Ontario (Canada) Highway Traffic Act.. read so you dont lose your car

[sigma_1966]

Heres a local story of a guy who was busted for driving 210 KM (130 MPH) in an 80 KM (50MPH)

http://www.citynews.ca/news/news_36354.aspx

I brought up the actual act (at bottom) to see the definitions under it and found some big surprises.

First Here's a list of what the laws against street racing and stunt driving include:

The minimum fine is $2,000 while the maximum is $10,000 after a conviction, the highest penalty in Canada.

Police can issue an immediate seven-day driver's licence suspension and seven-day vehicle impoundment for street racing, participating in a driving contest or stunt driving.

Courts can impose a driver licence 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 licence 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.

Heres the Act

Highway Traffic Act

ONTARIO REGULATION 455/07

RACES, CONTESTS AND STUNTS

Consolidation Period: From May 1, 2009 to the e-Laws currency date.

Last amendment: O. Reg. 175/09.

This is the English version of a bilingual regulation.

1. Revoked: O. Reg. 406/08, s. 1.

Definition, “race” and “contest”

2. (1) For the purposes of section 172 of the Act, “race” and “contest” include any activity where one or more persons engage in any of the following driving behaviours:

1. Driving two or more motor vehicles at a rate of speed that is a marked departure from the lawful rate of speed and in a manner that indicates the drivers of the motor vehicles are engaged in a competition.

2. Driving a motor vehicle in a manner that indicates an intention to chase another motor vehicle.

3. Driving a motor vehicle without due care and attention, without reasonable consideration for other persons using the highway or in a manner that may endanger any person by,

i. driving a motor vehicle at a rate of speed that is a marked departure from the lawful rate of speed,

ii. outdistancing or attempting to outdistance one or more other motor vehicles while driving at a rate of speed that is a marked departure from the lawful rate of speed, or

iii. repeatedly changing lanes in close proximity to other vehicles so as to advance through the ordinary flow of traffic while driving at a rate of speed that is a marked departure from the lawful rate of speed. O. Reg. 455/07, s. 2 (1).

(2) In this section,

“marked departure from the lawful rate of speed” means a rate of speed that may limit the ability of a driver of a motor vehicle to prudently adjust to changing circumstances on the highway. O. Reg. 455/07, s. 2 (2).

Definition, “stunt”

3. For the purposes of section 172 of the Act, “stunt” includes any activity where one or more persons engage in any of the following driving behaviours:

1. Driving a motor vehicle in a manner that indicates an intention to lift some or all of its tires from the surface of the highway, including driving a motorcycle with only one wheel in contact with the ground, but not including the use of lift axles on commercial motor vehicles.

2. Driving a motor vehicle in a manner that indicates an intention to cause some or all of its tires to lose traction with the surface of the highway while turning.

3. Driving a motor vehicle in a manner that indicates an intention to spin it or cause it to circle, without maintaining control over it.

4. Driving two or more motor vehicles side by side or in proximity to each other, where one of the motor vehicles occupies a lane of traffic or other portion of the highway intended for use by oncoming traffic for a period of time that is longer than is reasonably required to pass another motor vehicle.

5. Driving a motor vehicle with a person in the trunk of the motor vehicle.

6. Driving a motor vehicle while the driver is not sitting in the driver’s seat.

7. Driving a motor vehicle at a rate of speed that is 50 kilometres per hour or more over the speed limit.

8. Driving a motor vehicle without due care and attention, without reasonable consideration for other persons using the highway or in a manner that may endanger any person by,

i. driving a motor vehicle in a manner that indicates an intention to prevent another vehicle from passing,

ii. stopping or slowing down a motor vehicle in a manner that indicates the driver’s sole intention in stopping or slowing down is to interfere with the movement of another vehicle by cutting off its passage on the highway or to cause another vehicle to stop or slow down in circumstances where the other vehicle would not ordinarily do so,

iii. driving a motor vehicle in a manner that indicates an intention to drive, without justification, as close as possible to another vehicle, pedestrian or fixed object on or near the highway, or

iv. making a left turn where,

(A) the driver is stopped at an intersection controlled by a traffic control signal system in response to a circular red indication;

(B) at least one vehicle facing the opposite direction is similarly stopped in response to a circular red indication; and

(C) the driver executes the left turn immediately before or after the system shows only a circular green indication in both directions and in a manner that indicates an intention to complete or attempt to complete the left turn before the vehicle facing the opposite direction is able to proceed straight through the intersection in response to the circular green indication facing that vehicle. O. Reg. 455/07, s. 3.

