Photo Radar: Looking for eight angry NDP

Thank you for raising your concerns about the issue of refunds for photo radar construction zone tickets. I have forwarded your correspondence to the attention of the Hon. Dave Chomiak, Attorney General who will be responding directly to your questions.

I have received a number of comments on both sides of this issue over the last week and am taking the matter seriously.

Again, I appreciate your bringing this matter to my attention.

Thank you for emailing me your concerns about the issue of refunds for construction zone speeding tickets. I have forwarded your correspondence to the attention of the Hon. Dave Chomiak, Attorney General, who will be responding directly to your concerns.

I have received a number of comments on both sides of this issue and am taking the matter seriously. I appreciate your bringing this matter to my attention.

Dave Chomiak - Minister of Justice and Attorney General wrote:

Dear Mr. (Estoban):

I would like to thank you for sending
me your comments regarding the use of photo radar enforcement in construction
zones as I feel this is an issue that is important to all of us as Manitobans.
The safety of citizens and visitors on our City streets is a responsibility
that we all share.

Monies collected from photo radar
tickets are used to help fund police in the City of Winnipeg and the costs of
the Manitoba Justice system. In consultation with the City of Winnipeg and the
Winnipeg Police Service, the decision was made not to refund the photo radar
tickets. The Province responded quickly to strengthen the photo radar
regulations to ensure that all motorists, as well as administering
municipalities, have a better understanding about the conditions under which
photo radar enforcement can be used in constructions zones.

To be clear, the role of the
province in regard to photo radar is quite limited. The enabling legislation
for photo radar is in The Highway Traffic Act. Individual municipalities
determine whether they wish to use photo radar within their jurisdiction.
Decisions about location and frequency of use are made by the administering
jurisdiction, in this case the City of Winnipeg, in consultation with their
police services. The province plays no role in where photo radar is used.

Yours truly,
Dave Chomiak

Minister of Justice and Attorney
General

JT Estoban wrote:1) "The Province responded quickly to strengthen the photo radar
regulations to ensure that all motorists, as well as administering
municipalities, have a better understanding about the conditions under which
photo radar enforcement can be used in constructions zones."

My
reply = No, not really. I still have no idea what constitutes a "safety
issue" nor does anyone else. And that's pretty well the only language
that was changed in the legislation! So, please tell me, as a motorist,
what exactly is a "safety issue" that would require the speed limit in
a construction zone to be reduced when no workers are present.
Anything? Someone's say so? And further to that, how am I, as a
motorist, supposed to know that a safety issue does in fact exist, and
that is why the speed limit is reduced? Am I, and everyone else,
supposed to trust that the party responsible for making that
determination (who is that exactly? who makes that call?) is going to
honestly say that indeed, there does exist "some kind" of safety issue
where by the speed must be reduced?

I find that hard to believe. Especially after it's been proven that
whenever possible, the government(s) are going to game this program in
order to maximize profits. So I think that explanation is hogwash. This
legislation needs to be further amended to remove the ambiguity
regarding where and when these mobile units can be deployed. Not only
in construction zones, but in ALL zones they are allowed to be
deployed. Tell us what the rules are supposed to be. Should a mobile
unit be deployed to a school zone on a Sunday morning @ 6:30 a.m.? I
don't think so...that's just a blatant cash grab. If one wants to make
the argument that it's a "safety issue" and deploying a mobile unit at
that hour of that particular day is going to increase safety, then I'd
respectfully (if I can) call that person a liar.

Your statement that you clarified when and where the photo camera's
can be in constructions zones STILL NEEDS to be spelled out clearly. It
in fact is NOT understood clearly by the public.

2) "To be clear, the role of the
province in regard to photo radar is quite limited. The enabling legislation
for photo radar is in The Highway Traffic Act."

My
reply = The province is responsible for the enabling legislation, The
Highway Traffic Act. You must take me for a fool to believe that there
is very little the province can do in this regard. You made this law,
and you've modified it recently (as stated above, it's still just as
ambiguous as it was previously, if not more so, with the high potential
for abuse by municipalities, such as the City of Winnipeg) so to say
that you have "no control" is disingenuous at best and at worst a lie.

3) "The province plays no role in where photo radar is used."

My
reply = I beg to disagree. "The enabling legislation
for photo radar is in The Highway Traffic Act." and in that enabling
legislation, it spells out where photo radar is allowed and not
allowed. So clearly, the province plays a HUGE role in where photo
radar is used. One might even say the province plays the biggest role
in determining where and when mobile photo radar units can and cannot
be used. Again, another statement that's disingenuous at best, and at
worst a lie.

So, the facts remain, the province clearly has the jurisdiction to
tell municipalities (and cities) where and WHEN photo radar can be
used. The issue is this, photo radar was sold to the public as a
"safety" issue, and over the length of the entire program, it has been
abused by the city of Winnipeg and run as a money making operation.
This is clearly wrong and needs to stop. The province sets the rules,
and the city has to play by them.

I would like to thank you for sending your comments regarding the use of photo radar enforcement in construction zones as I feel this is an issue that is important to all of us as Manitobans. The safety of citizens and visitors on our City streets is a responsibility that we all share.

Monies collected from photo radar tickets are used to help fund police in the City of Winnipeg and the costs of the Manitoba Justice system. In consultation with the City of Winnipeg and the Winnipeg Police Service, the decision was made not to refund the photo radar tickets. The Province responded quickly to strengthen the photo radar regulations to ensure that all motorists, as well as administering municipalities, have a better understanding about the conditions under which photo radar enforcement can be used in constructions zones.

To be clear, the role of the province in regard to photo radar is quite limited. The enabling legislation for photo radar is in The Highway Traffic Act. Individual municipalities determine whether they wish to use photo radar within their jurisdiction. Decisions about location and frequency of use are made by the administering jurisdiction, in this case the City of Winnipeg, in consultation with their police services. The province plays no role in where photo radar is used.

Yours truly,

Dave Chomiak
Minister of Justice and Attorney General

cc. Premier

grumpy old man wrote:Anyone surprised at the 33-21 vote -- directly along party lines? Doer say's he voted with the police. How remarkably disingenuous.

They can do this because Winnipeggers and Manitobans keep reelecting these knobs.