CAN - Manitoba suspends photo radar in construction zones pending review

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Manitoba suspends photo radar in construction zones pending review

Last Updated: Thursday, May 7, 2009 | 9:01 AM CT

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The Manitoba government has decided to reconsider issuing photo radar tickets issued in construction zones, and whether it should refund fines already paid.

'I have to admit it appears to the public that it looks more like a fine and cash issue than safety one.'— Dave Chomiak, Manitoba attorney general

Attorney General Dave Chomiak said during question period in the Manitoba legislature on Wednesday there was a huge leap in the amount of speeding tickets issued in construction zones last year, compared to 2007. The number jumped from 3,000 to 60,000.
"We're going to sit down with the city and look at the issue of retroactivity. It is very clear, Mr. Speaker, that the credibility of photo radar and use by the city is on the line," Chomiak said. "I have to admit it appears to the public that it looks more like a fine and cash issue than safety one."

'To go from 3,000 to 60,000, I think, proves our point that this is simply not only just a cash grab, but there's no way that the vast majority of Manitobans were purposely breaking the law driving through those construction zones.'—Kelvin Goertzen, Manitoba Conservative justice critic

Photo radar is being removed from construction zones while the province and City of Winnipeg work to come up with another solution for safety there.
"We've asked the city today to stop, to stop using photo radar [in those zones]," said Chomiak.
Manitoba Conservative justice critic Kelvin Goertzen said he couldn't believe how high the numbers were when Chomiak announced them.
"Well, it's shocking. I actually had to turn to my colleague in the legislature and ask if I'd heard that correctly," he said. "To go from 3,000 to 60,000, I think, proves our point that this is simply not only just a cash grab, but there's no way that the vast majority of Manitobans were purposely breaking the law driving through those construction zones."
Under provincial law, the temporary speed limit in construction zones is 60 kilometres per hour. A sign declaring the temporary speed limit must be set up at the start of a construction zone as well as a notification of the return to the regular limit at the end.
Earlier this week, the province announced it was dropping about 860 outstanding tickets after learning of improper sign placement in construction zones where photo radar was being used.
A sign telling drivers of the lower speed had only been placed at the beginning of the construction zones.
However, Chomiak said at the time that people who already pleaded guilty and paid their fines wouldn't be getting a refund. Now, Chomiak is saying the government will sit down with the city to determine if and how refunds can be issued.
Tickets dismissed in court

Also up for review are tickets issued in construction zones when workers were not present. Earlier this year, provincial court judge Norm Sundstrom dismissed nine photo radar tickets issued in such cases.
Although the drivers had exceeded the 60 km/h limit, they were not going faster than the regular 80 km/h speed limit for that particular roadway. With no workers present, the regular speed limit should apply, Sundstrom ruled.
Manitoba's attorney general's office said it disagreed with that ruling and would continue to prosecute those tickets. On Wednesday, Chomiak said everything is being reconsidered.
Goertzen thinks the government's change of heart is due to public pressure and he is encouraging people to keep emailing and phoning their local politicians and the attorney general.

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City curbs use of photo radar in work areas

By PAUL TURENNE
Last Updated: 7th May 2009, 1:25am

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Photo radar will not be used in Winnipeg construction zones over the next few days as the city and province try to figure out a permanent policy for the technology's use.
NDP Justice Minister Dave Chomiak asked the city yesterday to stop using photo radar in construction zones -- enforcement will continue at light-controlled intersections, playgrounds and school zones -- until a new strategy for using it can be hammered out.
Huge spike
A spokesman for Mayor Sam Katz confirmed the city will comply.
Chomiak said the revelation of a huge spike in the number of construction zone tickets -- 60,000 in 2008 compared with 3,000 in 2007 -- convinced him the law respecting the use of photo radar needs to be changed, just one day after he said it didn't need changing.
"We want to reassure the public that we're doing it for safety, not money," Chomiak said. "We're going to have to restore confidence in the public in photo radar."
Manitoba's prosecutions branch dropped an appeal related to nine tickets that were thrown out of court in February.
The tickets were ruled invalid because no workers were present in the construction zone at the time.
The Crown was set to appeal that judgment, but decided to drop it after discovering signs designating the beginning an end of the construction zones were not clearly in place.
Therefore, the tickets were not valid.
The Crown still believes it's legal to use photo enforcement regardless of whether workers are present.
But Chomiak said the intent of the law is to promote safety, so he's decided to clarify the law to reflect that in determining the uses of photo radar.
Chomiak did not say when the law would be changed.

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Construction zone radar to resume

By: Bruce Owen
7/05/2009 4:05 PM | Comments: 7

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Attorney General Dave Chomiak said new regulations should be in place late Friday to allow police resume photo enforcement in construction zones.
Chomiak said the new rules will spell out that speed cameras can only be used when workers are present -- and if they are not, there has to be a specific safety risk to other drivers for police to enforce reduced speeds on weekends.
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There also has to be a proper sign in place telling drivers when they are entering a construction zone with a reduced speed and a second sign at the end of the construction zone telling drivers they can resume the posted speed limit.
Chomiak will discuss the matter tomorrow morning in a conference phone call with Mayor Sam Katz and Winnipeg Police Chief Keith McCaskill.
He said the new rules will be put into law as soon as cabinet signs an order-in-council by the end of tomorrow.
He also said the province and city now have to sell the safety merits of photo radar.
On the matter of possible refunds of drivers who paid off speeding fines, Chomiak said officials are looking at how it could be done and who would qualify.
A final decision might not be made for weeks.
bruce.owen@freepress.mb.ca