Exceptions

4. (1) Despite section 2, “race” and “contest” do not include,

(a) a rally, navigational rally or similar event that is conducted,

(i) under the supervision of the Canadian Association of Rally Sport,

(ii) under the supervision of a club or association approved in writing by the Ministry, or

(iii) with the written approval of the road authority or road authorities having jurisdiction over the highway or highways used;

(b) motor vehicle owners engaged in a tour, scenic drive, treasure hunt or other similar motoring event in which the participants drive responsibly and in a manner that indicates an overall intention to comply with the provisions of the Act; or

(c) an event held on a closed course with the written approval of the road authority having jurisdiction over the highway, including any event lawfully using any of the trademarks “CART”, “Formula One”, “Indy”, “IndyCar”, “IRL” or “NASCAR”. O. Reg. 455/07, s. 4 (1).

(2) Despite sections 2 and 3, “race”, “contest” and “stunt” do not include any activity required for the lawful operation of motor vehicles described in subsections 62 (15.1) or 128 (13) of the Act, or the lawful operation of an emergency vehicle as defined in subsection 144 (1) of the Act. O. Reg. 455/07, s. 4 (2).

5. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 455/07, s. 5.

[Ammo7]

WOW harsh,

[Spiv]

Ontario has the harshest laws on it, and for good reason. You wanna race, take it to a track.

They're pushing for automatic Dangerous Driving with it as well (Criminal charge now, and not just provincial) because of the danger to life (and before anyone says it's only the drivers, a high percentage of mortalities in relation to street racing are anyone but).

[SoloSK71]

Originally Posted by Ammo7

WOW harsh,

Just as it should be.

- SK

[CanadianCamaro]

I agree. Take it to the track. BUT, while I certainly don't condone breaking the law, I am one that believes there s/b more focus on aggressive driving and actual racing and less focus on the speed. Or better yet, excessive speed should vary depending on the zone etc. For example, do 125 on the 401 and the cops pretty much ignore you because (outside of rush hour) anything less than 120 and you're actually a danger to the other traffic. But do 75 in a 50 zone and you're talking a different ballgame. So consider that 50km over on the 407 is fast, ok I'll even say too fast. But 50 km over in a 50 zone is REDICULOUS and DANGEROUS. It's time for the police to stop blindly applying excessively harsh rules like this act and crack-down on the real problems.
Even on my short little residential street we get people (hate to say it but largely young punks in ricers) ripping up the street at what must be 80kph. Once I was outside when this ricer went ripping by and I was so mad I ran out to the road and trew my arms up in disgust. What did the guy do? Slams on his brakes, backs up to my driveway and told me to go f' myself. When I tried to explain that children played on this street he threatened me. I then told him my father was a cop (actually he quit the force about 20 years ago) walked around to the front of his car and wrote-down his plate. He took off but looked a bit worried.
The problem is that even if someone is brave enough (or stupid enough like me) to stand up to the problem people, the next thing you know your house gets egged or something.
Don't get me wrong. There are a lot of reasonable and rational thinking cops out there (yes, even those on traffic duty). But the act is so restrictive that it creates a problem in application.

Arrggh! (end rant)

[CanadianCamaro]

OK now that I've had my rant, here's my post where I point out the flaws in the act. More for a fun read then anything else. I'll focus on the definition of a "stunt":

3. For the purposes of section 172 of the Act, “stunt” includes any activity where one or more persons engage in any of the following driving behaviours:

1. Driving a motor vehicle in a manner that indicates an intention to lift some or all of its tires from the surface of the highway, including driving a motorcycle with only one wheel in contact with the ground, but not including the use of lift axles on commercial motor vehicles. I once jumped my Avalanche. Fun, but scarry. I'll agree w/ this one - but had to laugh at the lift axel part

2. Driving a motor vehicle in a manner that indicates an intention to cause some or all of its tires to lose traction with the surface of the highway while turning. How the heck do they prove intention? I was accelerating WITHIN the speed limit (law doesn't limit how quickly we can accelerate up to the speed limit) and my tires lost grip. Didn't mean for that to happen. The must hand out a lot of these tickets in the winter eh?

3. Driving a motor vehicle in a manner that indicates an intention to spin it or cause it to circle, without maintaining control over it. Again, winter ticket volume must be huge (or at least it s/b). Also again, how do you prove "control". When we get snow storms I go out and do slides and doughnuts with my truck. Why? 1 b/c it's fun and 2 b/c it teaches the driver how the vehicle behaves when in a slide, how to regain control, maintain control while spinning/sliding etc. This is something my Dad forced me to do and I even get my wife to do it. If you don't know how the vehicle you drive will react to steering/throttle input when in a slide b/c you've never tried it in a controled environment, how the hell are you going to know what to do when it happens for real, on the highway!? Of course I always do this in empty parking lots (which is probably illegal b/c of private property but anyway).

