Chomiak changes gears

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This article was published 07/05/2009 (6319 days ago), so information in it may no longer be current.

WINNIPEG – The Doer government will consider refunding Manitobans who paid fines for 60,000 tickets issued last year for speeding in construction zones — a decision that could cost the city and province as much as $12 million in refunds.

How a cash-strapped city hall and belt-tightening provincial government might deal with that hit is anyone’s guess. But that question remains after Attorney General Dave Chomiak said Wednesday he’s taking another look at reimbursing motorists who paid their photo-radar tickets after speeding through construction zones.

"It’s going to be very tricky, because in a lot of instances it’s clear people were speeding," Chomiak said, adding the decision to refund fines will not be easy.

Chomiak’s surprise announcement is the latest chapter in a controversy over how city police conduct photo radar in construction zones when workers aren’t present. It started earlier this year, when a traffic-court magistrate threw out nine tickets on the issue and grew when the Crown recently stayed 875 outstanding cases after officials learned signs in construction zones were not legal.

Until Wednesday, Chomiak had said people who paid their fines were seen as guilty in the eyes of the law and wouldn’t get the same break as the 875 cases. Speeding fines in construction zones average $200.

The public outcry was huge.

But Chomiak said he only softened his stance after cabinet met Wednesday morning on the issue and learned there were 60,000 tickets issued by police last year for speeding in construction zones — a massive jump from 2007 when only 3,000 tickets were issued.

"You can see why the public would be concerned and would be concerned it’s being used as a cash grab," Chomiak said. "We have to go back to the public and show them that we’re using it for safety purposes and not cash purposes.

"Safety is the first concern. That was the purpose of photo radar. When we look at the numbers coming in on one side you can say, ‘Wow, that means there are a lot of offenders and the sites are safer,’" Chomiak added. "Generally, the public, I think, are interpreting it as looking like an attempt to grab cash."

Drivers who paid their fines promptly said Chomiak is right.

"I think this is terrific," said Charles Cruden, who got a $190 ticket in a Dugald Road construction zone on a Sunday afternoon last year. "But I think we’re going to have to keep after them. If the Doer government is concerned about votes, they’ll do something. If there’s 60,000 tickets, that’s a lot of votes."

The province also temporarily suspended the use of photo enforcement in construction zones and asked the city to use police officers, instead, to enforce reduced speed limits — something the Winnipeg Police Service isn’t thrilled about as it takes officers away from front-line duty.

Mayor Sam Katz said he found out about the province’s decision to re-examine the issue at about 1:30 p.m., just as Chomiak walked into question period at the legislature where he has faced off with Tory justice critic Kelvin Goertzen on the issue all week.

Katz said if there is to be a refund, the lion’s share will come from the province, as it collects more ticket revenue than the city. The city gets slightly less in ticket revenue than the province, but out of its share has to pay ACS Public Sector Solutions, the private company that operates the cameras for police.

"If the province wants to reverse the decision they’ve made in the past, that’s obviously their prerogative," Katz said. "But it’s difficult to see how the province should be surprised about the higher numbers when they’re seeing an increase in fine revenue."

Police Chief Keith McCaskill also said he wants the matter resolved quickly so photo radar can be deployed again in construction zones.

"You can jump at perception if you don’t have all the facts," McCaskill said. "We consider it a safety issue and we still do."

McCaskill also said no one should be surprised in the huge hike in construction-zone speeding offences. Police launched the blitz with a media campaign last year after city worker Michael Pacheco was seriously injured by a suspected drunk driver while he was working on Main Street.

McCaskill and Katz said with a large number of road-construction works, a decision was made to slow people down to avoid similar, if not worse, collisions.

McCaskill added drivers were frequently clocked travelling more than 100 km/h through zones — the worst being Sunday, July 20 last year on Bishop Grandin Boulevard, when someone was ticketed going 123 km/h in a reduced 60 km/h zone at 10:58 a.m.

He said despite what appears to be a large number of people complaining about tickets, police only ticketed fewer than one per cent of the two million vehicles that travelled through the Bishop Grandin construction area from April to August last year.

"People were breaking the law as far as we’re concerned," he said.

Chomiak said this is not an attempt to deflect heat from the province to the city.

"I think for public credibility I’m prepared to say, ‘You know what city, we’ve got to sit down and take a look at this,’" he said.

Goertzen said the public should not stop pressuring the province to refund fines.

"Just because it’s difficult and just because it’s going to cost them multiple millions of dollars doesn’t mean they should be absolved from doing the right thing," Goertzen said.

"Is it going to be tough on them? Absolutely. And I’d say to the minister of justice, ‘Tough, I don’t care if it’s hard on you. Give those people their money back.’"

bruce.owen@freepress.mb.ca

 

What happened?

The province ordered the city to stop using photo radar in construction zones.

Why?

The Doer government said it’s the best way to rebuild public confidence in photo radar.

What’s the result?

The city and province may also refund fines of people ticketed last year — 60,000 tickets were issued, with some drivers getting more than one ticket — after the Crown determined warning signs put up by the city’s public works department in construction zones were not legally correct.

When will a decision be made?

Soon. Police want to resume enforcement as soon as possible as they believe it’s the best way to prevent workers and drivers from being killed or injured by people driving too fast.

 

PHOTO-RADAR TICKET SAGA:

A timeline of events

January 2009

Justice of the peace Norman Sundstrom rules photo-radar tickets in construction zones are valid only when workers are present. With the help of third-year University of Manitoba law student Jodi Koffman, nine tickets are thrown out.

Feb. 9

The Crown appeals the decision.

Feb. 11

Winnipeg Mayor Sam Katz asks police to stop issuing photo-radar tickets in inactive construction zones. 

May 4

The province abandons its appeal. Pressure immediately mounts on Attorney General Dave Chomiak to issue refunds to motorists who have already paid a fine for speeding in a construction zone where no workers were actually on the job. But Chomiak says people who have paid their fines have admitted guilt.

May 5

Hundreds of motorists vent their frustration over the province’s refusal to refund tickets, spurring the opposition Tories to again demand refunds.

May 6

Chomiak says the province may refund ticket fines issued in construction zones.