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radar tickets in construction zones tossed, declared illegal

+7
IG Guy
FlyingRat
holly golightly
AGEsAces
grumpyrom
grumpy old man
Deank
11 posters

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Deank


contributor eminence
contributor eminence

just changing the posted limit.. then how does the doubling charge kick in? Do we need to keep track of all company logs as to what times a worker is present? What does a worker present mean then? Some guy 50 feet off the road.. does he count? 25 feet?

gonna be a very sticky situation then

AGEsAces

AGEsAces
moderator
moderator

Deank wrote:the part of your arguement missing is that the speed limit may well be reduced. But the people who got a ticket in those areas not only got a ticket for driving over the posted limit... they also had that ticket doubled because of construction zone. At best if the crown wins they should only be winning half of the ticket for speeding, not the speeding in the zone portion.

Again, I think it comes down to whether the sign actually said "when workers present" or not.
If not, then it's a simple "were you speeding? was it a construction zone? yes. yes. guilty"

Just like there's no time of day anymore indicating a school zone, the argument is that it's a construction zone from the time they put the signs up, till the time they take them down. The same applies in other types of construction. When we open a site, it's a construction site and certain rules have to be followed until we close the job.

I'll speak to New Jersey, Pennsylvania & New York, as I know these for driving. If you get a speeding ticket (or other violation) in a Construction or School Zone...not only is the fine doubled, but the points (demerits) are doubled as well. And the camera-radars they setup there issue the ticket to the registered owner...including the points (demerits).

http://www.photage.ca

Deank

Deank
contributor eminence
contributor eminence

"was it a construction zone? yes. yes. guilty""

and the proof in it being a construction zone is?????

Deank

Deank
contributor eminence
contributor eminence

"Just like there's no time of day anymore indicating a school zone,"
thats because in MB we dont have reduced speeds in school zones, just for the school zone.

other provinces still do. ie 30KMH from 7 to 9am and 300 to 5 PM Monday to Friday, September to June.

real pain in the ass

grumpy old man

grumpy old man
administrator
administrator

Simplify it man.

In a specific area under construction simply post a sign that says the speed is X. Then it matters not if anyone is present. The speed limit is what it is.

As for the doubling that may well be because that is the way they wrote the law. And if'n I recall correctly that is why the tickets were thrown out because that law states "when workers are present".

Deank

Deank
contributor eminence
contributor eminence

EXACTLY!

Guest

Anonymous
Guest

ditto

FlyingRat

FlyingRat
moderator
moderator

tritto

FlyingRat

FlyingRat
moderator
moderator

Do I hear a quaditto?

AGEsAces

AGEsAces
moderator
moderator

Deank wrote:"was it a construction zone? yes. yes. guilty""

and the proof in it being a construction zone is?????

Signs...saying "Construction Zone"

I know those signs were there Smile.

http://www.photage.ca

Deank

Deank
contributor eminence
contributor eminence

but its not a construction zone if construction it not actively taking place. It may still be a hazardous area.... but that is really not the point.

IG Guy

IG Guy
contributor plus
contributor plus

AGEsAces

AGEsAces
moderator
moderator

Deank wrote:but its not a construction zone if construction it not actively taking place. It may still be a hazardous area.... but that is really not the point.

Yes...technically...it is.

Once the signs go up...it's a Construction Zone till the signs go down.

Whether on a road, in an office, building a new building...once marked as a zone...it's always a zone...no matter who's on site.

http://www.photage.ca

Guest

Anonymous
Guest

You are right to the degree, if workers are present is the key. That is the part I always understood was critical , Shammy Sam acting all innocent after he got them to beef up the enforcement of these zones .

Deank

Deank
contributor eminence
contributor eminence

AGEsAces wrote:
Deank wrote:but its not a construction zone if construction it not actively taking place. It may still be a hazardous area.... but that is really not the point.

Yes...technically...it is.

Once the signs go up...it's a Construction Zone till the signs go down.