4. Driving two or more motor vehicles side by side or in proximity to each other, where one of the motor vehicles occupies a lane of traffic or other portion of the highway intended for use by oncoming traffic for a period of time that is longer than is reasonably required to pass another motor vehicle.
Ahh... playing chicken. Yep, that's stupid and dangerous. Agreed. Crush both their cars.

5. Driving a motor vehicle with a person in the trunk of the motor vehicle. Ahhh the good ol' days. I guess no more sneaking extra people into the drive-in. j/k

6. Driving a motor vehicle while the driver is not sitting in the driver’s seat. Other than the ice road truckers who set the cruise control and step out on the deck to take a leak, I'm struggling to figure out how this one works. So I agree... I guess

7. Driving a motor vehicle at a rate of speed that is 50 kilometres per hour or more over the speed limit. EVERYWHERE???? Grrrrrrr, See previous rant

8. Driving a motor vehicle without due care and attention, without reasonable consideration for other persons using the highway or in a manner that may endanger any person by,

i. driving a motor vehicle in a manner that indicates an intention to prevent another vehicle from passing, Agreed - there's a reason blocking isn't permitted even on the track

ii. stopping or slowing down a motor vehicle in a manner that indicates the driver’s sole intention in stopping or slowing down is to interfere with the movement of another vehicle by cutting off its passage on the highway or to cause another vehicle to stop or slow down in circumstances where the other vehicle would not ordinarily do so, Agreed, for the most part. This is where 90% of the rear-enders come from. "oh, look at that!" *slams brakes for no reason* *crunch*

iii. driving a motor vehicle in a manner that indicates an intention to drive, without justification, as close as possible to another vehicle, pedestrian or fixed object on or near the highway, or Understand the point, not sure how you police this. Oh, maybe this is where I put my 5' high bumper right in the review mirror of the idiot doing 90kph in the left lane on the highway to make him realize he's an idoit. I kid I kid.

iv. making a left turn where,

(A) the driver is stopped at an intersection controlled by a traffic control signal system in response to a circular red indication; Absolutely agree

(B) at least one vehicle facing the opposite direction is similarly stopped in response to a circular red indication; and Don't understand this one

(C) the driver executes the left turn immediately before or after the system shows only a circular green indication in both directions and in a manner that indicates an intention to complete or attempt to complete the left turn before the vehicle facing the opposite direction is able to proceed straight through the intersection in response to the circular green indication facing that vehicle. Making your own advance green. Never done it before. Seen it done. Dangerous, stupid, agreed





So, I guess in one way or another, we're all stunt drivers then. Who knew!?!

[SleepWarz]

They need to add blatant stupidity to that list of 'Racing, contests and Stunts'

Because STUPID drivers cause alot more crap than stunt drivers.

[Spiv]

People only do things GOOD that they actually LIKE to do.
You play hockey, because, you're good at it. You cook, because you're good at it.
How can driving be any different? The difference is that most people see it as a necessity (I really don't think it is, carpooling, innner city transportation are all good options and actuallly save you money)

Most people would say I like driving, but really, they wouldn't spend the time to care for or buy a car like our beauties. Or take it out to show other car-nation-people.

So where I agree that you could call them stupid drivers. I think most of them aren't, they just don't like driving and therefore are inconsiderate and lazy when it comes to driving. They never take that late night to get to know their car so when a situation arises they know how to survive it and help other drivers survive by not doing something stupid.

What they need to do is fix our testing (at least in Ontario) for getting a licence. Only then would you see mostly people who enjoy and took the time to really get to know driving, testing for a licence and succeeding (I also disagree with people who say driving is a right).

[bobby35ny]

NYC has the same thing, get caught racing the car is GONE!!

-bobby

[DGthe3]

CanadianCamaro, I believe the key word in some of those that you are confused about is "intention", if you acidentially slid your car in the winter due to conditions they can't really say you were trying to. But if you hang the tail out when going around a turn in perfectly dry conditions ... well you don't have much of a defense. Overall, the only thing that I think should be changed is the 50km/h over = racing. I'd simply redefine it to 50% over the limit. 75 in a 50 would be treated the same as 120 in an 80 or 150 in a 100

[bumblebee rules]

It would depend on the situation ... and the lawyer IMO .......... I do agree that the drivers test is a JOKE ... This is where the changes should be made .. again JMO :-)