session_13_slides-24516-20200623.pdf

www.opcva.ca Highway Traffic Act #13 Rules of the Road #4 Version: BCT Traffic June 2020 © Queen's Printer for Ontario, 2018 Review Charge of the day: Martin 2 MARTIN On today’s date at 2109 hrs. you observe a 2010 Ford F150 Ont lic CA8 099 n/b on Hespeler Road disobey the red traffic signal...

www.opcva.ca Highway Traffic Act #13 Rules of the Road #4 Version: BCT Traffic June 2020 © Queen's Printer for Ontario, 2018 Review Charge of the day: Martin 2 MARTIN On today’s date at 2109 hrs. you observe a 2010 Ford F150 Ont lic CA8 099 n/b on Hespeler Road disobey the red traffic signal at Pinebush Avenue in the city of Cambridge. The Ford truck was approx. 100 meters from the marked stop line when the light changed from green to amber. When the front bumper of the Ford was 1 metre past the stop line, the light changed to red. The driver of the Ford identifies himself with a the following valid Ontario drivers licence. Mr. Martin told you he thought the light was amber when he entered the intersection. You charge him with……………. 3 4 Traffic Quiz #5 Rules of the Road (Open Book if Necessary) 5 Question #1 You are on patrol and observe a motor vehicle approaching an intersection which is controlled by a stop sign. There are no sidewalks or markings on the road. The vehicle is required to stop: a) Beside the stop sign b) Immediately before entering the intersection c) Only after having a clear view of traffic approaching in either direction d) 5 metres immediately before entering the intersection 6 Question #2 You observe a motor vehicle turn left into a private drive and almost collide with an oncoming car. What would be the appropriate charge? a) Left turn- fail to yield b) Fail to yield to traffic c) Improper left turn d) Turn - not in safety 7 Question #3 When a vehicle or streetcar is approaching a pedestrian crossover and is within ____ meters thereof, the driver of any other vehicle or streetcar approaching from the rear shall not allow the front extremity of his/her vehicle or streetcar to pass beyond the front extremity of the other vehicle or streetcar. a) 150 b) 30 c) 60 d) 90 8 Question #4 A driver approaching from the rear a school bus with lights activated and stop arm extended must stop at least ____ meters behind the bus. a) 15 b) 20 c) 25 d) 30 9 Question #5 You observe a motor vehicle travelling towards a signalized intersection. When the light turns amber, the vehicle accelerates. The light turns red as the front bumper of the vehicle is approximately 4 metres past the stop line. The appropriate charge is: a) Amber light – fail to stop b) Red light – proceed before green c) Careless driving d) Red light – fail to stop 10 Review Where does a driver have to stop when approaching an intersection controlled by a stop sign? Where do we find this in the HTA? HTA Sec 136(1)(a) 11 Review Where are motorists required to stop when approaching a red traffic control signal at an intersection? Where do we find this in the HTA? HTA Sec 144(5) 12 Review What are some examples of driver actions which would be considered a stunt? Where do we find these driver actions outlined? O Reg 455/07 13 Objectives • Rules of the Road – Careless Driving – Dangerous Driving – Criminal Negligence – Flight from Police 14 Careless Driving • Look up Careless Driving in your HTA • What are the facts in issue for this offence? • HTA Sec 130 15 Careless Driving • • • • • Drive Vehicle or street car On highway Without due care and attention, OR Without reasonable consideration for other persons using the highway 16 Careless Driving • As of September 1st, 2018: • New offence for Careless Driving causing bodily harm or death will provide the courts greater latitude to impose increased penalties where it includes pedestrians and cyclists. HTA Sec 130(3) • • • • • Penalties include: Licence suspension not more than 5 years. Fine of $2000.00 to $50,000.00 Imprisonment of not more than 2 years 6 Demerit points 17 Careless Driving Careless Driving is an error in judgment deserving punishment Q. Is this an arrestable offence? A. Yes – HTA Sec 217(2) Q. What grounds are