Whether on a road, in an office, building a new building...once marked as a zone...it's always a zone...no matter who's on site.

but it does matter because of the doubling of the fine.

rosencrentz

rosencrentz
uber-contributor
uber-contributor

Anyone being ticketed for speeding when there is no one working there is so completely stupid, nonsensical, and that is why the crown is appealing the ruling. No common sense in the bureaucracy, just send us your money!
Bastards!
Someone get the home phone number of the crown and post it!

http://www.elansofas.com

Guest

Anonymous
Guest

I recently got a parking ticket at the airport, to which I wish to plead Not Guilty. Well. What a work out to get a Trial Date.

Doer has three or four stupid/lazy/slow/dawdling/thickheaded Justices of the Peace / Magistrates /Clerks / Dumbasses taking up space at 373 Broadway, pretending to look after people coming in to see about tickets.

Of the five or six windows there, only two were open when I got there. However, the two women were engaged in a conversation with each other and seemed totally oblivious to the 15 or so people that were waiting to see someone.

After watching them talk for a few minutes, I walked over to them, and in a fairly loud but polite voice, asked if anybody worked here.

One said that I would have to take a number and wait in line. Duh. I already had a number and was waiting in line.
But this did break-up the party and get her "working" again.

When I turned away, two Sheriff's Officers in the corner had the biggest smiles on their faces that I have ever seen on a face.

Seems like the Ladies of the Court at 373 couldn't give a fcuk about the people in front of them.

I was there 45 minutes before I could get a date for court the second time. The first time I was there, I waited over half an hour before I was told that I had to get my wife's signature because the car is in her name.

So, it's not really surprising that a straight-forward and simple thing such as a 'speed zone' can cause so much trouble.

Go Doer Go!!! (I don't mean that in a rah-rah fashion eh.)Smile

grumpy old man

grumpy old man
administrator
administrator

Here is a letter I just now received from Hughie...
Dear gom,

First, I’d like to thank you for signing our petition calling on the government to refund the thousands of unfair photo radar tickets a Manitoba court ruled should never have been issued in the first place.

I’d also like to tell you about the next step in our fight for fairness. Within the next two weeks, the Manitoba Legislature will vote on whether refunds should be issued to the thousands of unfairly ticketed motorists. Each MLA will stand in the Legislature, and vote either Yes or No on whether photo radar victims should be reimbursed.

This is our best chance to convince the government to change course and do the right thing. If we can convince just eight of the 36 NDP MLAs to vote for fairness, the motion will pass and the Legislature will officially adopt the position that drivers should be reimbursed.

I’m asking you today to please take action and contact your MLA. Visit our website at www.pcmanitoba.com, where we have set up an online toolkit allowing you to research the vote, customize and print letters, email and phone your MLA. It is essential that you contact your MLA and tell them to vote Yes on the refund motion.

Whether it was you, a friend or family member who was unfairly ticketed, I’d like to thank you for your support. Together, we can make this campaign a success.

Sincerely,

Hugh McFadyen
Leader of the Progressive Conservative Party of Manitoba

Guest

Anonymous
Guest

I e-mailed Howard.

rosencrentz

rosencrentz
uber-contributor
uber-contributor

I don't think Doer is in charge of the civil or uncivil magistretes?? Are you blaming him for this??

http://www.elansofas.com

Deank

Deank
contributor eminence
contributor eminence

ottawa tickets its emergency service vehicles that are responding to an emergency.
http://www.ottawacitizen.com/Emergency+services+infuriated+tickets+from+light+cameras/1626536/story.html

Guest

Anonymous
Guest

Ottawa eh. Something must be in the water there.

Freeman

Freeman
uber-contributor
uber-contributor

You know, somewhere, to somebody, that actually makes sense to ticket emergency vehicles. Isn't there anyone smart enough in Ottawa to change the law?

Ooops, I take that last comment back.

Deank

Deank
contributor eminence
contributor eminence

SWEET!!!... nothing but awesome here. Some fool on the Winnipeg sun site is going on about the only reason these tickets were tossed is because of lack of signage. Compeltely forgetting that they were tossed because the judge ruled them illegal with no workers present at it was only the crown that decided not to appeal because of incorrect signage... so I went searching for a link to post for him and the first one with reliable information was this one! ( which I only took the first link from I did not link directly to here )

http://www.winnipegsun.com/news/columnists/tom_brodbeck/2009/10/14/11394651-sun.html

rosencrentz

rosencrentz
uber-contributor
uber-contributor

DeanK please stop linking!!

http://www.elansofas.com

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