I get the grey area argument, I do. I take that as
'areas of the law open to interpretation'. One officers perception of an incident vs. someone else's. There are so many ways to be charged under this section, it might help to be specific. The over 50 definition is the biggest one, I would define that as 'excessive speeding'. Pre-2007 we would charge by way of a summons and send the person to court, but it didn't involve a roadside suspension and impound.
Since then, I can't say that I've seen the number of over 50 speeders drop, but I don't have the stats to back that up.
For riders, the big ones are:
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).
I would only point out that all of those definitions (of "race") involve excess speed, but are in conjunction with either chasing, surfing, or accelerating in some extraordinary way.
I have no doubt that this topic is covered somewhere else in this forum as this section isn't new.