The CBC ran an interesting story awhile back about a Dutch traffic engineer‘s provocative strategy for road safety that may be a radical solution for protecting pedestrians on Toronto’s accident-prone streets. The main idea: take away all the road signs. The strategy, which has been pushed forward by some cities in The Netherlands, has seen significant drops in accidents, mishaps and pedestrian injuries.

Dutch traffic engineer Hans Monderman argues that crossings, signs and red lights are “all wrong” and that the “naked streets” are far safer for pedestrians as it forces drivers to be more aware of their surroundings when there are no other indicators.

“We removed anything referring to the traffic, made it just a square and please find your own way. This is the middle of the city. This is social space, and in social space we don’t want to interfere as government,” he said.

The “no-rules” areas can already be found in The Netherlands and even in bustling London. Being in a clear open area with no signs scares drivers into slowing down, experts say.

“We have to find a way to convince our politicians that avoidance of risk is not the right strategy. We have to try to manage risk with a certain amount of it in our designs.”

The areas that have implemented the naked streets strategy have seen a 60% drop in accidents involving pedestrians. This strikingly libertarian idea is sure to raise a few eyebrows and will certainly alter the traffic enforcement strategies of local officials. Be sure to come to Legal Action’s blog for more developments on the “naked streets”.

As any driver will tell you, drivers who talk extensively on their cell phones while behind the wheel can be a terrible annoyance, and in some cases, incredibly dangerous. As cell phone use becomes more integrated in everyday life, the calls for banning cell phone use while driving have been increasing in frequency and fervor, leading to strict new laws in countries and states all across the world.

But Ontario will not follow suit, as Premier Dalton McGuinty announced in November 2007, promising not to enact any ban, though conceding that talking on a cell phone while driving, among other distracting activities, can be dangerous, City News reports. Knowing where to draw the line between cell phones and other distractions in contemplating such a ban is the primary difficulty in enacting such a law, according to McGuinty.

In Ontario, there have been several recent efforts to impose a ban on cell phone use while driving, including the proposal of Liberal MPP Kevin Flynn of Oakville who sought to implement a cell phone ban that would specifically target new and young drivers. These efforts never fully passed through legislature.

McGuinty’s resistance to imposing such a law contrasts recent legislation introduced in Quebec and Newfoundland, where cell phone use on the road has been banned in an attempt to curb careless driving.

While there won’t be any new laws to deter motorists from talking on their phones while driving in Ontario, there are still several safety considerations they should take before heading out on the road, as suggested by Transport Canada.

• Turn the phone off before you start driving. Let callers leave a message.
• If there are passengers in the vehicle, let one of them take or make the call. If you’re expecting an important call, let someone else drive.
• If you have to make or receive a call, look for a safe opportunity to pull over and park.

What if you can’t avoid using it? Read the rest of this entry »

Amid the controversy and discussion surrounding the recent enactment of Bill 203 and its harsh measures against street racing (i.e. Driving 50 km over the speed limit), its useful to have a breakdown of the new legislation’s goals and future targets. The following information is from Ontario’s Ministry of Transportation’s website:

Street Racers and Aggressive Drivers – Effective September 30, 2007

The legislation includes tough measures for those who choose to race on Ontario’s roads, including higher fines and longer suspensions:

• The maximum fine increases from $1,000 to $10,000 upon conviction for street racing, making it the highest penalty in Canada. The minimum fine increases from $200 to $2,000.
• Police can issue an immediate seven-day driver’s license suspension and seven-day vehicle impoundment for street racing, participating in a driving contest or stunt driving.
• Courts can impose a driver license suspension of up to 10 years for a second conviction, if the second conviction occurs within 10 years of the first. For a first conviction, the maximum license suspension period remains at 2 years.
• The definition of a “driving stunt” includes driving a motor vehicle at 50 km/h or more above the posted speed limit.
• The Act also bans driving a motor vehicle on a highway with a connected nitrous oxide system. Some street racers use nitrous oxide to enhance the acceleration capabilities of their vehicles.

Flashing Lights – Effective September 30, 2007

• Police services can now use flashing blue lights in combination with flashing red lights on their vehicles. The combination of flashing blue and red lights will help increase visibility and public recognition of police vehicles, especially at night.
• Flashing red lights can now be used on vehicles designated by regulation, such as:
  • Ministry of Revenue vehicles operated by provincial offences officers;
  • Aviation and forest fire management vehicles operated by an officer while responding to a fire or other emergency;
  • Emergency response vehicles designated by the Ministry of Health and Long-Term Care under the Ambulance Act.
• Flashing green lights can now be used by designated volunteer medical responders in addition to firefighters while responding to an emergency in their personal vehicles.

