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King Street (Streetcar Transit Priority)

Voltz said:
Looked at the video in full screen, doesn't look like a Toronto Police Car in that screen capture.
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It was a Special Constable's car:

Metrolinx Act, 2006, S.O. 2006, c. 16
January 1, 2018

(A 'Special Constable') [...]
Same
(5.2) A person appointed under subsection (5) is deemed to be an officer appointed for carrying out the provisions of the Highway Traffic Act for the purposes of section 33 of that Act while the person is on land owned, leased, used or occupied by the Corporation or its subsidiary corporation for the purpose of the regional transit system or any local transit system or other transportation service provided by the Corporation or its subsidiary corporation by agreement with a municipality. 2009, c. 14, s. 17 (3).
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https://www.ontario.ca/laws/statute/06g16

And indeed, that stretch of King Street is covered under the HTA's "Pilot Project" section, very last section in the most recent HTA.
 
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Juan_Lennon416 said:
That is not a police car. Looks more like a security car. You would have seen part of the Toronto Police decal on the side of the car door in the screen capture.
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Private security aren't allowed to have red light flashers on their vehicles. Take a close look:
upload_2018-4-2_19-10-11.png


[...]
LAMPS — USE OF FLASHING RED OR GREEN LIGHTS

Definitions
1. In this Regulation,

“ambulance” has the same meaning as in subsection 1 (1) of the Ambulance Act;

“emergency” and “emergency response vehicle” have the same meanings as in subsection 1 (1) of Ontario Regulation 257/00 (General) made under the Ambulance Act;

“municipal emergency plan” means an emergency plan formulated by a municipality under section 3 of the Emergency Management and Civil Protection Act.

Use of flashing red lights
2. In addition to the vehicles listed in paragraphs 1 to 4 of subsection 62 (15.1) of the Act, the following are vehicles that may carry lamps that cast a red light to the front:

1. A Ministry of Revenue vehicle operated by a provincial offences officer designated under the Provincial Offences Act for the purposes of enforcing the Fuel Tax Act, the Gasoline Tax Act and the Tobacco Tax Act, while the officer is in the course of his or her employment.

2. An aviation and forest fire management vehicle operated by an officer designated under the Forest Fires Prevention Act, while the officer is responding to a fire or other emergency.

3. An emergency response vehicle, while used to provide emergency response services.
[...]
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https://www.ontario.ca/laws/regulation/R07484

Btw, clause 3 immediately prior has now been stricken from the Act, and this substituted:
Definition
1. In this Regulation,

“municipal emergency plan” means an emergency plan formulated by a municipality under section 3 of the Emergency Management and Civil Protection Act. O. Reg. 484/07, s. 1; O. Reg. 76/11, s. 1.

Use of flashing red lights
2. In addition to the vehicles listed in paragraphs 1 to 4 of subsection 62 (15.1) of the Act, the following are vehicles that may carry lamps that cast a red light to the front:

1. A Ministry of Revenue vehicle operated by a provincial offences officer designated under the Provincial Offences Act for the purposes of enforcing the Fuel Tax Act, the Gasoline Tax Act and the Tobacco Tax Act, while the officer is in the course of his or her employment.

2. An aviation and forest fire management vehicle operated by an officer designated under the Forest Fires Prevention Act, while the officer is responding to a fire or other emergency.

3. Revoked: O. Reg. 76/11, s. 2.
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https://www.ontario.ca/laws/regulation/070484

Nope, no "security" vehicles mentioned anywhere as to legally possessing roof-top flashing red lights.
 

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Juan_Lennon416 said:
My comment was not edited in time.

Looks like a different police car so was this car being used for a possible movie shoot? Are the security cars in the US allowed to have red lights?
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Errr...no. Not to mention the Ontario plates, Special Constable markings on the side, and the crash bars on the front. That would be "Impersonating a peace officer".
Personating peace officer
  • 130 (1) Everyone commits an offence who
    • (a) falsely represents himself to be a peace officer or a public officer; or

    • (b) not being a peace officer or public officer, uses a badge or article of uniform or equipment in a manner that is likely to cause persons to believe that he is a peace officer or a public officer, as the case may be.
  • Marginal note : Punishment
    (2) Everyone who commits an offence under subsection (1)
    • (a) is guilty of an indictable offence and liable to imprisonment for a term of not more than five years; or

    • (b) is guilty of an offence punishable on summary conviction.
  • R.S., 1985, c. C-46, s. 130;
  • 2009, c. 28, s. 2.
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So which is it?
 
