Archive for the “Interesting Information” Category

May 20 2013

U.S.: Hospitality Industry Fear Harsh Drink-driving Laws Proposed (0.05 BAC)

Posted by Admin in Driving News, Interesting Information, New Laws

Restaurants are worried about the possibility of these new laws being implemented and the potential exposure that they may face.

see source

Imagine having a drink with dinner at a restaurant only to be pulled over on the way home and slapped with a DUI. That could happen under a proposed plan to toughen the drunk driving laws across the country, and it has restaurateurs alarmed.

The National Transportation Safety Board wants states to make it illegal to drive with a blood-alcohol content level above 0.05. Currently all U.S. states set the limit at 0.08. For some people, the lower level could mean no more than a glass of wine.

“It would have a devastating impact on the restaurant industry,” said Sarah Longwell, the managing director of the American Beverage Institute.

With a limit as low as 0.05, social drinkers would be the ones most likely to cut back when they go out to eat, she said. “You basically take away a part of the experience of dining out. When you take that element away, you take away some of the magic, the ambiance of a night out,” Longwell said.

“It could have a chilling effect on sales,” said Paul Gatza, the director of the Brewers Association, a trade group that represents small American brewers. For restaurants that serve alcohol, beer sales generally account for about 10 to 20 percent of their revenue while wine and spirits make up another 10 to 20 percent, Gatza said.

The whole hospitality industry will take a hit, Longwell said. “It impacts servers, bartenders, suppliers, ” Longwell said.

The new blood-alcohol proposal is based on research that shows impairment begins with the first drink. “The research clearly shows that drivers with a BAC above 0.05 are impaired and at a significantly greater risk of being involved in a crash where someone is killed or injured,” NTSB Chairman Deborah A.P. Hersman said Tuesday in announcing the proposal.

More than 100 countries already have BAC limits at 0.05 or lower, according to the NTSB.

The NTSB is targeting the annual rate of 10,000 fatalities caused by drunk drivers, but reducing the blood alcohol level fails to impact the heavy drinkers who drive above the 0.15 percent level and who are responsible for over 70 percent of drunk-driving fatalities, according to American Beverage Institute numbers. “It will have a tremendous impact on the moderate social drinker and almost no impact on the hard-core drinkers,” Longwell said.

The Distilled Spirits Council echoed that sentiment. “We join with other organizations, including those engaged in traffic safety, in maintaining our strong support for the strict enforcement of the .08 BAC level and continuing the fight against hardcore drunk drivers. Progress has been made in decreasing alcohol-related traffic fatalities. Reducing the BAC level will not be an effective strategy,” the council said in a statement.

Even Mothers Against Drunk Driving said Tuesday it appreciates the NTSB’s attention to the issue, but will keep its own advocacy focused on its Campaign to Eliminate Drunk Driving, which backs the current .08 limit, calls for high-profile law enforcement and in-car breathalyzers for offenders.

One sector the new level would help is retail sales of alcohol, said Libby Bierman, an analyst at Sageworks, a private-company data expert firm. “It might encourage people to drink at home or pick up something and take to a friend’s house,” she said.

Beer, wine and liquor store profits have been on the upswing since 2009, according to the Sageworks data collected from private companies across the U.S. “This whole industry has always done well, even during the recession,” Bierman said.

Overall, the private beer, wine and liquor stores never dipped into the red like many other industries during the worst of the recession. They posted a 0.87 percent net profit margin in 2009 and that climbed to 2.88 percent for 2012, according to Sageworks’ numbers.

The NTSB plan was proposed Tuesday along with other enforcement measures including the use of in-vehicle drunk-detection technology and targeting of repeat offenders. States have the power to set their own blood-alcohol limits, which have all remained at .08 since 2004. The NTSB first issued the .08 recommendation in 1982. The amount of alcohol required for intoxication varies among individuals based on weight, tolerance and other factors.

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May 20 2013

Australia: Queensland to Force 75-Year-Old Driver’s To Submit to Yearly Medical Examinations

Posted by Admin in Interesting Information, New/Updated Laws

Update:

see source

Australia’s state government of Queensland has laid down a new set of changes to securing and renewing driver licenses for old-timer and new entrant drivers.

Effective before end of 2013, drivers aged 75 years old and above would have to undergo yearly medical examinations and secure medical certificates as part of requirements to renew their drivers’ licenses.

According to an earlier report by The Courier Mail, Queensland has about 160,000 licensed drivers aged 75 years old and above as of June 2011. The state government predicts the figure to grow in 2021 by 75 per cent.

