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Thread: the "law" at the race track

  1. #21
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    Re: the "law" at the race track

    Quote Originally Posted by reciprocity View Post
    so if you've got a DUI you can't race?

    new protest angle noted!
    In theory, you could have the cops waiting at the finish line.

    Better yet, you could invite them to the grid before the field even hits the track. That way you save yourself the trouble of submitting a protest.

  2. #22
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    Re: the "law" at the race track

    Quote Originally Posted by reciprocity View Post
    They have drinking at race tracks?
    Just like they have teh intarwebz on computers now.
    Morally Ambiguous (submissions welcome)

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  3. #23

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    Re: the "law" at the race track

    just imagine a po po at the L2 corner of mosport with a radar gun aimming at you....then pull you over for speeding and dangerous driving/wtever.......lol that is just fukin hilarious........

  4. #24

    Re: the "law" at the race track

    Quote Originally Posted by reciprocity View Post
    They have drinking at race tracks?
    Apparently there must be, because when I removed my lowers on my track bike...There was a bud light beer bottle cap in them

  5. #25

    Re: the "law" at the race track

    Quote Originally Posted by turbodish View Post
    If you have had your license suspended as a result of a criminal conviction, you are more than just suspended. Because the suspension is based on a criminal conviction, the penalty applies anywhere in Canada and applies to any type of motorized vehicle at all. Legally, you can't even operate a riding lawn mower, farm tractor, snowmobile, or boat, private property your own included or not.

    If you do, you have in effect disobeyed not just an administrative sanction by the MTO, but a judge's sentencing order. That's why the penalties are so much higher than a simple drive with no license, expired license, or administratively suspended license.

    You can look through all the case law if you want, but the Coles Notes version is here http://www.ottlegal.com/en/criminal-...qualified.html

    ding ding we have a winner! I didnt know it at the time when I stunt riding in a parking lot (because no one told me, thanks lawyer what did I pay you $2000 for again?) That because I was suspended due to a dangerous driving conviction, I could be in serious trouble for operating any kind of motor vehicle ..It would actually be a breach of my probation, and could land me in jail..Funny timing too, my probation was over in just a few days when this happened

  6. #26

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    Re: the "law" at the race track

    Quote Originally Posted by JohnnyP636 View Post
    thanks lawyer what did I pay you $2000 for again?)
    If they told you, then you might have stayed out of trouble and not needed their sevices again.

  7. #27

    Re: the "law" at the race track

    Quote Originally Posted by AdRath View Post
    If they told you, then you might have stayed out of trouble and not needed their sevices again.
    True but not even the judge mentioned it as part of my conditions...I had no clue at all when the cop told me, and actually called the cop on it a little cause I thought it was BSing...Then he showed me on his computer screen that it was true and one of my conditions, and he could arrest me right there for it...He even said to me "your telling me no one told you about this!?!?"

  8. #28

    Re: the "law" at the race track

    Quote Originally Posted by reciprocity View Post
    They have drinking at race tracks?
    they have racing at drink tracks now?

  9. #29

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    Re: the "law" at the race track

    Quote Originally Posted by JohnnyP636 View Post
    True but not even the judge mentioned it as part of my conditions...I had no clue at all when the cop told me, and actually called the cop on it a little cause I thought it was BSing...Then he showed me on his computer screen that it was true and one of my conditions, and he could arrest me right there for it...He even said to me "your telling me no one told you about this!?!?"
    Kinda makes you wonder how much other stuff goes unsaid eh.

  10. #30
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    Re: the "law" at the race track

    And we're technically required to be aware of every law in place
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  11. #31

    Re: the "law" at the race track

    The police can enforce any criminal law on private property if they witness it from a vantage point off the property. IE: they can sit at the front gate of the property, witness someone have a few beers, and then jump onto a pit bike - and charge them appropriately.

    In the case of a death on the race track during a session or race itself, the police will become involved, usually with the coroner.

