Highway Traffic Amendment Act

(Community Safety Zones), 1998 -

Designation of Community Safety Zones.

The Urban Environment and Development Committee recommends the adoption of the following report (July 6, 1998) from the City Solicitor:

Purpose:

This report provides information on new legislation which will shortly permit Council to designate portions of highways/streets as community safety zones.

Funding Sources, Financial Implications and Impact Statement:

The primary financial implication will be the cost of signs which must be posted to mark any community safety zones designated by by-law. The precise amount of the funds required will depend on the number and extent of community safety zones designated and the provincial regulations as to the signage required for each such zone.

Recommendations:

(1)That Transportation Services staff, in consultation with Members of Council, investigate and report to the Urban Environment and Development Committee in the fall of 1998, identifying locations in the City where the designation of community safety zones would likely be an effective measure to increase public safety; and

(2)that when the locations to be designated as community safety zones have been identified, the City Solicitor prepare the necessary Bill to effect the designations for presentation to Council.

Council Reference/Background/History:

The Highway Traffic Amendment Act (Community Safety Zones), 1998 was enacted by the Legislature and received Royal Assent on June 26, 1998. It is to come into force on a date to be named by proclamation, presently expected to be September 1, 1998.

Comments and/or Discussion and/or Justification:

When the Highway Traffic Act (Community Safety Zones), 1998 comes into force Council will have the legislative authority to enact by-laws designating any part of a highway under its jurisdiction as a "community safety zone", if Council is of the opinion that public safety is of special concern on such part of the highway. The law will require that the by-law specify the hours, days and months when the designation is to be in effect, and that signs be erected marking the community safety zone. The form of the sign is to be prescribed in regulations to be made this summer.

The effect of a by-law designating part of a highway as a community safety zone is to alter significantly the penalties applying to certain moving violations occurring on the portions of highways so designated. The fines for speeding violations will be doubled, as will the minimum fines for many other violations including:

-careless driving;

-racing motor vehicles on a highway;

-disobeying stop or yield sign;

-failing to yield the right-of-way to a pedestrian or person in a wheelchair in a pedestrian crossover;

-failing to signal before turning or changing lanes;

-failing to yield the right-of-way to a bus in a bus bay that has indicated intention to enter the lane of traffic;

-making a prohibited U-turn;

-disobeying portable traffic signals used during construction;

-passing on the right when prohibited;

-following too close; and

-driving the wrong way on a one-way street.

It should be noted that one of the legislative Bills introduced to implement the most recent Provincial Budget contains a provision to increase the minimum fine for failing to stop as required for an amber or red light to $150.00. The new Act will increase this minimum fine to $300.00.

The authority to be given to municipal councils by the Highway Traffic Amendment Act (Community Safety Zones) 1998, is much broader than was contemplated when the proposed legislation was first discussed. Originally, the new authority was to be limited to certain areas of the municipalities such as in the vicinity of schools. However, under the Act as passed Council may designate any part of a highway under its jurisdiction if, in Council's opinion, public safety is of special concern on such portion of the highway.

While the application of the Act is not restricted to specific areas of the City, such as on highways adjacent to schools, there are good reasons for Council to limit the number or types of situations in which community safety zones are designated. Under the Provincial Offences Act the justice of the peace or judge on sentencing has authority to relieve against minimum sentences. Justices of the peace and judges are more likely follow the intent of the legislation and reflect the increased minimum fines when imposing sentence if it can be shown that the designation has been applied sparingly and only where special conditions warrant.

If the Committee supports the development of a community safety zones by-law, it should adopt the recommendations in this report and direct the City Solicitor and the General Manager of Transportation Services to develop an appropriate by-law. On such direction the Transportation Services staff will work to identify locations in the City where designations of community safety zones would be effective measures to increase public safety. Members of Council are encouraged to work with staff in identifying such locations.

Conclusions:

The anticipated proclamation of the Highway Traffic Amendment Act (Community Safety Zones), 1998 later this summer will provide Council with an opportunity to increase public safety by designating community safety zones at appropriate locations in the City. To make best use of this opportunity, Council should direct the preparation of a community safety zone by-law and should direct Transportation Services staff to report to the Urban Environment and Development Committee in the fall identifying locations where the designation of community safety zones would likely be most effective in increasing public safety.

Contact Name:

Mr. George McQ. Bartlett, Director of Prosecutions, 392-6756, Fax: 392-0005.