“The reality is, it’s not just going to be about issuing a medical certificate or not,” Transport Minister Scott Emerson over the weekend.

“It could be that doctors could issue a medical certificate with certain restrictions, such as limiting the number of hours that someone can drive during the day, or even limiting the distance they can drive.

“I believe this is a sensible change to protect older drivers, particularly as the population ages.”

More Rigorous Tests for First-Timers

New entrant drivers meantime will be faced with rigorous tests concerning skills and attitudes tests on high-risk manoeuvres.

Mr Emerson noted younger drivers are more at risk so they have to be better and more prepared and educated when it comes to fatalities on our roads.

“Last year 84 young drivers aged 16 to 24 were involved in fatal crashes – five ahead of the previous year,” he said.

Greg Urbahn, an instructor for Indooroopilly Driving School, lauded the new reforms, noting that many young drivers don’t know how to merge safely at high speeds.

“Reverse parking is a key part of the test (at the moment) but no one can get maimed or killed by that action,” Mr Urbahn told Herald Sun.

Driving test officers will check on entrant’s high-risk manoeuvres, such as merging at high speeds and turning across oncoming traffic.

The pilot for the new test will take effect by mid-2014.

The extreme changes for old and new, young drivers were part of recommendations pushed by an expert panel, which include an overhaul of the Q-Safe driving test.

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May 19 2013

Virginia: Elderly Driver Plows Into Trail Days Festival Parade, Injures Up to 60 Hikers in Parade

Posted by Admin in Bicycle/Pedestrian News, Driving News, Interesting Information

Update:

Bystanders helped people injured after a car, at right, struck marchers in the annual Hikers Parade in Damascus, Va. Earl Neikirk/Bristol Herald Courier, via Associated Press

see source

RICHMOND, Va. – A car driven by an elderly man who may have lost consciousness plowed through a small-town parade of hiking enthusiasts in southwestern Virginia on Saturday, injuring dozens of people, nine seriously enough to be sent to hospitals, authorities said.

The incident occurred in the Appalachian town of Damascus at the start of the annual Trail Days festival, as the main street was filled with hikers making their way from one end of town to a park at the other, volunteer fire department chief Ben Sanders told Reuters.

Sanders said investigators were uncertain what caused the collision between the automobile and the parade, but it appeared that the elderly man behind the wheel “passed out or had some medical issue, and he ran through the crowd with his car.”

None of the injuries was believed to be life-threatening, Sanders added.

He said the motorist told authorities afterward he did not remember what had happened.

The director of emergency management for Washington County, Virginia, L.V. Pokey Harris, said 50 to 60 people in the parade were hurt, the majority of them suffering superficial injuries. Four victims were flown to hospitals by helicopter, and five others were transported by ambulance, she said.

Steve Webb, who helps run a backpacking and outfitters store in town, said a number of hikers he spoke with afterward told him they saw bystanders lifting the runaway car off a person who had been dragged under the vehicle.

Webb said amateur video footage he saw of the accident showed “the car coming up behind the hikers and running through them,” adding that the automobile in question appeared to have pulled around an ambulance before plowing into the crowd.

The annual Trail Days festival draws thousands of tourists to Damascus for an event celebrating the town’s proximity to four scenic trails that converge there – the Appalachian Trail, U.S. Bicycle Route 76, the Iron Mountain Trail and the Virginia Creeper Trail.

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May 17 2013

Toronto: City Denies that Speed Limits are Set “Too Low” to Make it Easier to Issue Tickets: The Fixer

Posted by Admin in Driving News, Interesting Information

Update: see previous posts – April 1, 2013 Toronto: Police Speed Traps Rake in the Dough When Limits Are Too Low: The Fixer, July 9, 2012 Radar Traps in Toronto, July 3, 2012 Texas Woman Arrested for Warning Drivers About Speed Trap, November 19, 2011 Auto Insurance Increases After Speeding Ticket Conviction (15 km/h over – No demerit points), September 11, 2011 Warning Other Driver’s of Radar Traps is Legal in Ontario, July 20, 2011 Guelph Man Ticketted After Warning Other Driver’s of Police Radar, December 28, 2010 Texas Man Warns Motorists of Upcoming Radar Traps, November 21, 2010 Photo Radar – Ontario Liberals are Re-Introducing it into the Highway Traffic Act, September 2, 2010 Toronto – Radar Trap Central, December 26, 2009 Revealing radar traps to other Motorists, is this act illegal?

