New Stunting Penalties + E-Bike regulations incoming(?) | Page 2 | GTAMotorcycle.com

New Stunting Penalties + E-Bike regulations incoming(?)

I spend a lot of time on the road for work (hence why it's a pet issue for me), and respectfully I disagree that speeding in and of itself is a major issue. There's lots of situations where speeding is definitely a factor, especially on busy highways, but that's as much about the abrupt lane changes as it is about the speed itself. I think tailgating is a much larger problem, personally, especially when combined with distracted driving. How often do you see a 7 or 8 car pileup because somebody slammed on the brakes? Far more often than we should...

Don't get me wrong, I'm not advocating speeding as excusable in most circumstances, especially in certain contexts like residential neighbourhoods. But my point is that by getting more and more heavy handed, you end up hammering otherwise safe drivers as part of a crackdown that has a negligible effect on true road safety beyond satisfying a petty urge to punish those that irritate us. This is especially true as speed limits are lowered across the province to parking lot speeds in many areas. Weirdly, I have yet to hear about carnage on the QEW between Hamilton and St Catharines where they raised the limit to 110...


There's plenty of other examples, and it's all well and good to assume the legal system will smile nicely on your good reasons until it doesn't.

Case in point:

A buddy got charged with drunk driving in BC while driving home the morning after a Whitecaps game. BC has a similar roadside system for DUI, with no easy system for appeal. You blow over, you're done driving for 90 days and your vehicle is impounded immediately. Forget court. This is doubly complicated because they have a two-tier system with one punishment of a BAC of 0.05 and another for 0.08 and greater. He blew 0.09, so full meal deal.

Fortunately for him, he was well off enough to pay a lawyer a lot of money to fight his case, which initially got a total stonewall from the appeals and arbitration system. As he 100% knew he was fully sober (wasn't particularly drunk the night before and slept 8+ hours in his office to be extra safe), he was willing to go to the wall to fight, and so kept paying the lawyer. Eventually, out of pure luck, someone noticed that the breathalyser calibration sheets were all identical except for the serial number written in for each unit. Turns out the cops were calibrating one unit with the serial number blank, photocopying that sheet, then writing in the serial number in for each uncalibrated unit.

So after three months with a suspended license, thousands in mandatory impound fees, and a mountain of legal bills, the arbitrator quietly cancels his ticket and tells them to go away. He got the money for his ticket back, but no refund on the impound fees and zero compensation for the legal bills. If he was some delivery driver making a lower wage, dependant on his job to feed his family, it would have been a much different outcome, as the money wouldn't have been there to pay the lawyer and nobody would have been the wiser. A number of other folks had their 'convictions' thrown out, which must have been a pleasant surprise for them...

Here's a news story covering the incident:

Drunk driving cases tossed due to bad paperwork

(Much to my buddy's chagrin, the tone is that a bunch of dangerous criminals got off scott-free on a technicality, rather than the true story of police potentially ruining lives through a combination of laziness and lack of due care. The chiefs quote about wanting to keep cops on the street rather than wasting time with paperwork was particularly galling, as it implies that police officers judgement alone is enough to determine guilt or innocence.)

My long-winded point is that leaving guilt to be determined roadside creates a situation where the onus is on the defendant to prove innocence rather than the crown to prove otherwise. By combining these 'efficient' conviction systems with brutal penalties leaves a lot of room for people to have their lives turned upside down for anything ranging between a brief moment of inattention to full-blown evidence manufacturing. As @GreyGhost has pointed out, there are multiple examples of police getting these charges very, very wrong.


Were I (God forbid) convicted for this, I'd happily pay for whatever gear is required to keep my job. What I would lose for not being able to drive would far outweigh any costs here. If they can do it for DUI, they must be able to find a solution here...


Sweden and Switzerland both calculate fines based on a combination of speed and net worth of the speeder. This has led to fines in excess of $1M in some cases. As Canada is so terrible at figuring out how much people actually earn for tax purposes (read: the CRA doesn't really want to), you'd still have plenty of wealthy folks paying minimum wage fines, but I'm personally fine with those who make more paying more.
Did you friend not go to court to recover is fees?
 
Did you friend not go to court to recover is fees?
No, though I'm not 100% certain as to why. My vague memory is they would have had to sue the VPD directly, who were going to fight it tooth and nail to avoid setting a precedent as well as opening a can of worms about other convictions being tossed. He was already in for close to $30k, and it would've taken a lot more than that in a legal system already protective of the police. I seem to recall his lawyer was reluctant to go down that path...
 
