Published On Sat Jun 07 2008

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Readers weigh in on street racing law

CARLOS OSORIO/TORONTO STAR

OPP Commissioner Julian Fantino checks a vehicle on Highway 401.

Street racing story "irresponsible"
Your view, May 31
Look at me! I'm a street racer!
Jim Kenzie, May 24

Mr. Fantino's assertion that the OPP merely enforces speed limits set by others is, at best, disingenuous. Indeed, our "street racing" speed law is a direct result of his proposal to the Premier last summer.

Combine a media-driven frenzy about street racing with an ambitious, politically astute, recently appointed OPP commissioner wishing to make an impact during an election and, immediately, we have the most oppressive, unconstitutional speed law in any jurisdiction in the universe. Now that's irresponsible!

Commissioner Fantino believes it is acceptable to scold Kenzie and the rest of us mere citizens for flouting the law while he and our elected government flout the principles of democracy with arbitrary, unpopular, ill-advised, but politically expedient and ultimately ineffective laws. Now that is irresponsible!

A responsible government would update our speed laws to reflect the current practice of the vast majority of Ontario motorists.

It should curtail the current practice of responding to the "safety" agenda initiated by our unelected OPP commissioner which appears to be nothing more than a play for more resources and, ultimately, more control over our daily lives.
B. W. Martin, Oakville

OPP Commissioner Fantino states: "the OPP doesn't set speed limits – we just enforce them!"

That may be so, but they most certainly do not always obey them!

Countless times, while cruising a 400-series highway at a few kilometres per hour over the posted speed limit, I have been overtaken and passed by OPP vehicles.

These vehicles did not appear to be responding to some emergency situation. Some were not even cruisers.

On at least two occasions, the OPP vehicle that sped past was seen further up the road, monitoring (or preparing to monitor) traffic speeds with radar. I just hope they didn't ticket any motorists for driving at the same speed that they drove at to get to their monitoring station.

There have been suggestions that, since some drivers do not have the ability to drive safely at higher speeds, the speed limits should stay where they are, or even be lowered. The logic escapes me.

Why should motorists who can drive safely at speeds higher than today's posted limits continue to be branded as lawbreakers simply because there are people who can't?
Neil Embree, Bond Head

I am a retired police officer who spent 30 years with the RCMP. I am sorry to see peace officers acting as judge and executioner. This is not the kind of situation that the police should find themselves in. This is, after all, Canada and the 21st century. There are other options available and let the courts hand down the punishment.

To improve traffic safety in Ontario I have a few suggestions for legislators, ministry workers and the police:

Lower the speed limit in residential neighbourhoods to 40 km/h or even 30 km/h and implement stringent enforcement programs.

Where applicable, raise the speed limit on provincial highways to 100 km/h, the pre-1975 level, and on certain 400-series highways to the European norm of 130 km/h. On this issue, the majority of Ontario drivers have already voted with their right foot.

Once the speed limits have been increased to reasonable limits, implement photo radar, but this time without the van and operator. The radar and cameras should be installed on structures across the highway, cover all lanes and be set at a reasonable "over" limit. They will be a great deterrent and a great source of revenue.

Increase the number of unmarked cruisers and equip them with video cameras. These stealth vehicles have a very high success rate on the autobahn in picking off irresponsible drivers and "street racers." They are also a great source of revenue for public coffers.

Ban the use of mobile phones. Hands free might be an option.

For the Ministry of Transport: Please correct the highway exits signs. Place the destination name where the arrows are pointed. Jim Kenzie also commented on these strange signs when they were first introduced by the Harris government. Out of province drivers are confused by these signs.
Hans-G. Fracke, Uxbridge

So Kenzie thinks that the police should have no powers to stop people doing what they want, when they want to, just because they haven't had their "day in court."

Does he think that drunk drivers should be allowed to pour themselves back into their cars and go on their merry way just because a judge hasn't yet pronounced on their case?

What an asinine idiot! Both he and the Star owe the public an apology for their rank irresponsibility in letting such drek pollute a once respected newspaper.
Barry Epstein, Kagawong

Two weeks ago, two of my friends were killed in a car accident. The driver was drunk. He was not racing. He was drunk.

Mr. Fantino, you should stop focusing on street racers and focus on our RIDE programs. Instead of coming up with new ideas to penalize and accuse drivers for "street racing," maybe if you looked at the drunks out on our streets today, it would make a significant change.

Are you doing this for media attention? Are you doing this because you know the media loves stories on street racing?
Atif Halim, Toronto

A note to Kyle Leppert of Dundas, who writes that "I'm a 21-year old male ... I travel the same 140 km/h everyone else does on the morning highway commute."

Don't know what route you have been taking to work in the morning, Kyle, or what crowd you have been running with, but I can tell you that on my route, the average speed morning or night on weekdays is 110 km/h in the right lane, 120 in the middle and 125-130 in the left.

How do I know this? I have been commuting this route for 20 years. Also, I use cruise control, set at 130 km/h (!), and use the left lane only to pass.

Driving at that pre-set speed continuously whenever traffic and weather conditions permit, my experience shows I am consistently able to pass 99 per cent of the vehicles in both the middle and right lanes. Not blow by them mind, just pass smoothly at a pace that allows me to gauge their speed.

What's more, I am rarely being passed myself, perhaps only three or four times on an average run on a 70 km stretch of the 401.

So I'm sorry but neither you, Jim Kenzie (who believes the average speed is 130 km/h) nor any of the other Wheels readers who have claimed they are only doing the "average speed," will ever convince me that you are in the majority when it comes to 400-series drivers.

