Stunting and racing laws...

[krrakt]

I'm sure this has been discussed before but interested in your opinions about these new rules and how they have been used/abused.

Are there specific outlines for what constitutes stunting and racing.

Obviously wheelies, stoppies and 50+ over the limit are some specifics but other than that, is it simply up to the officers discretion what constitutes an offence.

I would hope there are guidelines or criteria that must be met before they can lay such a charge.

I read recently that a guy was charged for removing his hand from the handlebar. I believe the charge was dismissed, but what a waste of time and money.

If it is simply the officers discretion, riders all over the place will be falling victim to disgruntled cops. There must some boundaries keeping things in check, aren't there. Does anybody know what they are?

Also, I understand that you lose your vehicle, but is it automatically gone for good? What if you are still paying it off? One could just stop paying and they can reposess from the impound!

The court, not the cop roadside decides if you lose your vehicle I hope. But still it is the cops discription of events the court really believes, right?

BTW what ever happened to "innocent until proven guilty?

These laws IMO negate our charter of rights. How can they get away with taking your property.

I understand these charges validity in situations where there are injuries or property damage, but for no other reason than a cops opinion, it is crazy.

Any examples of the abuse of these laws, please share.

[Rob MacLennan]

Moved to Law & HTA.

Here is the law, that governs what is "racing" and "stunting":

1. Revoked: O. Reg. 406/08, s. 1.

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.

Exceptions


4. (1) Despite section 2, “race” and “contest” do not include,

(a) a rally, navigational rally or similar event that is conducted,

(i) under the supervision of the Canadian Association of Rally Sport,


(ii) under the supervision of a club or association approved in writing by the Ministry, or


(iii) with the written approval of the road authority or road authorities having jurisdiction over the highway or highways used;

(b) motor vehicle owners engaged in a tour, scenic drive, treasure hunt or other similar motoring event in which the participants drive responsibly and in a manner that indicates an overall intention to comply with the provisions of the Act;

or


(c) an event held on a closed course with the written approval of the road authority having jurisdiction over the highway, including any event lawfully using any of the trademarks “CART”, “Formula One”, “Indy”, “IndyCar”, “IRL” or “NASCAR”. O. Reg. 455/07, s. 4 (1).

(2) Despite sections 2 and 3, “race”, “contest” and “stunt” do not include any activity required for the lawful operation of motor vehicles described in subsections 62 (15.1) or 128 (13) of the Act, or the lawful operation of an emergency vehicle as defined in subsection 144 (1) of the Act. O. Reg. 455/07, s. 4 (2).


5. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 455/07, s. 5.



You'll note that taking your hand off the bars isn't listed anywhere in that section. If so then I would have 'stunted' about 30 times, this morning, as I removed my hand from the bars to wipe condensed fog from my visor.

[toysareforboys]

My friend was charged with:

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,

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).

Just so you know what cops are told as a guideline for laying this charge, it's changing lanes TWICE within a 6 second period.

My friend pulled onto the highway by merging from the onramp lane into the slow/right lane of traffic, moved one lane left to pass a slow moving vehicle, then moved back into the slow/right lane to get off at the next exit (salem to westney, ajax).

He ended up getting found not guilty because the cop did not verify the speed at which the "slow moving vehicle" was travelling, nor the speed at which the motorcycle was travelling, only the "speed at which the officer required to catch up to the motorcycle, from being at a stand still", so could not prove "a departure from the lawful rate of speed". But this was after $900 impound fee, $3000 for a lawyer, and losing his job of driving explosives commercially

-Jamie M.

[EngineerJoe]

iv. making a left turn where,

...

(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.

I cannot tell you how many times on my way to work I see individuals (everything from passenger vehicles to 18-wheelers), speeding through a left-turn lane even after the opposing traffic gets the green.

Edit: And they KNOW opposing traffic gets the green because they no longer have the advanced green (or advanced yellow) when they enter.

[Rob MacLennan]

I cannot tell you how many times on my way to work I see individuals (everything from passenger vehicles to 18-wheelers), speeding through a left-turn lane even after the opposing traffic gets the green.

Edit: And they KNOW opposing traffic gets the green because they no longer have the advanced green (or advanced yellow) when they enter.

There's a guy in a BMW, in Brampton, who I've been trying to catch on video. He consistently jumps the green to turn in front of oncoling traffic, when there isn't even an advanced green at the intersection, which is exactly the sort of behaviour this is meant to apply to.