Juan_Lennon416 said:
Looks like a different police car so was this car being used for a possible movie shoot?
Click to expand...

Emergency vehicle laws are state level. In fact, the light colours even change from state to state (red isn't always the primary for police; they're sometimes assigned a blue primary with red going to fire or ambulance).
 
Once again, the King and Spadina was a disaster on late Saturday night. Cars constantly driving through the intersection and blocking it. Cars and taxis constantly turning left from northbound Spadina and blocking the intersection.

I have never seen such flagrant flouting of the rules of the road even in a third-world country.
That interaction is a total zoo.

Do we live in a civilized society or not? Do we have rules that should be obeyed or not? Why doesn’t anyone care about this and why isn’t anything being done about this?

Station a pair of cops there any weekend night and they’d make thousands of dollars in tickets.

I emailed 311, the King Street Pilot email, Joe Cressy and John Tory today.

Who else can I contact?
 

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That's a pretty heavy duty security vehicle. If the image wasn't closely looked at I would've assumed it's TPS. Doesn't look familiar, wonder what security company that is.
 
images
upload_2018-4-3_22-26-57.jpeg
News-Transit.png


And as detailed, researched referenced and linked prior, he can ticket and enforce the HTA, as well as local traffic bylaws if they impinge on transit function.
Powers of police officer
(3) The appointment of a special constable may confer on him or her the powers of a police officer, to the extent and for the specific purpose set out in the appointment.
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https://www.ontario.ca/laws/statute/90p15#BK76

TTC Special Constables, after some 'problems' prior...are now part of the Toronto Police Services, and ostensibly as such, the red flashers are allowed on the vehicle.

As referenced prior, it is illegal for civilian "security" vehicles to have them under the HTA and other acts.

Some recent info on Ontario Special Constables:
https://www.blueline.ca/opinion/bac...ing-role-of-an-ontario-special-constable-4675
 

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In light of all of this, there was actually some enforcement on King during the weekend. Two officers on bikes were stationed at King & Spadina and ticketed at least 3 drivers in the span of 5 minutes that I was there. Some cars even made a U-turn in the middle of the intersection to avoid them. Why they didn't get ticketed for impeding the flow of traffics I don't know.
 
MetroMan said:
That’s good to know. Toronto should hire a fleet of these special constables to patrol our streets since the police aren’t. Instruct the police to stick to criminal matters and adjust their budget as necessary.
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Tory has suggested that, but as with a lot of things, Toronto is wholly unprepared to move forward to make progress happen. Queen's Park has another thumb up its exhaust pipe too. Twin exhausts, vroom, vroom...

QP should be involved in funding and promoting the King Pilot, but I digress.
Mon, Jun 6, 2016: Eight intersections across the city saw police officers guiding traffic and pedestrians. The pilot project cost $250,000 and occurred during the morning and afternoon rush hours.

A A
Listen
Toronto Mayor John Tory is asking for the Toronto Police Services Board to approve a move that will allow the city’s new traffic wardens to gain special constable status in order for them to direct traffic on city streets.

In a letter sent to the board on Thursday, Tory said section 134 of the Highway Traffic Act only authorizes police officers to direct traffic and close highways.

Rather than amending provincial legislation, Tory said an alternative would be to have the new wardens appointed special constables instead.

“The Toronto Police Services Board has the ability to appoint special constables, as outlined in the Police Services Act, who will be able to engage in active traffic direction, as long as they are approved by the Minister of Community Safety & Correctional Services,” Tory wrote.
[...]
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https://globalnews.ca/news/3760496/special-constable-status-traffic-wardens/

January 3, 2017 5:13 pm
Updated: January 3, 2017 8:44 pm
Toronto mayor asks province to allow TTC officers to direct traffic, ticket vehicles
By Erica VellaDigital Broadcast Journalist Global News
  • WATCH ABOVE: John Tory is asking Ontario Premier Kathleen Wynne to grant TTC enforcement officers enhanced powers, such as the ability to direct traffic and tag-and-tow vehicles disrupting transit routes. But as Erica Vella reports, the head of Toronto Police Association says he has some initial concerns.

