A story in the digital journal says Ontario’s new stunt racing law, which is applied against drivers exceeding the speed limit by 50 km/h, has been declared unconstitutional in court.
The article says an appeal by a 62-year-old woman who was charged after she attempted to pass a transport truck resulted in a ruling in the Napanee, Ontario, Court of Justice on September 4 that the stunt law automatically convicts people through an "absolute liability" rule, and since that can result in jail time, it’s unconstitutional. There is no way to defend yourself against the charge once the facts have been proven — in other words, you can say, "My throttle jammed open," but you’re still going to jail — so the law is not constitional.
Ontario’s stunt law gives police the right to seize vehicles, issue very high fines, and suspend driver’s licences, and there is no way to appeal those decisions by police. The law is generally used in cases where a speeder was going 50 kim/h over the limit.
The judge’s ruling does not prevent police from handing out tickets for stunting, but according to the digital journal story , a successful appeal of another stunting case could throw that one right out of the books forever.
Sorry to say it, but I don’t think this decision will survive a further appeal.
This will only get changed if politicians change the regulations.
Sorry; let me clarify A farm truck going 70kph in an 80 zone there’s four or five cars behind him doing 70, so you go out to pass, myself, I would do this as quickly as possible,so you step on it and by the time you pull back into the lane you’re doing 130. A cop comes around the next corner just as your pulling in and charges you with STUNTING?
Umm, I don’t agree with the application of the law either, but, why do your friends need to drive more than 50 over the limit while “passing slow moving farmers on country roads”?
There is a God…. I’ve been waiting for someone like Clayton Ruby to be charged and step up to the plate, on this one. We all know who this is aimed at and I’m tired of hearing about friends in pickups charged with stunting for passing slow moving farmers on country roads