Drinking and Driving – Planned For Late 2008

• Create escalating administrative sanctions for repeat drivers who drink measuring 0.05 to 0.08 blood alcohol concentration (the “warn” range):
  • First instance: driver suspended for three days
  • Second instance: driver suspended for seven days and must undergo remedial measures course
  • Third or subsequent instance: driver suspended for 30 days, must undergo remedial measures course and have ignition interlock condition on their license for six months.
• Measures to increase installation of ignition interlock devices by convicted offenders.
• Allowing the use of the civil forfeiture law to take vehicles away from people who continue to drink and drive.

At Legal Action, we know that ignorance is no defense and getting the right information to our clients is our top priority. For all the details concerning new laws, stories and announcements effecting your time on the road, stay tuned to Legal Action’s Blog. Get the facts and get Legal Action today.

Ontario’s controversial new street racing law, put into effect late last year, has nabbed over 120 drivers over the course of the Easter weekend, according to the Toronto Star. The new law punishes drivers traveling 50 km over the marked speed limit with an immediate suspension of their license for 7 days along with the seizure of their vehicle and fines reaching over $2000.

The aggressive campaign, originally intended to deter dangerous street racing on Ontario’s roads, has proven to be quite lucrative since its inception last fall, netting over 10 million in fines in its first month. While its intention was to halt street racing, many of the charged individuals don’t exactly fit the typical profile.In January the Toronto Star reported that police had charged an 85 year-old motorist who was going 161 km/h on Highway 407, 61 km over the limit, north of Toronto.

The man, who was apparently speeding to get to the bank, had lost his vehicle and license for a week and is facing a fine for at least $2000, police say. Even though there were no other vehicles involved in the incident, the man is still being charged under the harsh new measures meant to curb street racing and aggressive driving.

This latest incident tops the campaign’s ‘shock and awe’ intensions, which has charged over 2,300 drivers in its first three months. While this man is the oldest individual to face the new charges, there have been two 75 year-olds busted in separate incidents. While the average age (and typical profile) for street racers and aggressive drivers are men between 20 and 30, the vigorous crackdown is catching drivers of all ages, the youngest being a 16 year old girl.

This latest incident demonstrates just how aggressive the new campaign is and also how loose the definition of ‘street racing’ has become in Ontario. The labels of street racing are no longer strictly applied to youths in supped up muscle cars, as anyone is at risk of excessive speeding, even if they are not racing other drivers.

At Legal Action, we want to get past the hype and the headlines to better understand the situations facing motorists in Ontario and to give them the best in fair legal representation. Don’t get caught off guard. Know your rights and know the consequences of aggressive driving. Get the facts and get Legal Action.

Last year, following a string of tragic incidents on Ontario’s roads, the province enacted a strict new law in October to curb street racing, constituting driving 50 km/h over the speed limit as street racing. At the officer’s discretion, the new law hits speeders with vehicle impoundments, immediate license suspension and hefty fines ($10, 000 plus) without a trail. The new law proved to be a financial windfall for Ontario in its first month alone, netting at least $2 million in fines.

The new law of course has proven controversial for its strictness and Tim Chisholm has written the polemical opinion piece “A Hard look at the ‘street racing’ law”, deriding the measures as being driven by knee-jerk reactions from provincial officials and in violation of Canada’s Charter of Rights.

Chisholm charts the development of Bill 203 from its inception as a proposal in 2006, prominently forged by Newmarket MP and former Minister of Transportation Frank Klees, with its focus on banning the use of nitrous systems on the streets. While Chisholm agreed with this aspect of the early proposal, he argues that the reliance on the officer’s discretion could wrongfully target car enthusiasts for merely modifying their vehicles.

“I had an argument over the phone with Klees in the spring of 2006 when a `safer roads’ bill was initially proposed. My argument was simple: the new law could sink a car enthusiast who is doing nothing wrong, other than simply driving his or her modified car.

It’s because the bill negatively profiles the modified car enthusiast and gives the officer full discretion, with no due process for the accused. Pretty simple, a copper having a bad day can screw a car enthusiast simply because he chooses to. When I suggested that this will happen often if 203 becomes law, Klees told me he `could live with that.’

While Bill 203 was initially shot down, the tragic deaths of Rob and Lisa Manchester of Newmarket in May 2006 brought the measures back into discussion, as the accident they were involved in was blamed on two other drivers who were accused of street racing, apparently traveling at 150 km/h in an 80 km zone.

Over the course of a year, after some more well publicized speeding fatalities, (again blamed on ‘street racing’) and public calls to action from Stephen Harper, Dalton McGuinty and OPP Commissioner Julian Fantino finally saw Bill 203 reach the forefront of public discussion.