Police officer writing up a speeding ticket for the operator of a vehicle that he picked up on his radar unit.. Speed limits are often set 10 to 15 kph lower than they should be, which means drivers moving at the natural speed of traffic are an easy target for a cop with a radar gun, says traffic safety expert James Walker.
The city says speed limits are not deliberately set lower than they should be, to make it easier for police officers, like this one clocking vehicles on Dundas Street West., to issue very expensive (with demerit points attached) speeding tickets.

see source

Are speed limits deliberately set lower than they should be to make it easier for police to issue tickets as a means of generating revenue?

It depends on who you believe.

The city says no, but it’s unlikely anyone would own up to it, even if they were.

The 85th percentile speed of the natural flow of traffic is used as the benchmark to set speed limits in Toronto, says Jacqueline White, an acting director of transportation services.

Police officer writes up a speeding ticket for a motorist caught in a radar trap. A transportation services official concedes that setting of speed limits can be influenced by community pressure.

And radar speed traps “are absolutely not a factor” in determining the right speed for any street, said White, adding ticket revenue is never considered.

That doesn’t square with the opinion of traffic safety expert James Walker, who says speed limits are deliberately set too low across North America, to make speeders out of otherwise law-abiding drivers.

Walker, a board member of the National Motorists Association, says speed limits are often set 10 km/h to 15 km/h lower than the natural speed of 85 per cent of traffic, partly to generate ticket revenue.

We’ve been writing about speed trap fishing holes set up by police in places where it is easy to reel in drivers going about 15 km/h over the limit, just enough to qualify for a ticket.

More from thestar.com:

Police speed traps rake in the dough when limits are too low.

Readers think police focus speed traps on fishing holes.

Our online map of GTA fishing holes, as identified by drivers, has been a big hit, and we want readers to check it out and let us know about any locations that we’ve missed, so we can add them to the map.

It raises questions about the considerations in the setting of speed limits, but White said the city usually uses the 85th percentile speed, as identified in traffic surveys, as the basis for setting limits.

Walker says traffic studies consistently show that limits are lower than the 85th percentile speed, which would reduce accidents and make roads safer if it was consistently used to set speed limits.

He notes that in many places, local government is pressured by communities to lower speed limits, which is OK on residential streets but not on arterial roads with more traffic.

In U.S. communities where speed limits have been increased — a rare occurrence — he said the number of accidents has consistently gone down.

White conceded that far more speed limits in Toronto have been lowered than raised, mainly due to community demands, and that she can recall only one instance of where one was increased, about 10 years ago in Etobicoke.

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May 16 2013

Ontario: If Your Vehicle is Seized and Impounded – Questions and Answers

Posted by Admin in Driving News, Interesting Information, New/Updated Laws

Update:

see source

Vehicle Impoundment Program – It’s Your Vehicle, Your Responsibility

Under the vehicle impoundment program, all vehicle owners will have a greater responsibility for ensuring that every person driving their vehicle has a valid driver’s licence.

Don’t let a suspended driver behind the wheel.
Check for a driver’s licence validity online.

Tough Measures for Suspended and Impaired Drivers

Photo of car being impounded Ontario’s Vehicle Impoundment Programs are aimed at making the province’s roads safer.

In Ontario, drivers who operate a motor vehicle while under licence suspension can face one of two kinds of impoundment:

Vehicles driven in Ontario by persons apprehended for driving while their licence is suspended for a Criminal Code conviction will be impounded for a minimum of 45 days;
Effective December 1, 2010, drivers caught driving with a driver’s licence that is already under a specific Highway Traffic Act (HTA) suspension(s) – including default of family support, but not including suspensions for defaulted fines or medical conditions* will have the vehicle they are driving impounded for seven days.

Also effective December 1, 2010: Impoundments for:

Drivers required to have a vehicle ignition interlock device and who are caught driving without such a device; and
All drivers caught with a blood alcohol concentration (BAC) over 0.08 or who fail/refuse to comply with a demand (to provide a breath sample) made by a police officer under the Criminal Code of Canada (CCC).

These are in addition to the existing 7-day impoundment for drivers engaged in a race, stunt or contest on Ontario’s roads.

A series of helpful questions and answers are provided below to help explain how these two kinds of impoundments (Criminal Code and 7-Day) work:

Questions & Answers:

Driving While Under Criminal Code Suspension

How does the Vehicle Impoundment Program work for drivers caught operating a vehicle under a suspension for a Criminal Code conviction?

A driver caught driving while his/her licence is suspended for a Criminal Code conviction will be given an impoundment notice (issued by the Registrar of Motor Vehicles) by a police officer. The vehicle will immediately be towed to an impound yard for a minimum of 45 days. The vehicle owner or plate holder must pay the towing and storage costs before the vehicle is released at the end of the impoundment period.