I'm not saying slow right down; just don't treat other drivers like they're some kind of intolerable nuisance out to ruin your day.
Derry McDonell, Port Hope

Julian Fantino states that "the OPP doesn't set the speed limits – we just enforce them." Nothing could be farther from the truth. The OPP enforce what they want to enforce – and that is usually 20 km/h over the posted limit.

If the police were to enforce the speed limits to the letter of the law, as Mr. Fantino suggests they do, there would be an outcry of apocalyptic portions.

There is a saying that bad laws weaken the good laws. Speed limits in general, and the new "street racing" law in particular, are two very unfortunate examples of bad laws weakening the good ones.
Alan Rogers, Mississauga

My, someone finally has the guts to state the obvious flaws with this law.

First of all, it metes out punishment without means of recourse in the form of monetary penalties in the short term and additional penalties in the long term, should one to be found innocent.

So, if someone charged under this law, who has to pay the towing, storage fees and has his record marred by a suspension, were to be proven innocent for whatever reason and the charge retracted by the court, there is no way for the victim to recover his monetary losses.

What part of that flaw do Mr. Fantino and the elected officials not fathom?

Secondly, every person driving over 100 km/h is breaking the law. Why is there not as strenuous a form of enforcement applied to these "criminals?" Why is it that at 150 km/h one is a street racer and at 145 km/h, well we're just keeping up with traffic?

What happens in the difference of 5 km/h that transforms the vehicle into a racing machine and the driver into a racer?

What is required is a proportional application of the fine and suspension terms in the law in graduated intervals starting at 101 km/h (one day suspension, fine and a day impound) and ending at 150 km/h with the maximum applicable penalty.

This will actually allow the police to have some credibility when applying the law, and prevent infantile retorts and calls to emotion in future responses by representatives of Toronto's finest. In addition it will allow them to consistently apply a law, as laws are meant to be applied and we will see a measurable result.
S. Bains, Toronto

While Mr. Fantino rightly points out that the OPP does not set the speed limits, they sure do know where it is that they can catch people breaking the law.

The other day we were driving on a 25-kilometre stretch of county road, straight as an arrow, flat, all paved, and posted at 80 km/h. Near the end, where the road goes slightly downhill, the speed drops to 50 km/h as it heads into an area where a few houses have been built.

Exactly at the point where the limit changes was the OPP officer together with a tow truck, all set up to nab speeders under the new "racers" law.

He likely had no shortage of customers, perhaps some doing 50 km/h over the limit, but it was almost impossible to not speed in that section and the officer knew it.

The OPP action did not pass the "smell test" and their actions diminish their efforts to reduce speeding.
Stan Corbett, Port Severn

I travel the Toronto-London stretch everyday in my speed governed truck (110 km/h) and I am sick of seeing the long arm of the law, our friendly black-and-whites, blowing by me like I'm standing still.

Now you tell me how he can preach one set of rules for us but he can't even keep his own constables under control?

I once got a speeding ticket for doing 15 km/h over the speed limit. The very next day I was passed by an officer on the same stretch (I was going the same speed as the day before) like I was standing still, and then caught up with him on an off ramp talking on a cell phone.

So if Julian Fantino wants to take anyone for a ride along I'll be happy to go with him and bust irresponsible drivers all day long, starting with his own!

Jesse Fougere, Kitchener

Congratulations to Jim Kenzie on the occasion of his `Silver Anniversary' with the Star.

Jim's column was well written, insightful, and straight up. Heck, it was even funny in places – classic Jim Kenzie.

Of course, the Commissioner missed the satire and his reply completely ignored the serious points (statistical fudging, civil rights, inappropriate speed limits) that were the heart of Jim's column.

Worse yet, Mr. Fantino wrote, "the OPP doesn't set the speed limits – we just enforce them!" That is absolute and utter rubbish, and we all know it, sir.

Each OPP officer sets their own speed limit – which is a variable, hovering somewhere between 115 km/h and 120 km/h – and then they choose to selectively enforce it.

Has anyone even heard of a ticket for 10-over on a 400-series highway on a nice day? Of course not. The 100 km/h posted limit is not enforced, so now it's just a crap-shoot as to how fast is too fast, and the OPP are rolling loaded dice.

If Mr. Fantino wants to call Kenzie irresponsible and irrational, so be it. In my observation, Mr. Fantino is turning the highway-patrol section of the OPP into a thuggish organization revelling in newly blacked-out Darth-Vader-class battleships, laser weapons, and million-dollar air-support.

Under his guidance, each highway patrol officer is over authorized, and I believe they are currently operating outside of the Charter of Rights.

Citizens must police the Police, and we desperately need people like Jim Kenzie to make us all think a bit harder about the legal ramifications of driving in today's Ontario.

I look forward to reading the next 25 years of his writings.
M.J. Elston, Toronto

Jim Kenzie concluded his May 31 column with, "will the next 25 years bring even more progression? Cars that are even safer. Faster. Cleaner. More fun. I hope I live long enough to enjoy them."

Not if he has a 150 km/h accident in that '77 Hornet he still drives.
Ralph Ashford, Brighton

I wanted to write a long-winded diatribe about how utterly brilliant Jim Kenzie's article was and citing various examples to bolster his point (of which there are many, including questionable practices by our own OPP) but I can't.

The article was just too good, too true and too relevant.

An excellent read. Let's hope the right people read it and that it ushers in some change on this ridiculous law.

Not likely, I know, but one can hope that common sense will triumph over stupidity.
Adam Allen, Markham

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