  12. #32

    Re: the "law" at the race track

    Quote Originally Posted by meme View Post
    That is exactly what I was referring to, but even if the owner requests it then what is the charge? If private property doesn't fall under the HTA, and you signed in at the gates then it can't be trespassing...


    Stunting, no helmets etc. Obviously not talking about speeding.
    Tons of incorrect info here, as per usual...........

    As mentioned, the charge would be for engaging in prohibited activity under the Trespass to Property Act.

    Set fine of $65.

    But the property would have to be properly signed and it would have to be known to everyone that you have to be wearing a helmet for charges to be laid.

  13. #33

    Re: the "law" at the race track

    Quote Originally Posted by Voodoovaj View Post
    I believe that section is there to emphasize that helmets must be worn at all times. A "street" bike off road is irrelevant.

    The only way you could get a ticket is in some odd case where they would want to see your licensing for a vehicle (plates, d.l., etc) and you could not provide it. Say for instance, you didn't have a license and you rode the bike to the track. If you don't have an answer for how the bike got there, you're nabbed. The ticket would be for riding without a license to the track, not ON the track.
    This is BS.

    The cop would have to see you riding the bike or have a witness that did and is going to provide a statement and attend court.

  14. #34

    Re: the "law" at the race track

    Quote Originally Posted by meme View Post
    Actually if turbo is right then you cannot operate under a suspension legally which begs the question how can someone without a licence be allowed out ontrack?

    Just curious
    You do not need a licence, (whether you have never had on or it is suspended) to operate a motor vehicle on private property.

  15. #35

    Re: the "law" at the race track

    Quote Originally Posted by reciprocity View Post
    so if you've got a DUI you can't race?

    new protest angle noted!

    With criminal convictions, your licensing isn't necessarily suspended, it is the fact that you are prohibited from driving.

    When prohibited from driving in Canada for a criminal conviction, you cannot operate a motor vehicle anywhere.

    This includes, boat, car, lawn mower, dirt bike, 4 wheeler, golf cart, etc, etc.
    Last edited by Smokeandapancake; 01-25-2010 at 07:06 AM.

  16. #36

    Re: the "law" at the race track

    So just to open up the can of worms a little more.

    If a Criminal Code of Canada violation can be handed out on private property and said violation is Dangerous operation of a motor vehicle..... then technically speaking you could get charged with this law during a race or a stunt show for that matter?

    What the hell?

    Now that's just messed up right there.

  17. #37
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    Re: the "law" at the race track

    Quote Originally Posted by Metastable View Post
    So just to open up the can of worms a little more.

    If a Criminal Code of Canada violation can be handed out on private property and said violation is Dangerous operation of a motor vehicle..... then technically speaking you could get charged with this law during a race or a stunt show for that matter?

    What the hell?

    Now that's just messed up right there.
    You could, but the definition of dangerous operation defines under what circumstances that might happen.

    249. (1) Every one commits an offence who operates
    (a) a motor vehicle in a manner that is dangerous to the public, having regard to all the circumstances, including the nature, condition and use of the place at which the motor vehicle is being operated and the amount of traffic that at the time is or might reasonably be expected to be at that place;
    The key phrase here is "dangerous to the public, having regard to all the circumstances, including the nature, condition and use of the place at which the motor vehicle is being operated".

    A racer or stunter participating as would be reasonably expected within the confines of a secured area away from spectators would normally face no risk of being charged. The exception would be if they deliberately rode in a way that posed unexpected danger to others, ie, deliberately ramming into another rider or forcing another rider down.

    Once off the race track or out of the stunt enclosure, engaging in those same activities in close proximity to the public could open you up to dangerous driving charges.

    I remember one guy several years ago doing a fast wheelie along the paddock road behind the restaurant at Mosport just as the pay-duty cop came out ofthe washroom. That guy got arrested and charged with dangerous driving because of his speed and being up on one wheel in such close proximity to all the people walking around in the immediate area.

