The Ontario Government has introduced Bill 241 designed to improve road safety in the province. The intent of this bill is admirable: to make our roads safer for all citizens. The proposed bill does contain some good ideas, including: Mandating booster seats for children, increased fines for speeding in construction zones, and legislating the left lane for passing only.
Hidden within Bill 241 however, is section 172.2 that will directly effect those of us who enjoy modifying vehicles. This section, introduced to stop illegal street-racing, is so vaguely worded it could ban all modified cars from Ontario roads. The offending portion reads as follows:
172.2 (1) No person shall drive or permit to be driven on a highway a motor vehicle with a prescribed part, containing a prescribed substance or equipped with perscribed equipment in perscribed circumstances.
Parts 2 through 8 describe the methods available to the police to enforce this legislation, the penalties and the evidence required.
172.2 (9) the Lieutenant Governor in council may make regulations,
(a) perscribing substances, parts and equipment commonly used in racing for the purpose of this section;
(b) perscribing circumstances for the purpose of subsection (1);
(c) exempting any class of persons or vehicles from any requirement or provision of this section or of any regulation made under this section, perscribing conditions for any such exemptions and perscribing different requirements for different classes of persons or vehicles
In essence, if Bill 241 is passed as written, it will allow the Lieutenant Governor of Ontario to decide which items are illegal without consultation. Ontario citizens will not be allowed to drive any vehicles that feature items on the government's 'Black List', regardless of whether the driver is a street racer or not. The vague wording of this section means that potentially any changes made to your vehicle may be deemed illegal once this bill has been passed.
I could be fined, jailed & have my equipment deystroyed?
If this legislation passes, you will be at risk of being fined, jailed, and having the offending equipment ripped off your vehicle and destroyed. A portion of Bill 241 states:
(2) A police officer exercising his or her powers under section 82 may take or cause to be taken a sample of any substance from a motor vehicle to determine whether or not the motor vehicle contains a prescribed substance.
(3) A police officer exercising his or her powers under section 82 may,
(a) remove any prescribed substance, part or equipment from a vehicle and dispose of them, or cause their removal and disposal, at the cost and risk of the driver and owner, who are jointly and severally liable; or order the driver or owner of the vehicle to remove any prescribed substance, part or equipment from a vehicle and disposed of appropriately.
If those items "commonly used in racing" are found on your vehicle you will be presumed guilty of street racing, and either fined a minimum of $200 up to a maximum of $1,000; or receive up to 6 months in jail; or both. This is in addition to having those items removed from your vehicle and destroyed.
Does having a roll cage in your vehicle make you a street racer? What about 5 point seat belts? Fire extinguishers? Will the Ontario government punish Ontario drivers for making their vehicles safer than when they came from the factory?
The effects of Bill 241's section 172.2 on law abiding enthusiasts and businesses will be considerable. This legislation has the potential to do the exact opposite of it's stated goal of stopping street racing.
Weekend enthusiasts unable to drive their vehicles to the track, will be forced to buy trailers or sell their cars. Fewer racers will cause some racetracks, and organizations, to go out of business. Racers unable to legally race their vehicles will be more tempted to street race.
This bill will not stop street racing. There is nothing to stop someone from racing their parents bone-stock commuter car. Rental cars are also perfectly good street racing vehicles, and we won't even discuss stolen vehicles.
What can we do about this proposed legislation?
It's time to make our voices heard! You can start by signing an online petition. This is a good start, but online petitions are not taken as seriously by politicians as the direct voices of the people who elect them.
Write your MPP and tell them how you feel. Don't know who your Member of Provincial Parliament is? No problem, just visit: Elections Ontario, where you can find the name and address of your M.P.P. Politely and thoughtfully write, fax or e-mail your concerns and opinions now, before it is too late.
Who to Contact:
Hon. Norm Sterling, M.P.P.
Transportation Minister
77 Wellesley St., Third Floor
Ferguson Block
Toronto ON M7A 1Z8
T: 416-327-9200
F: 416-327-9188
E:
norm_sterling@ontla.ola.org Hon. Ernie Eves
Premier of Ontario
Main Legislative Building
Room 281,
Toronto ON M7A 1A1
T: 416-325-1941
F: 416-325-3745
E:
webprem@gov.on.caYour Member of Provincial Parliament
Find your MPP online at Elections Ontario
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