Read the rest of this entry »

As recently reported by The National Post, Quebec is considering the creation of a law that would make getting winter tires on your car mandatory. Transport Minister Julie Boulet has said she is considering the new law, which was put forward by the province’s opposition party Parti Quebecois. While 90 percent of Quebec’s drivers already have snow tires for their cars, it is estimated that 500,000 cars are still using all-season tires, according to Transport Quebec.

If the law is enacted, Quebec will become the first province to enforce winter tires, and will see Canada join the ranks of Sweden and Finland who enforce the law on a national level. While some areas of mountainous B.C. have winter tire laws, they are not regulated by the province itself.

While winter tires save drivers time and money, and outperform all-season tires in temperatures lower than -15 degrees Celsius, the Canadian Automobile Association (CAA) has not expressed total enthusiasm about the prospect of the new law citing that drivers may leave their winter tires on all year.

Jordan W. Charness, a lawyer who writes for Canadiandriver.com, had also expressed doubts about such laws in his opinion piece. While he acknowledges that winter tires are clearly safer than all-season tires for driving in snow, he doesn’t believe they should be mandatory, stating that the reduction of accidents would not be significant and that routine driving in urban areas doesn’t require the full use of winter tires as say driving far into the country would. To briefly summarize Mr. Charness, a law making winter tires mandatory would be difficult or redundant for the following reasons:

• Winter tires can be very expensive and cheaper brands may not be that much of an improvement over all-season tires.
• Such a law would need extensive resources for police to administer verification that the tires are installed.
• Most accidents are caused by bad driving, not bad tires.
• Road safety in the winter is more dependent on the clearing of roads after heavy snowfall than it is on tire traction.
• If winter tires are made mandatory, the law would also have to prevent tire companies from marking products as “winter” while their treads may not be that different from all-season makes.

As traffic law experts, we here at Legal Action are keenly interested in seeing how this new law plays out and if it will inspire Ontario’s politicians to follow suit. You can be sure that we will be following these stories closely.

The Toronto Star has reported that the OPP, led by Commissioner Julian Fantino, is calling for revisions to the Highway Traffic Act that would allow officers to charge drivers for getting into accidents during heavy rain and snow falls.

“Too many drivers still don’t adjust their driving habits for the wide range of weather conditions that we experience in Ontario,” Fantino said.

The call for harsher laws comes just a few weeks after Toronto, and much of Ontario was walloped by a massive winter storm, causing hundreds of collisions and accidents across the province. OPP officials believe that the new laws will force drivers to slow down in poor conditions and will have to explain themselves to police when getting into an accident.

Similar laws have been put in place in New York State, where drivers can be charged for not altering their driving habits to conform to altered road conditions like slippery roads and poor visibility.

“New York State Police Sgt. Timothy Morris has been seeing the effect for years. Much of his time on the force has been spent patrolling slippery highways. He said the law deals specifically with unsafe speed not befitting the road conditions. It’s a law he’s enforced a handful of times.

“It depends on each trooper, and it’s up to them if it is necessary,” he said. “It can include weather conditions or just general road layout.”

While the specifics of the OPP’s proposals have not yet been fully realized, they are hinting that the new charges would carry the same severity as tailgating or illegal lane changes, but less than careless driving.

At Legal Action, as experts in traffic violations, we are taking the OPP’s call very seriously. It will alter the Highway Traffic Act if implemented and bring about a slew of laws and possible charges to Ontario motorists. Be sure to come to Legal Action’s blog for the latest developments regarding these proposals and any other changes to the province’s traffic laws.

Drive safe!

According to The Toronto Star, the new annual ‘Family Day’ holiday, set for February 18th by the re-elected Liberal government, may help those with minor traffic offenses bypass their court appearances set for that day.

“McGuinty hastily decreed the new holiday with an order-in-council signed by cabinet on Oct. 11, the day after his Liberals were re-elected. It was proclaimed into law Dec. 19.

Despite the change, trial notices have already been sent out, meaning hundreds of people charged with offences are being summonsed to court on Feb. 18”.

As courthouses across the province will be closed for the statutory holiday, those who are facing February 18^th court dates may be presented with an opportunity to miss their trials, as changing dates for so many cases is, as paralegal Brian Lawrie states, “legally and logistically difficult”.

“Brendan Crawley, a spokesperson for the Ministry of the Attorney General, confirmed that the courts in all 54 Ontario jurisdictions would be closed for the new holiday.

Advised that there could be a loophole to be exploited, Crawley said: `I couldn’t comment on what individual litigants may or may not do’.”

For the most current and up-to-date information regarding Ontario’s courts and traffic law, keep coming to the Legal Action blog, as we cover all the stories, incidents and reports that may effect your driving record and your place on the road.

If you have any questions regarding a traffic offense you have incurred, contact us and we’ll be your legal guide in Ontario’s legal jungle.