  18. #38

    Re: the "law" at the race track

    Quote Originally Posted by Metastable View Post
    So just to open up the can of worms a little more.

    If a Criminal Code of Canada violation can be handed out on private property and said violation is Dangerous operation of a motor vehicle..... then technically speaking you could get charged with this law during a race or a stunt show for that matter?

    What the hell?

    Now that's just messed up right there.
    You need to understand the definition of dangerous driving.

    Also, there is a little thing called intent.

  19. #39

    Re: the "law" at the race track

    http://www.youtube.com/watch?v=BQdzS1WmhCg

    Now this video doesn't really show it all that well.... but I watched this race live on TV back in the day. That's Capirossi taking out Tatsuya Harada in the last race on the season on the last lap in order to win the 250 championship. There was NO WAY IN HELL Capirossi makes that corner and stays on the track if he doesn't ram into the side of Harada... harada basically acting like a movable barrier.

    The intent of his kamikaze move was there.... if Harada finished the race in front of him, Harada would have won the Championship.... it was a dangerous move. Capirossi caused an accident.... and became world champion in the process.

    http://www.youtube.com/watch?v=3E5Px...eature=related

    Watch around the 2:20 mark. Schumacher's line was not where the track went... he looked into his mirror and intentionally hit Villeneuve in order to put Villeneuve out of the race. Mind you Schumi also pulled that stunt against Damon Hill and Hinz Herald Frentzen (in Touring cars).

    Again intent was there and it was dangerous.

    So what do I have to learn about again?

  20. #40
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    Re: the "law" at the race track

    Quote Originally Posted by Metastable View Post
    http://www.youtube.com/watch?v=BQdzS1WmhCg

    Now this video doesn't really show it all that well.... but I watched this race live on TV back in the day. That's Capirossi taking out Tatsuya Harada in the last race on the season on the last lap in order to win the 250 championship. There was NO WAY IN HELL Capirossi makes that corner and stays on the track if he doesn't ram into the side of Harada... harada basically acting like a movable barrier.

    The intent of his kamikaze move was there.... if Harada finished the race in front of him, Harada would have won the Championship.... it was a dangerous move. Capirossi caused an accident.... and became world champion in the process.

    http://www.youtube.com/watch?v=3E5Px...eature=related

    Watch around the 2:20 mark. Schumacher's line was not where the track went... he looked into his mirror and intentionally hit Villeneuve in order to put Villeneuve out of the race. Mind you Schumi also pulled that stunt against Damon Hill and Hinz Herald Frentzen (in Touring cars).

    Again intent was there and it was dangerous.

    So what do I have to learn about again?
    The "intent" in those moves could also be reasonably written off to poor judgment as opposed to deliberate attack. Proving criminal intent on a race track during racing is tough, and would require an overt action that has no possible explanation other than a deliberately planned attempt to impose harm.

    Even subjecting another competitor to a hard shunt resulting in serious crash wouldn't necessarily provide the necessary basis to prove criminal intent. A competitor could easily claim momentary misjudgment and there would be no way to prove otherwise.

    Because of the type of operating environment expected on a race track, the threshold to support laying such a charge would be exponentially higher than for on the street. The offending act leading to a charge would need to be seriously overt and prolonged for a dangerous driving charge to stick as a result of a race track incident.

    If the threshold for charges is high in race track competition, it gets even high for motorsport where intentional vehicle contact is expected. A driver would have to go way over the top to get charged with dangerous operation arising out of demolition derby crash, but I could see a couple of situations where it could happen.

    Just look at hockey and fighting - a certain amount of fighting is tolerated by the legal system, but there is a threshold point where fighting can be deemed to be criminal in nature and not in keeping with the expected nature of the sport.

    Race tracks and dangerous driving charges are treated in the same way. Now, do the same in the paddock where the general public has access and may be in close proximity, though, and the threshold lowers dramatically.

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