bill 31 - written submission from the ottawa police service

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  P.O. Box 9634, Station T Ottawa, Ontario K1G 6H5 Tel.: (613) 236-1222 C.P. 9634, Succursale T Ottawa (Ontario) K1G 6H5 Tél.: (613) 236-1222 ottawapolice.ca  March 9, 2015 Members of the Committee, My name is Sgt Mark Gatien of the Ottawa Police Service; I have been a Police Officer for the past 30 yea rs. I am very pleased to be an Enforc ement Officer in these times of change, making our roads a safer place to be as a result of changes being brought forward in Bill 31. I would like to bring to the committees attention the wording of the present cell phone section, in that it reads “No person shall drive a Motor Vehicle on a highway”, I would propose the wording be changed to say “Vehicle” rather than “Moto r Vehicle”. With this small change, it would encompass Bicycles and Implements Of Husbandry (mainly back hoes and front end loaders) . Our hands are presently tied with c ell phone infractions being committed on Bicycles and Backhoes etc . using our roadways. There have been countless complaints to the Police via social media about the use of phones with these methods of transportation, and with the present wordings our hands are tied for enforcement efforts. In addition, section 73 (3) that relates to color coating obscure interior, has not been revised to keep up wit h technology since 199 0. The present wording is very open for interpretation and the subjectivity of an officers’ observations, hence is not getting convictions in court, if in fact the Justices’ will entertain the charge due to the vague wordings. I would respectfully prop ose the introduc tion of Photometr ic Meters to the Police Services and an addition to Sec 73 to allow the use of said meters for enforcement efforts. From t he fa ctory the current automotive Standard allows the vehicle manufacturer to tint the driver’s c ompartment up to 30%. Anything added by the vehicles owner, further obstructs the view of the interior making it pretty much impossible for pedestrians to make eye contact with the driver prior to stepping off the sidewalk to cross the road safely. Also, drivers are tinting windows in order to c onceal their cell phone use while driving, not to mention the safety risk to Officers approaching a blacked out drivers compartment. A Photometric meter (tint meter) costs $80.00 and is presently being used by the province of Quebec as an enforcement tool as well as a number of U.S. states. In

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Bill 31 - Written submission from the Ottawa Police Service

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  • P.O. Box 9634, Station T Ottawa, Ontario K1G 6H5 Tel.: (613) 236-1222 C.P. 9634, Succursale T Ottawa (Ontario) K1G 6H5 Tl.: (613) 236-1222 ottawapolice.ca

    March 9, 2015

    Members of the Committee, My name is Sgt Mark Gatien of the Ottawa Police Service; I have been a Police Officer for the past 30 years. I am very pleased to be an Enforcement Officer in these times of change, making our roads a safer place to be as a result of changes being brought forward in Bill 31. I would like to bring to the committees attention the wording of the present cell phone section, in that it reads No person shall drive a Motor Vehicle on a highway, I would propose the wording be changed to say Vehicle rather than Motor Vehicle. With this small change, it would encompass Bicycles and Implements Of Husbandry (mainly back hoes and front end loaders). Our hands are presently tied with cell phone infractions being committed on Bicycles and Backhoes etc. using our roadways. There have been countless complaints to the Police via social media about the use of phones with these methods of transportation, and with the present wordings our hands are tied for enforcement efforts. In addition, section 73 (3) that relates to color coating obscure interior, has not been revised to keep up with technology since 1990. The present wording is very open for interpretation and the subjectivity of an officers observations, hence is not getting convictions in court, if in fact the Justices will entertain the charge due to the vague wordings. I would respectfully propose the introduction of Photometric Meters to the Police Services and an addition to Sec 73 to allow the use of said meters for enforcement efforts. From the factory the current automotive Standard allows the vehicle manufacturer to tint the drivers compartment up to 30%. Anything added by the vehicles owner, further obstructs the view of the interior making it pretty much impossible for pedestrians to make eye contact with the driver prior to stepping off the sidewalk to cross the road safely. Also, drivers are tinting windows in order to conceal their cell phone use while driving, not to mention the safety risk to Officers approaching a blacked out drivers compartment. A Photometric meter (tint meter) costs $80.00 and is presently being used by the province of Quebec as an enforcement tool as well as a number of U.S. states. In

  • mirroring Quebecs existing law, any reading under 70% light transmission would be subject to a fine thereby removing any question or subjectivity as to the level of tint a window may have. Over the past number of years, I have traveled across Ontario for various events and spoken to a number of Officers, who concur that these small changes and the addition thereof would greatly affect the safety of Ontarios Motoring public as well as the Officers that protect our streets and roads. I would be honored to assist in any way I can to bring these changes forward. Respectfully submitted, Sgt Mark Gatien Ottawa Police Service Traffic Enforcement and Escort Division