Anti-street racing law

[Wedge]

This was posted in the rally forum, but hasn't been mentioned here yet. So I figured I'd point it out, since it not only affects the Rally guys, but also the solo guys and to some extent the road racers as well.

http://www.casc.on.ca/forums/showthread.php?t=9659

To sum it up, there is a bill trying to be passed as law, to criminalize street racing. However, the way it's currently written, it could be interpreted to also include rallying, solo racing, and road racing. The good news is that there are people speaking on our behalf. All in the info is in that thread.

[smokinfire]

Thanks for posting this, you think the Targa Newfoundland guys might be a bit concerned?

[craig]

FYI, Ross Wood is the Clerk of the Course for Targa Newfoundland, so I'm sure Targa is in the loop.

Ross has posted some further comments (aimed more at Rally folk) at http://www.mco.org/cms/index.php?name=Forums&file=viewtopic&t=5888&start=31

There's also a post further on in the above-cited thread from Ferdinand that gives some background.

[finboy]

wtf

solo I , II road racing all done on private property


boo the feds... there ARE current laws that can be used for enforcement

[Wedge]

wtf

solo I , II road racing all done on private property


boo the feds... there ARE current laws that can be used for enforcement

Here is the government website with all related information: here (http://www.parl.gc.ca/LEGISINFO/index.asp?Language=E&Session=14&query=4785&List=toc)

The purpose of this bill is to introduce criminal charges to street racing, and add serious punishments, as well as making it all easier to enforce by police.
In my understanding, currently, if you are caught street racing (assuming nobody was injured) the worst penalty you get is a $1000 ticket.
This bill is proposing a maximum penalty of 14 years in jail. It seems to me that would be a pretty good deterrant. Technically, anybody who's ever dragged someone else out of red light is guilty of this crime. Even if you stop when you reach the speed limit, you'd still be guilty of street racing.

The problem is the new definition of the term "street racing". This bill defines street racing as:
"“street racing” means operating a motor vehicle in a race with at least one other motor vehicle on a street, road, highway or other public place;"

Here is an excerpt from a speech given at the house of commons:
The first one has to do with the definition of “street racing”. As I read it, I note that it is really quite simple. The bill states that “street racing means operating a motor vehicle in a race with at least one other motor vehicle on a street, road, highway or other public place”.


That is okay as it stands, but as I read it, it seems to include what we would call road-rallying. There are organized sport road rallies around the country. People do this quite legally. They do not usually do this in the city, but sometimes they do. This is usually done in a rural area. These drivers use public roads and highways for the road rally. It is essentially a race. The rally drivers are released once every couple of minutes or five minutes. There is a race. It is clocked.


It seems to me that the definition we are using in the bill may criminalize an area of conduct that we just call road-rallying. There are probably hundreds or thousands of road rally enthusiasts out there across the country who may have a concern about this. The bill as it is written now does not exempt this type of organized sport rally activity and seems to criminalize it.


The second area I will call the Formula One road racing, the very highly organized sport racing that happens with professional drivers. Sometimes it happens on a track, but other times it happens on portions of streets and roads in a city or a location where streets and roads have been blocked off, closed or otherwise.


One could argue that if one blocks off the city street that is being used for the Formula One race, it is no longer a public street. It is not really a street any more as it has been blocked off and closed. I suppose I could accept that, but the definition also uses the term “or other public place”. It seems to me that the middle of a city with blocked off streets may still be a “public place”, although there may not be a street.


Think of an event such as the Toronto Gran Prix, which takes place on blocked off public streets. Since they are blocked, they are no longer public streets. But it is still a public place, if you take the wording of the law literally. The exact same thing applies to Solo 2 events. Most parking lots are on private property. But they are still classified as a public place.

[finboy]

these laws have been around for a while...

you don't need to change the law.. just the punishment then


from the crimial code

Motor Vehicles, Vessels and Aircraft

Dangerous operation of motor vehicles, vessels and aircraft


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;

(b) a vessel or any water skis, surf-board, water sled or other towed object on or over any of the internal waters of Canada or the territorial sea of Canada, in a manner that is dangerous to the public, having regard to all the circumstances, including the nature and condition of those waters or sea and the use that at the time is or might reasonably be expected to be made of those waters or sea;

(c) an aircraft in a manner that is dangerous to the public, having regard to all the circumstances, including the nature and condition of that aircraft or the place or air space in or through which the aircraft is operated; or

(d) railway equipment in a manner that is dangerous to the public, having regard to all the circumstances, including the nature and condition of the equipment or the place in or through which the equipment is operated.

Punishment


(2) Every one who commits an offence under subsection (1)

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

(b) is guilty of an offence punishable on summary conviction.

Dangerous operation causing bodily harm


(3) Every one who commits an offence under subsection (1) and thereby causes bodily harm to any other person is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

Dangerous operation causing death


(4) Every one who commits an offence under subsection (1) and thereby causes the death of any other person is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

R.S., 1985, c. C-46, s. 249; R.S., 1985, c. 27 (1st Supp.), s. 36, c. 32 (4th Supp.), s. 57; 1994, c. 44, s. 11.


from the highway traffic act
Careless driving

130. Every person is guilty of the offence of driving carelessly who drives a vehicle or street car on a highway without due care and attention or without reasonable consideration for other persons using the highway and on conviction is liable to a fine of not less than $200 and not more than $1,000 or to imprisonment for a term of not more than six months, or to both, and in addition his or her licence or permit may be suspended for a period of not more than two years. R.S.O. 1990, c. H.8, s. 130.

[finboy]

so yes.. the punishment might need a tweek


but consideration should be given to the court system..

-plea bargining happens a TON
-punshiments are rarely equal to the offence


no one cares how many points they get, or what the fine is.. its the insurance rates people are scared of