What is the difference between stunting and 50km over. Can you be charged for both?
What legal recourse does one have or should take - traffic lawyer to represent?
 
No, though I'm not 100% certain as to why. My vague memory is they would have had to sue the VPD directly, who were going to fight it tooth and nail to avoid setting a precedent as well as opening a can of worms about other convictions being tossed. He was already in for close to $30k, and it would've taken a lot more than that in a legal system already protective of the police. I seem to recall his lawyer was reluctant to go down that path...
Boggle.
 
What is the difference between stunting and 50km over. Can you be charged for both?
What legal recourse does one have or should take - traffic lawyer to represent?
stunting - wheelie, stoppie, sliding, standing on pegs, etc.
50km/ over - self explanatory

same HTA violation, same charges.

uh yeah, get a good lawyer, this will bury your driving record.
 
stunting - wheelie, stoppie, sliding, standing on pegs, etc.
50km/ over - self explanatory

same HTA violation, same charges.

uh yeah, get a good lawyer, this will bury your driving record.

Is riding while standing on the pegs considered a stunting charge???? Jesus... I constantly do that in traffic to see ahead.... F***!!!!!
 
It's political BS not actually going to happen. The vast majority of 172 charges don't stick in court. Something like 75% don't get convicted of 172. Therefore to collect four convictions, you'd probably need to catch about 16 charges. Not really protecting anyone, just pandering.
75% don't get convicted? On what legal grounds?
 
75% don't get convicted? On what legal grounds?
Most plead down. They get a conviction but not a 172 conviction so the roadside lynching was unjustified. Let's be honest, most crown attorneys in traffic court are marginal. Many parts of 172 are much harder to prove in court than a straight reading from a laser. There's a reason they double ticket for speeding and 172 when they lay it. They know the odds of 172 sticking in court are bad.
 
Is riding while standing on the pegs considered a stunting charge???? Jesus... I constantly do that in traffic to see ahead.... F***!!!!!
Exactly. IIRC there was an opinion letter from a JP that said standing on the pegs is not considered stunting but that doesnt mean the cop at the side of the road doesnt feel differently and he is judge, jury and executioner.
 
Does it have to go to court to get a lesser charge (pled down) with a traffic lawyer?
The lawyer is for to plead down the 172 or win out right?
 
To be fair, to my buddy, the whole thing was boggle. He's about as straightlaced as it gets, works in insurance (group, not vehicle), and plays by the rules across the board. Queens grad, wears executive glasses and has a haircut that's high and tight. This was a first experience where the system had entirely failed him, and he wasn't going to go down without a fight.

I do think there's a cozy business in traffic court between prosecutors, cops and the various folks who make a living on the defense side, whether lawyers, paralegals, or ex-cops. Getting too litigious might upset that friendly balance, so I could see a lawyer deciding it makes more sense long-term to stay friendly with the prosecuting side so they can continue to negotiate pleas quickly, easily and efficiently...
 
I would have (almost) no problem with this except for the fact that the speed limits on 400 series highways are too slow. If the average speed is 130, which many days it is, then by doing 150 you've only deviated traffic by 20km/h. If driving 100, you're deviating by 30km/h AND holding everyone up behind you.

If you want to fix the highways, put minimum and maximum speeds based on lane location. Right lane: min 90 max 110, middle lane: min 110, max 130, left lane: min 130, max 150. And unless you're a professional driver, no towing anything outside of the right lane. I don't care if you're towing your track bike behind your Porsche.

Finally, they do it wrong. Aside from cops being the judge and jury on a roadside suspension with no financial recourse for anything when you prove your innocence, which is just spectacularly wrong. Instead of suspensions, you should be forced to drive a ministry appointed vehicle as punishment for a period of time. This vehicle will have no passenger seats, seat belts, air bags, traction control or abs. It will have a big metal spike in the middle of the steering wheel. You want to street race or drive drunk in this car, it'll give Darwinism a helping hand.
 
Instead of suspensions, you should be forced to drive a ministry appointed vehicle as punishment for a period of time. This vehicle will have no passenger seats, seat belts, air bags, traction control or abs. It will have a big metal spike in the middle of the steering wheel. You want to street race or drive drunk in this car, it'll give Darwinism a helping hand.
As I started this paragraph, I thought you were going to have them riding around in a pink jeep renegade with a mildly offensive graphics package and then it went completely off the rails.
 
