International Law

Well, that’s a relief

From the Toronto Star:

There is nothing in the provincial legislation to prevent drivers from flashing their headlights to warn oncoming traffic of a police radar spot check, according to police and other officials.

Wheels readers have expressed their opinions about a recent Jim Kenzie story in which Brad Diamond, host of TSN’s Motoring 2008, was charged under an obscure section of Ontario’s Highway Traffic Act that regulates alternating flashing headlights typically used by emergency vehicles.

When Diamond challenged the charge in court, the case was dismissed because the charging officer had “no evidence,” according to the prosecutor. In reality, the charge was erroneous and never should have been administered.

“It’s not an offence under the Highway Traffic Act in Ontario,” confirms Sgt. Cam Woolley of the Ontario Provincial Police. “Drivers are free to communicate with each other.”

Though this was a bit of an eye-opener (emphasis added):

But while the charge under HTA Section 169 is bogus ? to use a legal term ? there’s nothing to prevent an officer from stopping and questioning motorists who are flashing their headlights.

“Flashing their lights can mean any number of things,” says Woolley. “The driver may be in distress, may need medical attention or may be warning about a situation ahead, such as a collision.”

To the drivers’ surprise, the officer may use the opportunity to investigate the driver’s status and insurance, outstanding warrants and the mechanical fitness of the vehicle. While roadside interrogations may smack of police harassment to some, Woolley defends the practice.

“You can get stopped for just driving your car,” he says. “We catch some very dangerous criminals on minor traffic violations.”

Full post as published by Criminal Review on February 11, 2008 (boomark / email).