OPP Officer Charged After Cruiser He Operates Hits 76-Year-Old Pedestrian

Update:       

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An Ontario Provincial Police (O.P.P) officer is facing a charge, pursuant to the HTA after a 76-year-old Wiarton resident was hit while crossing the street at the intersection of William and Berford Street.

 

The incident giving rise to the charge occurred on January 15, 2012 at 2:00 p.m. in broad daylight.

 

Bruce Peninsula O.P.P investigated and found that an officer, operating a fully marked cruiser, struck the 76-year-old gentleman.

 

The victim suffered minor injuries during the collision and was taken to the hospital where he was both treated and released.

 

As a result of a thorough investigation in the collision, OPP have charged Sergeant David Tewkesbury, a 29 year member of the Service, with “Failing to Yield to A Pedestrian” contrary to section 144(7) of the Highway Traffic Act.


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Traffic Control Signals and Pedestrian Control Signals

144.  (1)  In this section,

“driver” includes an operator of a street car; (“conducteur”)

“emergency vehicle” means,

(a) a vehicle while used by a person in the lawful performance of his or her duties as a police officer, on which a siren is continuously sounding and from which intermittent flashes of red light or red and blue light are visible in all directions, or

(b) either of the following vehicles, on which a siren is continuously sounding and from which intermittent flashes of red light are visible in all directions:

(i) a fire department vehicle while proceeding to a fire or responding to, but not while returning from, a fire alarm or other emergency call, or

(ii) an ambulance while responding to an emergency call or being used to transport a patient or injured person in an emergency situation; (“véhicule de secours”)

“intersection” includes any portion of a highway indicated by markings on the surface of the roadway as a crossing place for pedestrians; (“intersection”)

“pedestrian” includes a person in a wheelchair; (“piéton”)

“vehicle” includes a street car. (“véhicule”) R.S.O. 1990, c. H.8, s. 144 (1); 2007, c. 13, s. 18; 2009, c. 5, s. 44 (1).

(2), (3)  Repealed. See: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 – December 31, 2011.

(4)  Spent: R.S.O. 1990, c. H.8, s. 144 (4).

Where to stop – intersection

(5)  A driver who is directed by a traffic control signal erected at an intersection to stop his or her vehicle shall stop,

(a) at the sign or roadway marking indicating where the stop is to be made;

(b) if there is no sign or marking, immediately before entering the nearest crosswalk; or

(c) if there is no sign, marking or crosswalk, immediately before entering the intersection. R.S.O. 1990, c. H.8, s. 144 (5); 2006, c. 19, Sched. T, s. 6 (1).

Where to stop – non-intersection

(6)  A driver who is directed by a traffic control signal erected at a location other than at an intersection to stop his or her vehicle shall stop,

(a) at the sign or roadway marking indicating where the stop is to be made;

(b) if there is no sign or marking, immediately before entering the nearest crosswalk; or

(c) if there is no sign, marking or crosswalk, not less than five metres before the nearest traffic control signal. R.S.O. 1990, c. H.8, s. 144 (6); 2006, c. 19, Sched. T, s. 6 (2).

Yielding to pedestrians

(7)  When under this section a driver is permitted to proceed, the driver shall yield the right of way to pedestrians lawfully within a crosswalk. R.S.O. 1990, c. H.8, s. 144 (7).

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