1 to 3 year suspension for a first time conviction of doing speeds that are legal in many parts of the world...

When your found not-guilty of HTA-172, you should be fully refunded and compensated for work, lost income etc and it should come out of the police pension fund.

With the sheer amount of cameras everywhere... on cruisers, bodycams etc any stunt driving charge must be confirmed by camera on the side of the road. People can be financially crippled by one of these charges.. Nobody should have the power to convict anyone on the side of the road, especially when its been shown that officers have colluded with their parasite tow truck and impound friends.

Start giving people 1 to 3 year suspensions for failing to merge properly, hogging the left lane and blowing through red lights. These are all as or more dangerous than doing 150 on the 407.

The province is more concerned with speeding or taking legal guns away from registered owners than it is the major gun and gang problem we have.
 
If driving 100, you're deviating by 30km/h AND holding everyone up behind you.

This is a perceived thing, not a reality thing. If you're in the proper lane there's little chance of holding anyone up (for as long as it takes them to change lanes and go around you) for the entire stretch of the 401 from Windsor to Quebec.

Now, if you're in the middle or left hand lanes doing 100, then sure, you're a menace. Plugging along in the right hand lane doing 100? You're not "holding everyone up" at all. Heck, every truck in this province is electronically governed to 105kph max and somehow we all manage. Whenever we're towing I always set the cruise at ~100kph as well (as do many other vehicles, contrary to popular belief) and somehow we all manage.

The "I need to go faster so that I'm not holding up traffic!" is all manifested in peoples heads, nothing more. It's also a convenient excuse for people to be speeding, and it's also self feeding causing average traffic speeds to climb - "I'm holding up traffic at 120" then becomes "I'm holding up traffic" at 140 as speeds inevitably creep up.
 
Heck, every truck in this province is electronically governed to 105kph max and somehow we all manage.

I have noticed a significant number of heavy trucks doing more than that in the last little while.

I know that in my car, 107 km/h indicated is 105 km/h actual, which is what the trucks are supposed to be doing. Most do ... but a fair number are doing more than that nowadays.

I'm guessing enforcement of this has slackened.
 
I have noticed a significant number of heavy trucks doing more than that in the last little while.

There will always be a certain segment of the population who think the rules don't apply to them. In the GTA the aggregate and sea-can hauler segment are amongst the worst offenders - the aggregate sector being no surprise since they're often paid by the load, so speed matters, and they know all the ways to bypass the scales (or just potentially never go near one) and are basically running scott free until they hit a random inspection somewhere one day, which are extremely rare. And yes, with sometimes slack enforcement, it's a slippery slope. This is why I constantly harp about new laws being useless without enforcement, just recently in an e-bike thread here for that matter.

That said, getting caught results in a big kick in the nards, so it's a big risk.

Since E-Logs went into mandatory effect here a few months ago speeding is becoming exponentially riskier as well since all these things are logged. The clock is ticking for those who think they can ignore speed limits or hours of service.

Another thing to keep in mind is grades. I hear it all the time that "a truck was passing me when I was doing 120!" but they fail to notice they're on a downgrade. When you weigh 80,000 to 140,000 pounds, even the slightest grade that many car drivers might not even perceive or notice can push a truck well over 105kph.
 
Just to clarify as the crap-ass media has reported it both ways, with 80 km/h speed limit or higher, 50 over gets the charge. At less than 80 km/h speed limit, 40 over catches the ticket. Some media are saying 40 over 80 is eligible (which could make passing on a windy road a prick).
 
Needless change to the already draconian 172 laws with our artificially low speed limits. I wonder how long it will take for those in power to pat themselves on the back speaking to the media with some econoboxes and maybe a lambo they impounded on display calling it a win for road safety. All that while they quietly avoid talking about any increase in people choosing to take their chances with getting away because the punishment doesn't fit the crime.

What's the punishment for texting while driving again? Isn't texting while driving 6 times more dangerous than drunk driving according to the NHTSA? Where are the new texting penalties? There's a whole lot of DUI checkpoints and speed traps, where are all the cops setting up cellphone traps? I'd much rather be on the road with everyone speeding while laser focused on driving than on the road with everyone going the speed limit while on their phone.
 

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