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Old 08-14-2019, 10:11 AM   #21
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So Mass Nerder, by saying you went through “2 seconds” after it was activated, do you believe you were closer than 5 m from the crossing?
No; I understand that by the wording of the regulation, I shouldn't have gone through.
In real life though, I had time basically interpret the signal and make the decision to slam on my brakes, or proceed through.
I probably could have stopped, but would have basically been slamming them on to stop before the stop line.

It just seems odd that there is no "warning" between the crossing being activated and when you have to stop, akin to a yellow vs red light. Reaction time is between .5-2 seconds, so if the crossing activates, and it takes you a few seconds to react, you could easily be too close to make a reasonable stop, but technically outside of the distance that is stated in the regulation.
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k im just not going to respond to your #### anymore because i have better things to do like #### my model girlfriend rather then try to convince people like you of commonly held hockey knowledge.
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Old 08-14-2019, 10:11 AM   #22
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Where's a sheriff's jurisdiction? Do they have any power in the City? I kind of feel like they're the bumpkins of policing so I don't give them any respect. Sort of figure their rules don't apply to me.
Thats what we all thought about Fish & Wildlife and the CP Rail Cops...and yet here we are...
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Old 08-14-2019, 10:14 AM   #23
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Where's a sheriff's jurisdiction? Do they have any power in the City? I kind of feel like they're the bumpkins of policing so I don't give them any respect. Sort of figure their rules don't apply to me.
The Sheriffs are basically our provincial highway patrol, though I think 99% of what they do is set up speed traps between Banff and Lake Louise.
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Old 08-14-2019, 10:14 AM   #24
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Where's a sheriff's jurisdiction? Do they have any power in the City? I kind of feel like they're the bumpkins of policing so I don't give them any respect. Sort of figure their rules don't apply to me.
I live just outside the city and I see them all the time. Same with Peace Officers. I really don't know what is what when it comes to all these different names for cops. I don't get why they're just not RCMP or else like a highway patrol like the yanks have.
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Old 08-14-2019, 10:17 AM   #25
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I live just outside the city and I see them all the time. Same with Peace Officers. I really don't know what is what when it comes to all these different names for cops. I don't get why they're just not RCMP or else like a highway patrol like the yanks have.
The Sheriff's have a highway patrol department and that's exactly what they are,just like down south. Frees up the RCMP to do other work
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Old 08-14-2019, 10:19 AM   #26
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So what about those clownshoes peace officers that drive around in ford escapes and give people speeding tickets? Who are they? Why do we have so many different departments?
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Old 08-14-2019, 10:23 AM   #27
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Additionally, does anyone know if you can move up the court appearance date?
I'm out of the country for 3 months starting in September, and my appearance date is near the end of September.
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k im just not going to respond to your #### anymore because i have better things to do like #### my model girlfriend rather then try to convince people like you of commonly held hockey knowledge.
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Old 08-14-2019, 10:24 AM   #28
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Additionally, does anyone know if you can move up the court appearance date?
I'm out of the country for 3 months starting in September, and my appearance date is near the end of September.
Just pay the fine ya criminal!
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Old 08-14-2019, 10:25 AM   #29
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So what about those clownshoes peace officers that drive around in ford escapes and give people speeding tickets? Who are they? Why do we have so many different departments?
Sheriff's are run by the province, Peace officers are similar and almost always double as bylaw enforcement as well. They're usually ran by the county or city they're in. For example you see them a lot in Airdrie and around Crossiron mall area, but from what I remember they don't work the highway at all

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Old 08-14-2019, 10:35 AM   #30
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Just pay the fine ya criminal!
If I truly felt as though I had done something wrong, I would.
I'm assuming that I'll lose, and have to pay, but I can't justify paying without at least questioning a ticket that seems unwarranted, and unreasonably expensive; $300 is equivalent to doing 31-50km/hr over the speed limit.
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k im just not going to respond to your #### anymore because i have better things to do like #### my model girlfriend rather then try to convince people like you of commonly held hockey knowledge.
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Old 08-14-2019, 10:39 AM   #31
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Watch the court will be in Edmonton or Montreal.

Assuming you go to court - if you tell the truth you're hooped, and if you lie, be damned sure there isn't dash cam evidence otherwise. Like with most tickets, your best bet is to just go to the traffic court (assuming this follows same practice) on any day and speak with the Justice/desk people and ask for leniency or make up some sob story to try get it reduced or demerits removed.
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Old 08-14-2019, 10:44 AM   #32
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I did some loose math which might help in fighting the ticket (maybe math will save you!).

