understands the laws they're paid to uphold http://www2.macleans.ca/2009/04/30/fast ... #more-3125 Fast and furious Do street racing laws actually violate the Charter of Rights? If nothing else, Ontarios new "street racing" law has made for some amusing police blotter. There was that heavy-footed firefighter who had his emergency vehicle impounded for seven days (he was off-duty when a North Bay cop clocked him at 70 km/h over the limit). Another driver nabbed in the same part of the province also lost his wheels for a week—as did the speeding tow truck driver who came to impound the car. And then, of course, there was Antonio Talarico, the 26-year-old who made headlines across the country last month when his Infiniti G35 was spotted tearing down a Toronto highway at a whopping 250 km/h. His first words after being pulled over? "Im sorry." The Ontario Provincial Police certainly isnt apologizing. Or laughing. The force says the tough new street racing penalties—including possible prison time for anyone caught driving more than 50 km/h over the limit—are doing exactly what they were designed to do: save lives. In 2008, the laws first full year on the books, fatalities on OPP-patrolled roads plummeted by almost one-third (from 451 to 322), and in the first three months of 2009 there were 17 speed-related deaths, a 29 per cent drop from the same period last year. But 18 months and 11,000 charges after the law was first introduced, police and prosecutors are revving up for a legal showdown that threatens to quash some of cops newfound powers—including the luxury of treating every excessive speeder like a hard-core street racer. One justice of the peace has already ruled that a key section of the law is unconstitutional, and if defence lawyers have their way, the provinces highest court will have to weigh in on a question already being asked in traffic courts across Ontario: do jail sentences for speeders violate the Charter of Rights and Freedoms? Adopted in September 2007, Section 172 of Ontarios Highway Traffic Act was created to crack down on the fast and the furious. Anyone caught racing or "stunting" (doing doughnuts in a parking lot, for example, or cruising around town with a passenger in the trunk) will automatically lose his car and his licence for seven days. If convicted, the penalties range from a minimum fine of $2,000 to six months behind bars. At last count, 24 drivers have served at least one night in jail because they thought they were Paul Tracy. But the "50 over" provision—though widely supported by the public—presents a constitutional conundrum. Nobody is saying that a jail sentence isnt appropriate for a pair of reckless pals weaving through traffic on their way to an imaginary finish line. But that off-duty fireman driving 70 km/h over the limit? Or a late-night commuter whos rushing home? Their infraction—plain old speeding—is already covered in the Highway Traffic Act, and the maximum penalty isnt anywhere near prison. "At 49 km/h over the speed limit, youre a member of society and youre welcome to live amongst us," says Gary Parker, a paralegal who has represented dozens of drivers netted by the new law. "At 50 over, youre now a monster worthy of jail. It makes absolutely no sense at all." Simply put, speeding has always been considered an "absolute liability" offence. Once a person is clocked over the limit, there is basically no possible defence (unless he can prove the radar gun was defective). As a trade-off for such swift justice, the Charter guarantees that anyone who commits an absolute liability offence—i.e., he has no fighting chance to defend himself—cant be locked away. Yet now, thanks to the new stunt-driving legislation, a form of speeding is suddenly punishable with prison. "It is unconstitutional," says Brian Starkman, a lawyer who specializes in street-racing cases. "You cant have an absolute liability offence co-exist with the potential for jail. That is settled in law." Starkman, among others, has tried to argue that point in court, hoping to have the "50 over" section scratched from the act. The courts have been unsympathetic—until now. Macleans has learned that earlier this month, a man in Burlington who was clocked at 60 km/h over the limit had his charges stayed after a justice of the peace, Barbara Waugh, agreed with the constitutional challenge. "I am the first one to win," says Gary Lewin, the mans paralegal. "She ruled that speeding is speeding, it is an absolute liability offence, and that the stunt-driving law breaches the Charter because now you can go to jail." Though significant, the decision does not set a precedent. Fellow JPs are free to follow Waughs opinion or ignore it. However, two similar cases have already been appealed to a provincial judge, and as the legal arguments creep toward the countrys highest courts, the results may force the Ontario government to raise the checkered flag. "If youre using a highway as your own personal racetrack, thats criminal," Starkman says. "But if all youre doing is speeding, then you should be charged with speeding."

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JP rules - HTA172 violates the charter

by: PetitionGuy on

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Re: JP rules - HTA172 violates the charter

Yeah, we do... Noone knows about it though. Except www.ohta.ca frequent visitors apparently.

Squishy wrote:

:shock: We have a move over law?

Yeah, we do... Noone knows about it though. Except www.ohta.ca frequent visitors apparently.

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Re: JP rules - HTA172 violates the charter

Move Over law... Had it been enforced half as much as the stuff from 203, there wouldn't have been a (highly dubious) need for 203 in the first place.