required to make an arrest for careless driving? A. R& PG 18 Careless Driving What are some examples of; without due care and attention, or without reasonable consideration for other persons using the highway? • • • • • • fell asleep staring at someone on the sidewalk applying make-up reading the newspaper adjusting the radio committing multiple HTA moving violations 19 Careless Driving or Follow Too Close? Find the charge of: Follow Too Close in the HTA (HTA Sec 158) • R v. Ouseley 1973 • a rear-end collision alone did not establish a prima facie case of follow too closely • Can be difficult to prove follow too closely, • Required to prove the following distance between the 2 vehicles (observation or statements) • If unable to prove distance- careless driving may apply. 20 Careless Driving • A situation Involving 2 or more HTA moving violations. What are some examples? – excessive speed and unsafe lane changes – Speeding and disobeying a stop sign – Disobeying a red light and making an improper lane change 21 Careless Driving Q. How many points are added to a person’s driving record for a conviction of careless driving • Regulation 339/94 – Demerit Point Chart- 6 points 22 Dangerous Driving • Look up the offence of Dangerous Driving in your Criminal Code. • 320.13(1) as of Dec18, 2018 • Dual procedure offence • What are the key elements in this offence? 23 Dangerous Driving • Dangerous Driving • Everyone commits an offence who operates a conveyance in a manner that having regard to all of the circumstances is dangerous to the public CCSec 320.13(1) 24 Dangerous Driving What does “Operate” mean? (CC Sec 320.11) (a) In respect of a motor vehicle, to drive it or to have care or control of it; (b) In respect of a vessel or aircraft, to navigate it, to assist in its navigation or to have care or control of it; and (c) In respect of railway equipment, to participate in the direct control of its motion, or to have care or control of it as a member of the equipment’s crew, as a person who acts in lieu of a member of the equipment’s crew by remote control, or otherwise. (conduire) 25 Dangerous Driving • What is the definition of a Conveyance in the criminal code and where is it found? • Conveyance – means a motor vehicle, a vessel, an aircraft or railway equipment. CC Sec 320.11 26 Careless / Dangerous Q. What circumstances would you consider dangerous instead of careless? • intentionally driving through stop signs • knowing your windshield wipers are not working and kill pedestrian in rainstorm • 150 km/h, pass over a hill and strike a cyclist • fail to clear snow off windshield and strike pedestrian 27 Careless / Dangerous • Driving Conduct beyond mere disobeyance of the rules of the road. – Careless - provincial offence HTA 28 Careless / Dangerous – Dangerous - criminal offence CC – Is the criminal offence more serious or less serious than the provincial offence? 29 Dangerous – Bodily Harm What are the two criteria for Dangerous Driving Causing Bodily Harm as far as the designation of bodily harm is concerned? CC Sec 320.13(2) • Must be to some other person other than the driver. • Bodily Harm (must be more than transient or trifling in nature (Sec 2 CC) 30 Dangerous - Death • Must be to some other person than the driver • CC Sec 320.13(3) 31 Criminal Negligence Defined • Must do something, OR • Omit to do something imposed by law – AND • Wanton or reckless disregard for the lives or safety of others – 219(1) CC 32 Crim. Neg. - Charges • Sec 221 – Criminal Negligence cause bodily harm – to another person • Sec 220 – Criminal Negligence cause death • to another person 33 Included Offence • Dangerous Driving is an included offence of Criminal Negligence cause Bodily Harm or Death – 662 (5) C.C. 34 35 Flight Police Pursuit 320.17 Everyone commits an offence who operates a motor vehicle or vessel while being pursued by a peace officer and who fails, without reasonable excuse, to stop the motor vehicle or vessel as soon as is reasonable in the circumstances. New CC Sec 320.17 36 • Charge of the day – Hollinger • Next Class: – Equipment requirements in the Highway Traffic Act – Seatbelts 37