The Urban Environment and Development Committee submits the following communication (July 8, 1998) from Councillor Frances Nunziata, York-Humber:

Please find attached a motion I would like to introduce at the next available meeting of the Urban Environment and Development committee, perhaps as an added starter to the meeting on July 13, 1998.

As well, I am enclosing a copy of the letter I received from the Minister of Transportation that is relevant to this particular motion.

Thank you.

(Motion dated July 8, 1998, referred toin the foregoing communication.)

Moved by:Councillor Nunziata

Seconded by:Councillor Prue

WHEREAS the Solicitor General and the Minister of Transportation introduced amendments to the Highway Traffic Act that will provide municipalities with the authority to establish special community safety zones, where fines for driving infractions will be doubled; and

WHEREAS the criteria for establishing these safety areas could include school zones, roads near children's parks, seniors' residences, day care centres and intersections that have reported a high incidence of traffic accidents; and

NOW THEREFORE BE IT RESOLVED THAT staff be directed to compile of a list of recommended safety zones throughout the City of Toronto based on the criteria as outlined above;

AND BE IT FURTHER RESOLVED THAT when the amendments to the Highway Traffic Act have been passed by the Legislature, Council establish these community safety zones throughout the City of Toronto, prominent signs be erected in these zones to warn drivers, and Council endorse the doubling of fines for driving infractions in these designated safety zones.

(Communication dated June 25, 1998, addressedto Councillor Frances Nunziata from theMinister of Transportation of Ontario.)

Thank you for your letters of March 18, 1998 and April 15, 1998, advocating the use of red light cameras at intersections.

This government is concerned with the serious safety hazards of aggressive driving behaviours such as red light running. In recognition of the public's interest in red light cameras, the Ministry of Transportation (MTO) and the Ministry of the Solicitor General and Correctional Services undertook a review of our position. The result of this review is that it continues to be the government's position, expressed upon the cancellation of photo radar, that it is essential to identify and hold drivers responsible for any moving violations of the Highway Traffic Act.

Holding the driver responsible for his or her own actions allows for the opportunity to improve the driver's behaviour through education or imposition of sanctions, such as increased fines, demerit points, licence suspensions and possible imprisonment. Direct identification of the driver allows for irrefutable evidence of the driver's unsafe behaviour to be registered upon conviction in the Ministry of Transportation's driver abstract.

Peel Regional Police recently completed an intersection safety pilot program which was funded by the Insurance Bureau of Canada. The program was designed to increase police traffic enforcement at high collision intersections in the City of Mississauga. This pilot project enabled uniformed officers to lay more than 1,200 charges over the short test period. Signal violations represented only 40percent of total charges, with the remaining charges being for other serious traffic infractions such as driving while suspended, illegal turns and non-seat belt use. Clearly, any red light camera program would not have been able to catch any of these other serious infractions, representing 60percent of the total charges laid.

Few studies have been conducted respecting the effectiveness of red light cameras in other jurisdictions and, though some successes have been claimed, other studies have shown no effect, or have reported an increase in rear-end collisions.

The government's position has been that it would consider a municipality's proposal for its own red light camera program, if the municipality could demonstrate that the program targeted vehicle drivers, if it would meet any legal concerns raised (such as those of Ontario's Information and Privacy Commissioner), and if the municipality paid for the provincial services required to assist in the administration of the program.

The most effective way to ensure that drivers running red lights are caught is through police enforcement. The assignment of fines and the accumulation of demerit points which result, and consequent sanctions such as higher insurance rates, serve as strong deterrents to continued aggressive driving behaviour by drivers caught disobeying traffic laws.

As announced in the Budget Speech on May 5, 1998, this government plans to more than double the fines for red and amber light running. This fine increase is being introduced as part of a community safety package that offers $150 million over five years for enhanced policing initiatives. In the area of education, the Ministry of Transportation will also ensure its public education and community road safety marketing programs continue to address the issue of aggressive driving.

On May 27, 1998, the Solicitor General and Minister of Correctional Services Jim Flaherty and I introduced amendments to the Highway Traffic Act that will give municipalities another tool to help make communities safer. Under the proposed amendments, municipalities will have the power to established special community safety zones where fines for driving infractions will be doubled. Prominent roadside signs will let drivers know when they are entering and leaving the special zones designated by the municipality. These zones might include school zones and crossings, roadways near children's parks and day care centres, or problem intersections.

Let me assure you that this government remains committed to effective solutions to combat aggressive driving behaviours on our roads and highways.

Thank you for writing to share your concerns about this important issue.