A A
Listen
Toronto Mayor John Tory is asking Ontario Premier Kathleen Wynne to grant TTC enforcement officers the power to direct traffic and tag and tow vehicles disrupting transit routes.

Tory wrote a letter to Wynne Monday, saying the recommendations would help alleviate congestion in the city.

“I regret the fact that we have to ask the province for permission on this, but what we want to do is very simple,” Tory said.

“We want to allow transit enforcement officers to keep traffic moving when there are transit disruptions.”

On Dec. 20, the TTC gave the recommendations the green light, however the Toronto Police Service Board and Ministry of Community Safety and Correctional Services must give final approval.
[...]
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https://globalnews.ca/news/3158199/...c-officers-to-direct-traffic-ticket-vehicles/

Note: The oversight of TTC Special Constables has changed since the above was dated. From what I can gather, that actually more empowers the Special Constables to do what's needed in the place of Police Officers along the King Street Pilot.

Tory et al are remiss in not asking QP to bring this section of the HTA to bear on the King Street Pilot Project. It has immense powers:
PART XVI
PILOT PROJECTS
Pilot projects
228 (1) The Lieutenant Governor in Council may by regulation authorize or establish a project for research into or the testing or evaluation of any matter governed by this Act or relevant to highway traffic. 2005, c. 26, Sched. A, s. 33 (1).

Project may conflict with Acts
(2) Under a project authorized or established under subsection (1),

(a) persons or classes of persons may be authorized to do or use a thing that is prohibited or regulated under this Act, the Dangerous Goods Transportation Act, the Motorized Snow Vehicles Act, the Off-Road Vehicles Act or the Public Vehicles Act or to not do or use a thing that is required or authorizedby any of those Acts;

(b) the Minister or Ministry or any person authorized or required to do anything under this Act, the Dangerous Goods Transportation Act, the Motorized Snow Vehicles Act, the Off-Road Vehicles Act or the Public Vehicles Act may be authorized or required to do anything that is not authorized or required under any of those Acts or to do anything that is authorized or required under any of those Acts in a way that is different from the way it is authorized or required. 2005, c. 26, Sched. A, s. 33.

Limited to classes
(3) An authorization or requirement described in subsection (2) may be limited to any class of persons, class or type of vehicles, class of equipment, devices or highways, parts of Ontario, time of year or day, activities, matters or any other things. 2005, c. 26, Sched. A, s. 33 (1).

Regulation to create own scheme of rules
(4) A regulation made under this section may regulate the doing of anything or the use of any thing or prohibit the doing of anything or the using of any thing. 2005, c. 26, Sched. A, s. 33 (1).

Insurance
(5) A regulation made under this section may require a person or class of persons to carry insurance of a kind and in the amount specified. 2005, c. 26, Sched. A, s. 33 (1).

Time limit
(6) A regulation made under this section must provide that it is revoked no later than the twelfth anniversary of the day the regulation is filed. 2005, c. 26, Sched. A, s. 33 (1).

Project prevails over Acts
(7) In the event of a conflict between a regulation made under this section and any provision of this Act, the Dangerous Goods Transportation Act, the Motorized Snow Vehicles Act, the Off-Road Vehicles Act or the Public Vehicles Act or of a regulation made under any of those Acts, the regulation made under this section prevails. 2005, c. 26, Sched. A, s. 33.

Offence
(8) Every person who contravenes a regulation made under this section is guilty of an offence and on conviction is liable to a fine of not less than $250 and not more than $2,500. 2005, c. 26, Sched. A, s. 33 (1).
Click to expand...
https://www.ontario.ca/laws/statute/90h08

But of course, Toronto and QP would actually have to want the King Street Pilot to succeed for that to happen...

To repeat from an earlier post: "Toronto sure knows how to stage a defeat". The lack of support for this Pilot is bizarre beyond comprehension.
 
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^If you go back a few TTC board meetings, their transit security were given HTA authority for the lights and such not that long ago. I recall that this gave them the ability to deal with motorists and traffic problems affecting transit operations, particularly around subway stations and loops etc. If they direct traffic around a blockage, motorists have to obey their directions similar to a police officer directing traffic.

I wonder if their powers extend to ticketing motorists on King Street. It’s to clear the way for transit, after all.

- Paul
 
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