Move Over law... Had it been enforced half as much as the stuff from 203, there wouldn't have been a (highly dubious) need for 203 in the first place.

What kind of a man would put a known criminal in charge of a major branch of government? Apart from, say, the average voter.
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Re: JP rules - HTA172 violates the charter

Which section is it? I only know of two - one is 'move right when overtaken', which doesn't really work because by the time you are being overtaken, you have already caused irregular traffic flow. The other is 'keep right when driving slower than the normal flow', which doesn't prevent you from driving side-by-side without passing anyone. In addition, if all lanes are going at the same speed, that sets the 'flow' and also prevents anyone from passing, thus rendering the first law useless. I don't know of a sweet and simple 'keep right except to pass' law.

Which section is it?

I only know of two - one is 'move right when overtaken', which doesn't really work because by the time you are being overtaken, you have already caused irregular traffic flow. The other is 'keep right when driving slower than the normal flow', which doesn't prevent you from driving side-by-side without passing anyone. In addition, if all lanes are going at the same speed, that sets the 'flow' and also prevents anyone from passing, thus rendering the first law useless.

I don't know of a sweet and simple 'keep right except to pass' law.

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Re: JP rules - HTA172 violates the charter

And even then, you'd have smartasses who'd "pass" doing 1km/h more than the guy to the right. Driving south of the border, I'd be about to pass 2 trucks when one would swing by in front of me and start passing the other one at a snail's pace. Usually those a-holes had those stickers saying "Without trucks America stops."

And even then, you'd have smartasses who'd "pass" doing 1km/h more than the guy to the right. Driving south of the border, I'd be about to pass 2 trucks when one would swing by in front of me and start passing the other one at a snail's pace. Usually those a-holes had those stickers saying "Without trucks America stops."

What kind of a man would put a known criminal in charge of a major branch of government? Apart from, say, the average voter.
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Re: JP rules - HTA172 violates the charter

That's still an improvement over what happens on our roads. At least they're passing each other, and aside from times of heavy traffic volume, it's just a matter of waiting them out. Here, there are cars squatted firmly in the middle and left lanes, doing 100 km/h (I know because I never close in on them and they never lose me :lol: ). There are also the jackrabbit drivers who will start to pass me at 110 km/h, then suddenly decide to match my speed for the next five kilometres. So there is no simple 'keep right except to pass' law? Who wrote this move over law? WHO?!

That's still an improvement over what happens on our roads. At least they're passing each other, and aside from times of heavy traffic volume, it's just a matter of waiting them out.

Here, there are cars squatted firmly in the middle and left lanes, doing 100 km/h (I know because I never close in on them and they never lose me :lol: ). There are also the jackrabbit drivers who will start to pass me at 110 km/h, then suddenly decide to match my speed for the next five kilometres.

So there is no simple 'keep right except to pass' law? Who wrote this move over law? WHO?!

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Re: JP rules - HTA172 violates the charter

Good point. So another driver has to make a couple of lane-changes to get around a couple of these inconsiderate f-words and all of a sudden he's a "street racer." What a way to treat the result instead of treating the cause.

Good point. So another driver has to make a couple of lane-changes to get around a couple of these inconsiderate f-words and all of a sudden he's a "street racer." What a way to treat the result instead of treating the cause.

What kind of a man would put a known criminal in charge of a major branch of government? Apart from, say, the average voter.
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Re: JP rules - HTA172 violates the charter

159.1 ( 1 ) and 159.1 ( 2 )

Squishy wrote:

Which section is it?

159.1 ( 1 ) and 159.1 ( 2 )

Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
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Re: JP rules - HTA172 violates the charter

OH! That move over law. I thought we had some obscure 'keep right' law that I didn't know about. Just today, there was an EMT Tahoe followed by a fire truck coming in the opposite direction from me. There was a concrete median and heavy traffic on my side, so I put on my four-ways but didn't stop (was watching for any indication that they would jump the median). Some guy in the opposite direction (same as the EMT) just stopped in the middle of the road, and for some reason poked the front of his car into the left lane. So there are cars pulled over all along the right lane, this car is in the middle lane, and the front of the car is partly blocking the left lane. :shock: :shock: :shock: It was as if he was purposefully blocking off those vehicles. Unbelievable. I was in Toronto, by the way. Orillia is still awesome. 8)

OH! That move over law. I thought we had some obscure 'keep right' law that I didn't know about.

Just today, there was an EMT Tahoe followed by a fire truck coming in the opposite direction from me. There was a concrete median and heavy traffic on my side, so I put on my four-ways but didn't stop (was watching for any indication that they would jump the median). Some guy in the opposite direction (same as the EMT) just stopped in the middle of the road, and for some reason poked the front of his car into the left lane. So there are cars pulled over all along the right lane, this car is in the middle lane, and the front of the car is partly blocking the left lane. :shock: :shock: :shock:

It was as if he was purposefully blocking off those vehicles. Unbelievable.