Why was this Criminal Code impoundment program created?

Drivers who continue to drive while their licence has been suspended for a Criminal Code conviction show no regard for the law and put others at risk. In 2009, the Ontario Ministry of Transportation recorded almost 19,000 motor vehicle-related Criminal Code convictions. Most of those convictions were related to drinking and driving. Other convictions included driving while disqualified and fail to remain at the scene of a collision.

Who can have their vehicle impounded?

Any person caught driving while suspended in Ontario for a Criminal Code conviction will have the vehicle he/she is driving impounded. Regardless of whether the vehicle is borrowed from a friend or family member, used for business or employment purposes, rented or leased, the vehicle will be impounded. This program applies to all motor vehicle types including passenger vehicles, motorcycles, trucks and buses.

How much will it cost to get my vehicle back?

Vehicle owners/plate holders are liable for towing and storage costs and can expect to pay up to $1,800 for a 45-day impoundment period. In addition, suspended drivers may face fines ranging from $5,000 to $50,000 if convicted under the Highway Traffic Act for driving under a Criminal Code suspension.

Can I appeal the impoundment?

Yes, a vehicle owner/plate holder can appeal an impoundment on the following grounds:

Vehicle was stolen at the time of the impoundment;
Driver was not under a Criminal Code suspension;
Vehicle owner/plate holder exercised all reasonable efforts (i.e. due diligence) to ensure
that the driver had a valid driver’s licence; or
Loss of the vehicle would result in exceptional hardship.

There is a $100 fee to file an appeal. In the event of a successful appeal, any towing and storage costs will be refunded. The filing fee to the License Appeal Tribunal is non-refundable.

What are my responsibilities as a vehicle owner/plate holder?

You are responsible for taking all reasonable steps, depending on your particular situation, to ensure that every person who drives your vehicle has a valid driver’s licence. To verify a valid driver’s licence through the Ministry of Transportation (MTO):

Call 1-900-565-6555 for an automated service. A cost of $2.50 per check will be charged to your phone bill. Please have the driver’s licence number ready; or
Access MTO’s website. Users may check more than one driver’s licence number at $2.00 per
check payable by MasterCard or Visa; or
Obtain a driver’s abstract at MTO’s Driver & Vehicle Licence Issuing Offices ($12.00 per abstract)

What information is provided by MTO’s automated driver licence check services?

The automated telephone and internet services provide information on the validity of a driver’s licence as well as a verification number confirming a valid response. A valid response means that the driver’s licence is not under suspension, is not expired, or has not been cancelled. Effective December 2002, this verification includes whether a driver has an ignition interlock condition on his or her driver’s licence.

Q&A: 7-Day Vehicle Impoundment Programs

What are the 7-Day Vehicle Impoundment Programs?

Under the Road Safety Act, 2009, three new seven-day vehicle impoundments are effective December 1, 2010. These are in addition to the 7-day impoundment for drivers engaged in a race, stunt or contest on Ontario’s roads and include:

Drivers caught driving with a driver’s licence that is already under specific HTA suspension(s) – including those related to default of family support, failure to complete remedial measures, “warn range” (0.05 – 0.08 Blood Alcohol Concentration), Novice Driver Escalating Sanctions Program, demerit point accumulations, and careless driving – but not including suspensions for defaulted fines or medical conditions;
Drivers required to have a vehicle ignition interlock device and are found driving without such a device; and
Drivers with a blood alcohol concentration (BAC) over .08 (or who fail/refuse to comply with a demand made by a police officer under S. 254 of the Criminal Code)

Who can have their vehicle impounded?

Vehicle impoundment will apply to drivers suspended under Ontario’s Highway Traffic Act and its regulations. Drivers licensed in Ontario, unlicensed drivers, and drivers who are licensed by an out-of-province jurisdiction and are suspended from driving in Ontario are subject to impoundment.

Similarly, vehicle impoundment will apply to drivers with an ignition interlock condition under Ontario’s Highway Traffic Act and its regulations.

All drivers, regardless of licensing jurisdiction or status are subject to impoundment under the new legislation if they are caught driving with a BAC over 80 mg or refuse to comply with a demand made by an officer under the Criminal Code.

Why is the government introducing these new impoundments?

There is a growing problem of suspended drivers who are continuing to drive. Based on a review of Ontario data, it was determined that approximately 2,000 fatal and injury crashes occur each year involving unlicensed drivers (unlicensed being expired, never licensed, or suspended/revoked).

