Speeding after a reduction

chriss
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Speeding after a reduction

by: chriss on
Tue Oct 04, 2011 1:51 pm

I've been helping friends and family fight photo enforcement tickets in Winnipeg. The city of Winnipeg is increasing revenue by putting the speed limit signs at proper height (following the MUTCD) and then putting the reduction signs too high and/or too far off the road. Also, not one speed reduction is dual signed (on both sides of a divided road) even for speed reductions on roads of up to 5 lanes in each direction. Every other sign is dual signed except the speed. The problem I keep running into is that the Manitoba HTA does not have any sections or regulations that apply to placement of road signs. So far, the verdicts are consistent that the signs don't have to meet any standards because the standards are not legislative. Ontario regulation 615 is what Manitoba needs and I have been in a meeting with the law reform board to try and get a similar regulation passed in Manitoba. I have measured every speed reduction sign in Winnipeg and they range from 0.7-4.8m high. That's almost twice the Ontario regulations. They are also up to 11.0m off the road. The MUTCD guidelines is 2.0-3.0m high and the city of Winnipeg has claimed in writing that they follow the MUTCD. Winnipeg also doesn't use confirmation signs before enforcement after a reduction. I just had a friend who presented a case that the reduction sign (50) was higher then MUTCD and the higher speed (60) was at perfect height. The road was also a divided arterial truck route that lacked dual signing at the reduction. He got a photo radar ticket for 63 in a 50 right after this reduction. The judge was sympathetic, but stated that basically her hands were tied because we have no regulations controlling sign placement in Manitoba, but if we had some case law from a Canadian jurisdiction that she could base her decision on, she might rule otherwise. Does anybody know of any cases that would help as case law to use in the appeal for this case? I'm thinking Ontario is the best place to look because of reg 615. So far, I haven't found anything on CanLii and it seems that sign placement is very rarely challenged in court. If anyone is interested in reading out the particular speed reduction that I have referenced above, Google "speed signs too high Winnipeg". The news story is from Feb, and the city still has not moved the sign while it continues to be the 2nd top speed camera in Winnipeg.
Thanks for any help,
Chris


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