I was in Toronto, by the way. Orillia is still awesome. 8)

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Re: JP rules - HTA172 violates the charter

Toronto is just so dense that it only takes a couple of idiots to create a backup. That's where the law of averages kicks in and causes a huge mess all over the place, all day, every day.

Toronto is just so dense that it only takes a couple of idiots to create a backup. That's where the law of averages kicks in and causes a huge mess all over the place, all day, every day.

What kind of a man would put a known criminal in charge of a major branch of government? Apart from, say, the average voter.
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Re: JP rules - HTA172 violates the charter

What is this move right nonsense. Its so simple. If your on the 401 and there is a km of cars backed up behind you and all the road infront of you is wide open..... :idea: ding! you are the problem, move over, you are holding up the flow of traffic. The same goes for all those trucks in the middle. If every single vehicle behind you is going around you, then move over into the right lane that no one is probably in anyways! Squishy we could have it your way, no one would have to move right, the result would be no lane discipline at all. Can you imagine the autobahn and people dont have to move over? What a mess, there is a dangerous road for you, when people will justweave all over the place. The mistake these people make is they actually believe they will be successful at getting others to slow down, this is the OPP's job. You will not slow anyone down, they will just do whatever they can to get around you, which is often some thing such as passing on the right or some kind of other dangerous move. Where does all this confusion come from? I see it all the time. If your in the middle lane at 110 and the truck infront is at 105. Do not but infront of the people in the left lane going 130 and then decide to pass the truck at 107 .... Your gonna cause road rage and piss off everyone behind you.

What is this move right nonsense.

Its so simple.

If your on the 401 and there is a km of cars backed up behind you and all the road infront of you is wide open..... :idea:

ding! you are the problem, move over, you are holding up the flow of traffic.

The same goes for all those trucks in the middle.

If every single vehicle behind you is going around you, then move over into the right lane that no one is probably in anyways!

Squishy we could have it your way, no one would have to move right, the result would be no lane discipline at all.

Can you imagine the autobahn and people dont have to move over?

What a mess, there is a dangerous road for you, when people will justweave all over the place.

The mistake these people make is they actually believe they will be successful at getting others to slow down, this is the OPP's job.

You will not slow anyone down, they will just do whatever they can to get around you, which is often some thing such as passing on the right or some kind of other dangerous move.

Where does all this confusion come from?

I see it all the time.

If your in the middle lane at 110 and the truck infront is at 105.

Do not but infront of the people in the left lane going 130 and then decide to pass the truck at 107 ....

Your gonna cause road rage and piss off everyone behind you.

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Re: JP rules - HTA172 violates the charter

What exactly do you think 'my way' is?

tdrive2 wrote:

...

Squishy we could have it your way, no one would have to move right, the result would be no lane discipline at all.

...

What exactly do you think 'my way' is?

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Re: JP rules - HTA172 violates the charter

tdrive2: I think, based on his previous posts and conversations, Squishy probably keeps right more than anyone else on this forum.

tdrive2: I think, based on his previous posts and conversations, Squishy probably keeps right more than anyone else on this forum.

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Re: JP rules - HTA172 violates the charter

Sorry squishy i was not referring to that i was in a hurry and i was reading your posts about talking about even having a law like that in the first place and wether or not we should have one whatit should define, etc. I was just responding to why they're is so much confusion about moving to the right except to pass. I also believe we should prohibit Vehicles with trailers, buses, and people towing boats etc from using the left lane. Coach buses are the worst. I rethought my stance on those truck speed limiters as well. If the 105 limit indirectly forces trucks in the right lane this might not be such a bad thing. trucks cause alot of havoc with lane discipline when they park in the middle lane at 105-100 forcing everyone in the middle lane who wants to pass to get into the left lane. So we have a tailgating party in the left lane, slow trucks in the middle, and no body on the right hand side. Even cam wooley thinks we have terrible lane discipline! I also think if we had a limit of 115/125 or something like that trucks would not be exceeding the speed limit and would be if anything slower then the limit and in the right hand lane. I feel sorry for those people who like to do a normal speed in the middle lane like 115 and 120. But then they end up getting slowed by some truck going 105 with a half asleep driver paying no attention. So they go into the left lane and don't want to drive fast so everyone who was going 125-130 is now high beaming them and tailgating them. If the truck wasnt in the middle in the first place we wouldn't have this problem. This always happens on the 401, the 401 experiences a high volume of commercial truck traffic.