A 2005 U.S. study estimated that as many as three-quarters of suspended and revoked drivers continue to drive. Although they apparently drive less often, they are overrepresented in subsequent violations and are greatly overrepresented in fatal crashes.

Do these 7-day vehicle impoundments create additional revenue for the government?

Vehicle impoundment is an added sanction to the existing penalties. Payments for the associated costs (towing and storage) are not paid to the government.

It is estimated that as many as three-quarters of suspended drivers continue to drive. These drivers are much more likely to be involved in hit and run collisions.

Drivers suspended for reasons other than Criminal Code-related offences are five times more likely to attempt to flee the scene of a crash. Research also shows that drivers suspended for driving-related reasons are about two times more likely to violate driving laws than drivers with non-driving related suspensions.

How do these 7-day vehicle impoundments work?

Once the police officer has established that the vehicle is subject to impoundment the driver will be given an impoundment notice by the officer. The vehicle will then be immediately towed to an impound yard for 7 days. The vehicle owner must pay the towing and storage costs before the vehicle is released.

What is the exact process to get a vehicle out of impound?

These impoundments take place under police authority and they are not reported to MTO. As such, MTO is not involved in the release process. The way in which impounded vehicles will be released may vary among police services. It is important for drivers and vehicle owners to get release information and instructions from the police officer or police service that impounded the motor vehicle..

What are my responsibilities as a vehicle owner?

Even if the driver is not the vehicle owner, the vehicle will be impounded. If the driver is not the vehicle owner, the vehicle owner is notified by police and must pay all towing and storage fees to get their vehicle back at the end of the seven-day impoundment period. The vehicle owner may attempt to recover these costs from the driver through the courts. Our message is clear: if you are going to lend your vehicle to anyone, make sure they have a valid licence.

Call 1-900-565-6555 for an automated service. A cost of $2.50 per check will be charged to your phone bill. Please have the driver’s licence number ready; or
Access MTO’s website. Users may check more than one driver’s licence number at $2.00 per check payable by Mastercard or Visa; or
Obtain a driver’s abstract at MTO’s Driver & Vehicle Licence Issuing Offices or ServiceOntario kiosks. The fee is $12 per abstract.

Both the automated telephone and web service will provide a response of “valid – ignition interlock require” if the driver requires an approved ignition interlock device to legally operate a motor vehicle. A driver’s abstract will also indicate if the driver is subject to an ignition interlock condition for driving.

Why is the impoundment period for 7 days?

Seven days is long enough to remove the immediate danger to other road users posed by these dangerous driving behaviours. In addition, it is sufficient time for the driver to consider the consequences of their actions.

Can drivers appeal these 7-day vehicle impoundments?

Ontario’s three new vehicle impoundment programs are comparatively short in length and therefore do not have an appeals process. This is also the case for Ontario’s seven-day street racing impoundments.

What is the alternate program for commercial vehicles under the new 7-day vehicle impoundments?

Good carriers check the licence status of their drivers regularly. However, if a licence status changes between checks, and the driver is caught, a carrier will face significant financial and operational burdens with a 7-day vehicle impoundment.

To address this concern, the ministry has introduced an alternate program for larger commercial vehicles. Under this program, if the operator of a commercial vehicle is caught driving under an HTA-related suspension, including default of family support, the vehicle will not be subject to a 7-day impoundment if the driver has been suspended for less than 100 days.

This provides a reasonable time for carriers to conduct regular quarterly licence checks on their drivers. All drivers will continue to be subject to existing sanctions (i.e. driving while under licence suspension) regardless of whether the vehicle is impounded.

The alternate program is limited in scope. Commercial vehicles will be subject to the 7-day impoundment under the following circumstances:

The driver’s licence has been suspended for 100 days or more;
The driver has a blood alcohol level over .08; or,
The driver is in violation of an ignition interlock requirement.

Regardless of whether the commercial vehicle is impounded, any driver operating under a licence suspension will not be permitted to continue their trip and will face additional sanctions (i.e. driving while under licence suspension).

Why is there an impound alternative for large commercial vehicles?

Carrier-related impound expenses can be much higher than those incurred by smaller vehicles. Typical towing and impoundment costs for these larger vehicles can run between $1,200 and $1,500. As well, there are logistical challenges and costs associated with sending a new driver and vehicle to complete the trip (only the motor vehicle is impounded, trailers may continue the trip).

There are also potential costs associated with replacing perishable cargo and equipment delayed by impoundment (e.g., livestock, cement mixer drum if concrete hardens), and the prospect of stranding passengers in the case of a bus impoundment.

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