Are cops allowed to drive down the shoulders on the highways, even if slowly cruising looking for offences?
Law Enforcement - The Good, The Bad, The Ugly.....
- Thread starter Paul
- Start date
Are cops allowed to drive down the shoulders on the highways, even if slowly cruising looking for offences?
The police encourage people to call in wrong doing even while driving. Doesn't the wording of the law leave room for this?
Re: Ottawa police officer charged with stunt driving
yeah.....maybe in fantasyland
cops aren't robots....so they use their discretion....it's human nature and nothing anyone can do about it
fwiw....they've been judge jury and executioner long before HTA172.....but when the gov't actually writes it into law then we've got serious problems
yeah.....maybe in fantasyland
cops aren't robots....so they use their discretion....it's human nature and nothing anyone can do about it
fwiw....they've been judge jury and executioner long before HTA172.....but when the gov't actually writes it into law then we've got serious problems
I don't think so.
The stupid part is expecting that because one person is breaking the law, it's OK if the rest of us do too. Unless we have a legal obligation to call in every infration we witness that overrides the no cell phone rule?
Haven't seen the wording but I'd bet it would say something about using it only in emergencies. Even then, I can't imagine an emergency that would require the driver to keep driving.
I honestly don't know either. I just remember police campaigning for people to call in other drivers behavior even after this law was past which always seemed odd to me.
78.1
(1) No person shall drive a motor vehicle on a highway while holding or using a hand-held wireless communication device or other prescribed device that is capable of receiving or transmitting telephone communications, electronic data, mail or text messages. 2009, c. 4, s. 2.
(2) No person shall drive a motor vehicle on a highway while holding or using a hand-held electronic entertainment device or other prescribed device the primary use of which is unrelated to the safe operation of the motor vehicle. 2009, c. 4, s. 2.
Hands-free mode allowed
(3) Despite subsections (1) and (2), a person may drive a motor vehicle on a highway while using a device described in those subsections in hands-free mode. 2009, c. 4, s. 2.
Exceptions
(4) Subsection (1) does not apply to,
Hands-free mode allowed
(3) Despite subsections (1) and (2), a person may drive a motor vehicle on a highway while using a device described in those subsections in hands-free mode. 2009, c. 4, s. 2.
Exceptions
(4) Subsection (1) does not apply to,
(a) the driver of an ambulance, fire department vehicle or police department vehicle;
(b) any other prescribed person or class of persons;
(c) a person holding or using a device prescribed for the purpose of this subsection; or
(d) a person engaged in a prescribed activity or in prescribed conditions or circumstances. 2009, c. 4, s. 2.
(b) any other prescribed person or class of persons;
(c) a person holding or using a device prescribed for the purpose of this subsection; or
(d) a person engaged in a prescribed activity or in prescribed conditions or circumstances. 2009, c. 4, s. 2.
Same
(5) Subsection (1) does not apply in respect of the use of a device to contact ambulance, police or fire department emergency services. 2009, c. 4, s. 2.
Same
(6) Subsections (1) and (2) do not apply if all of the following conditions are met:
1. The motor vehicle is off the roadway or is lawfully parked on the roadway.
2. The motor vehicle is not in motion.
3. The motor vehicle is not impeding traffic. 2009, c. 4, s. 2.
2. The motor vehicle is not in motion.
3. The motor vehicle is not impeding traffic. 2009, c. 4, s. 2.
Regulations
(7) The Minister may make regulations,
(a) prescribing devices for the purpose of subsections (1) and (2);
(b) prescribing persons, classes of persons, devices, activities, conditions and circumstances for the purpose of subsection (4). 2009, c. 4, s. 2.
(b) prescribing persons, classes of persons, devices, activities, conditions and circumstances for the purpose of subsection (4). 2009, c. 4, s. 2.
Definition
(8 ) In this section,
“motor vehicle” includes a street car, motorized snow vehicle, farm tractor, self-propelled implement of husbandry and road-building machine. 2009, c. 4, s. 2.
OpenGambit
Banned
Re: Ottawa police officer charged with stunt driving
a ridiculous statement. legislatures and the common law have been reducing police discretion for centuries.
a ridiculous statement. legislatures and the common law have been reducing police discretion for centuries.
Re: Ottawa police officer charged with stunt driving
A lawyer throwing around the phrase... "a ridiculous statement".... made my day. :lmao:
A lawyer throwing around the phrase... "a ridiculous statement".... made my day. :lmao:
OpenGambit
Banned
Re: Ottawa police officer charged with stunt driving
I save stronger words for your asinine posts.
I save stronger words for your asinine posts.
Re: Ottawa police officer charged with stunt driving
Oh no... how will I continue in life.
Oh no... how will I continue in life.
Re: Ottawa police officer charged with stunt driving
These two statements seem contradictory to me.
These two statements seem contradictory to me.
OpenGambit
Banned
Re: Ottawa police officer charged with stunt driving
I don't see how it is, except that one is a statement of principle and one simply explaining that people have been working towards that principle as long as common law has existed.
I don't see how it is, except that one is a statement of principle and one simply explaining that people have been working towards that principle as long as common law has existed.
OpenGambit
Banned
Re: Ottawa police officer charged with stunt driving
by posting bad advice on the HTA forum i suppose.
by posting bad advice on the HTA forum i suppose.
Shaman
Well-known member
Re: Ottawa police officer charged with stunt driving
http://www.occupypolice.org/2012/03...es-the-secret-recording-of-his-home-invasion/
http://www.occupypolice.org/2012/03...es-the-secret-recording-of-his-home-invasion/
Re: Ottawa police officer charged with stunt driving
Nice catch.
http://ca.news.yahoo.com/ottawa-police-officer-charged-stunt-driving-231311016.html
(if posted in the wrong section,please move it to "Stunting")
Nice catch.
Re: Ottawa police officer charged with stunt driving
I have no issue with the cops charging him with fraud after doing a proper investigation. In that sense the world is unfolding as it should. My issue was with the online lynching in absence of any conclusive evidence.
I have no issue with the cops charging him with fraud after doing a proper investigation. In that sense the world is unfolding as it should. My issue was with the online lynching in absence of any conclusive evidence.
Re: Ottawa police officer charged with stunt driving
Oh please. You hypothesized everything short of an alien abduction in your pathetic attempt to defend him.
Oh please. You hypothesized everything short of an alien abduction in your pathetic attempt to defend him.
Re: Ottawa police officer charged with stunt driving
I'm not so sure, i think there was talk of aliens, we'll have to review it.
But thanks for bringing up the idea, because i couldn't think of any defense he didn't use.
Well actually, i did think of one, but it involved the unicorn that lives in the woods by the DVP.
I'm not so sure, i think there was talk of aliens, we'll have to review it.
But thanks for bringing up the idea, because i couldn't think of any defense he didn't use.
Well actually, i did think of one, but it involved the unicorn that lives in the woods by the DVP.