Sorry squishy i was not referring to that i was in a hurry and i was reading your posts about talking about even having a law like that in the first place and wether or not we should have one whatit should define, etc.

I was just responding to why they're is so much confusion about moving to the right except to pass.

I also believe we should prohibit Vehicles with trailers, buses, and people towing boats etc from using the left lane.

Coach buses are the worst.

I rethought my stance on those truck speed limiters as well.

If the 105 limit indirectly forces trucks in the right lane this might not be such a bad thing.

trucks cause alot of havoc with lane discipline when they park in the middle lane at 105-100 forcing everyone in the middle lane who wants to pass to get into the left lane.

So we have a tailgating party in the left lane, slow trucks in the middle, and no body on the right hand side.

Even cam wooley thinks we have terrible lane discipline!

I also think if we had a limit of 115/125 or something like that trucks would not be exceeding the speed limit and would be if anything slower then the limit and in the right hand lane.

I feel sorry for those people who like to do a normal speed in the middle lane like 115 and 120. But then they end up getting slowed by some truck going 105 with a half asleep driver paying no attention. So they go into the left lane and don't want to drive fast so everyone who was going 125-130 is now high beaming them and tailgating them.

If the truck wasnt in the middle in the first place we wouldn't have this problem.

This always happens on the 401, the 401 experiences a high volume of commercial truck traffic.

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Re: JP rules - HTA172 violates the charter

Ahhhh finally another person who sees Cause and Effect i have been saying this for so long. I believe for example most tailgating is the EFFECT of someone slowing them down. The CAUSE is blocking/plugging/or slowing traffic from a failure to move right. If only Julian Fantino could see this to. If people didn't drive 110 or 100 in the left lanes of a highway i believe we would have alot less tailgating and this so called lane weaving.

FiReSTaRT wrote:

Good point. So another driver has to make a couple of lane-changes to get around a couple of these inconsiderate f-words and all of a sudden he's a "street racer." What a way to treat the result instead of treating the cause.

Ahhhh finally another person who sees Cause and Effect i have been saying this for so long.

I believe for example most tailgating is the EFFECT of someone slowing them down.

The CAUSE is blocking/plugging/or slowing traffic from a failure to move right.

If only Julian Fantino could see this to.

If people didn't drive 110 or 100 in the left lanes of a highway i believe we would have alot less tailgating and this so called lane weaving.

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Re: JP rules - HTA172 violates the charter

The confusion with this whole 'keep right except to pass' thing is at least partly because, as far as I know, we have no straightforward law that says simply keep right except to pass. We have two separate laws that just barely hint at keeping right, one of which is based on a questionable interpretation of a law seemingly meant to allow cars to pass on the left on a two-lane highway (ss. 148 (2)). If 148 (2) was originally meant to apply to multi-lane highways as well, then I think there should be an additional exception that a vehicle does not have to move to the right if in the process of overtaking a third vehicle (otherwise one vehicle blowing by at 200 km/h would mean everyone else has to legally funnel into the right-hand lane). On reading the HTA, I don't think many people would interpret that subsection to mean "keep to the right if someone behind you is approaching faster than you are" unless they were specifically looking for a 'keep right' law. When I first read it, I interpreted it as 'keep to the right half of the roadway when being overtaken', as many of us in the boonies drive down the centre of the road when there is no opposing traffic. Basically, re-write 148 (2) to say something like 'keep to the right edge of the roadway unless in the process of overtaking another vehicle less than 50 m to the front', and add an exception for when a lane to the left must be used to stay on your street or to make an upcoming turn within 250 m. Then enforce the hell out of it, Fantino style.

The confusion with this whole 'keep right except to pass' thing is at least partly because, as far as I know, we have no straightforward law that says simply keep right except to pass. We have two separate laws that just barely hint at keeping right, one of which is based on a questionable interpretation of a law seemingly meant to allow cars to pass on the left on a two-lane highway (ss. 148 (2)). If 148 (2) was originally meant to apply to multi-lane highways as well, then I think there should be an additional exception that a vehicle does not have to move to the right if in the process of overtaking a third vehicle (otherwise one vehicle blowing by at 200 km/h would mean everyone else has to legally funnel into the right-hand lane). On reading the HTA, I don't think many people would interpret that subsection to mean "keep to the right if someone behind you is approaching faster than you are" unless they were specifically looking for a 'keep right' law. When I first read it, I interpreted it as 'keep to the right half of the roadway when being overtaken', as many of us in the boonies drive down the centre of the road when there is no opposing traffic.

Basically, re-write 148 (2) to say something like 'keep to the right edge of the roadway unless in the process of overtaking another vehicle less than 50 m to the front', and add an exception for when a lane to the left must be used to stay on your street or to make an upcoming turn within 250 m. Then enforce the hell out of it, Fantino style.

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