PM the contact of this guy. Wouldn't mind having someone like that for the future.
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49 over code R advice
- Thread starter sauga_rider
- Start date
PM the contact of this guy. Wouldn't mind having someone like that for the future.
Lol ok there champ. Cops can and do give basic speeding for 50+ over the limit. They also regularly reduce those, just check this board. They can't arbitrarily hand out street racing whenever they want, there needs to be more than 1 vehicle and evidence of a race. Perhaps shutting up when you obviously don't comprehend the law is in order.
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Street racing law does not require 2+ cars to get a charge.
i think my brother's young age, clean record, and respectful attitude came into play with the officers decisions if i had to guess. not to mention that he was driving big bro's car. IMO officer realized lil bro was just young and dumb, and didn't want someone else to suffer for that. happened around 1 am i believe
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Well-known member
From ONTARIO REGULATION 455/07 RACES, CONTESTS AND STUNTS
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.
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Street Racing is defined as 50+ over. Stupid as it is that is what it is called and the penalties are rediculous. I have a couple of friends that are York Regional officers and they tell me they now longer have discression and they are now required to charge anyone with street racing if they are clocked at 50 over. If they don't the officers have been told they will be charged with "Deriliction of Duty."
..Tom
I've heard the exact opposite from the OPP Enforcement guys I know...they're not supposed to give "Racing" unless they have more than 1 vehicle involved, a single vehicle is always given Stunt Driving.
My housemate was also given basic speeding (Section 128 ) for 52 over. No reduction on speed. This was with Sault Police.
"Street racing" = "Stunt driving" under HTA 172. There is no difference.
Doubtful. The ONLY time Police have no discretion in Ontario is Domestic Occurrences, where R&PG exist to lay a charge.
OP's brother was respectful, young, likely honest with the officer in relation to the reason for the stop and the speed. He was driving someone elses vehicle and it was 1 am (close to shift change?).
They are personal friends. No reason for them to not tell me what they have been told.
..Tom
The cop always has the discretion to see a slightly smaller number on the radar instrument than it actually showed - unless there are multiple officers in the car (usually not the case for traffic enforcement) or they are in a multi-officer speed trap situation (which is usually only on main highways) or it's on video in the cop car. The cop always has the discretion to opt to not turn the cherries on in the first place, too.
What that particular cop's department probably doesn't have discretion with, is writing a plain speeding ticket for more than 50 over. If they see a big number on the radar, and for whatever reason they don't opt to reduce it at roadside, then they have to issue the stunt-driving charge.
I've never heard of a more-than-50-over plain speeding ticket since the stunt-driving law came into effect.
What that particular cop's department probably doesn't have discretion with, is writing a plain speeding ticket for more than 50 over. If they see a big number on the radar, and for whatever reason they don't opt to reduce it at roadside, then they have to issue the stunt-driving charge.
I've never heard of a more-than-50-over plain speeding ticket since the stunt-driving law came into effect.
It isn't because the law demands that they charge HTA 172 every time that they stop someone for doing 50+ Kmh over the limit but because it's a departmental directive, or even a specific commander's directive to do so. Police have discretion. Once they do charge someone under HTA 172, however, they lose discretion in how they will proceed because there are a whole bunch of places that the word "shall" (in other words "must") is used regarding what they do from that point on.
That was my take on things.. They had been told by their superiors that they could not reduce the charge if they caught someone going 50+.
..Tom
Having intimate knowledge, police are not permitted to reduce +50 Street racing charges. As for arbitrarily handing out street racing tickets - I suggest you get educated on the Sgt. Dennis Mahoney-Bruer case. Where there is one, then are at least 10 more. And no, only 1 vehicle is required to make the +50 charge.
Might I suggest you take a dose of your last sentence?
UPDATE
my brother beat the ticket today, no paralegal or lawyer.
my brother beat the ticket today, no paralegal or lawyer.
threw himself on the mercy of the court, "i'm a student, broke, didn't mean to do it" etc, plus a clean record.
Are you sure? I find this hard to believe. Are you sure it wasn't over a technicality (officer did not show?) or disclosure being ******?
Yea lol I'd have to see to believe....
Seeing these replies makes me think I interpreted what he said wrong. He did say that it didn't take long, so it's possible that the cop didn't show up, but hard for me to believe on such a big charge. I'll ask him for further details when I see him again, then report back. But to be clear, he did get off the charge completely.
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