At 25kph, you're travelling approx 7m per second.
Average human perception time is 3/4 of a second.
Average human reaction time is 3/4 of a second.
In 1.5 seconds, you've travelled ~10 metres (that's before you've even hit the brakes).
I'm going to say that once you hit the brakes at 25kph it takes about 5m (pure estimate).
So that's 15 metres. If you can establish that you were less than 15 metres before the 5m stop line, you can safely say no average person should be expected to stop in that time.

If the crossing light was activated, and you crossed the tracks within 2 seconds at 25kph, that means you were within 14 metres of the tracks themselves.

I think there's a camera there, so you'd have to be sure you were about halfway between the X on the road and the stop line for that to hold up.

Now, I also failed math in highschool. So this could basically be useless.
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Old 08-14-2019, 10:50 AM   #33
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Originally Posted by Mass_nerder View Post
If I truly felt as though I had done something wrong, I would.
I'm assuming that I'll lose, and have to pay, but I can't justify paying without at least questioning a ticket that seems unwarranted, and unreasonably expensive; $300 is equivalent to doing 31-50km/hr over the speed limit.
I’m just kidding. I took your post at the top of this page as admission of guilt. Even though the penalty is reaaaalllly harsh.
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Old 08-14-2019, 11:10 AM   #34
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Peace officers are one of the reasons I hate Okotoks. They're EVERYWHERE handing out tickets to moms in minivans taking kids to soccer practise, and patrolling the streets for egregious violations such as trailers parked on driveways for longer than a few days, or mismatched gravel between houses.

Someone decided to give these guys guns as well. Probably to remain safe from all the P'd off residents losing their marbles over them sitting in the honey holes around town handing out tickets.

As for Sheriffs, I played rugby with a guy who was a Sheriff and he said they had a lot to do with checkstops. Not sure how or why.
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Old 08-14-2019, 11:11 AM   #35
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You might be stuck with this one just based on how section 42 is worded.

Railway crossing
42
(1)
For the purposes of this section a railway train is approaching a railway crossing if

(a) a clearly visible electrical or mechanical signal device
gives warning of the approach of a railway train,
(b) a crossing gate is lowered or a flagperson is giving a
signal of the approach or passage of a railway train,
(c) a railway train
(i) is within approximately 500 metres of the crossing,
(ii) is approaching the crossing, and
(iii) either sounds an audible signal or is visible,
or
(d) a railway train is visible and approaching the crossing and
by reason of its speed or nearness is an immediate hazard.
(2)
Where a railway train is approaching a railway crossing, a

person driving a vehicle that is approaching the railway crossing
(a) shall stop the vehicle no closer than 5 metres back from
the nearest rail of the railway, and
(b) shall not proceed to drive the vehicle across the railway
crossing until the train has passed by the railway crossing

He probably wrote the ticket for 42(2)(a) or (b) and it just looks like (0). His argument will be that 42(1)(a) or (c) is applicable due to the approaching train and the signal being activated and therefore you were violating either 42(2)(a) and/or (b)
First thing to do then would be to go to one of those wickets and object to the ticket on the grounds that there is no 42 (2) (0)

Tickets get thrown out for administrative errors all the time
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Old 08-14-2019, 11:17 AM   #36
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So where are the borders of this lawless Fiefdom ruled by the ruthless Railway Police?
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Old 08-14-2019, 11:28 AM   #37
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Quote:
Originally Posted by PepsiFree View Post
I did some loose math which might help in fighting the ticket (maybe math will save you!).

At 25kph, you're travelling approx 7m per second.
Average human perception time is 3/4 of a second.
Average human reaction time is 3/4 of a second.
In 1.5 seconds, you've travelled ~10 metres (that's before you've even hit the brakes).
I'm going to say that once you hit the brakes at 25kph it takes about 5m (pure estimate).
So that's 15 metres. If you can establish that you were less than 15 metres before the 5m stop line, you can safely say no average person should be expected to stop in that time.

If the crossing light was activated, and you crossed the tracks within 2 seconds at 25kph, that means you were within 14 metres of the tracks themselves.

I think there's a camera there, so you'd have to be sure you were about halfway between the X on the road and the stop line for that to hold up.

Now, I also failed math in highschool. So this could basically be useless.
Dude... get to work.
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Old 08-14-2019, 11:37 AM   #38
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As Pepsi noted, section 42 does not account for the ‘in between’ situation

Suppose the proximity and momentum of the driver is such that, at the time the signal activated, attempting to comply with 42 (2) (b) and ‘not proceed’ across the crossing and rather to stop, would leave them in violation of 42 (2) (a) and stopped closer than 5 metres to the track.

Technically, you may be in a situation where it is impossible not to violate one of the two. Surely that is not the intent of the law, and one may hope an officer would be able to use judgment to elect not to write a ticket.

Consider the stopping distance, which factors in thinking and braking time. Here is an article with some info and examples on that calculation

https://www.raisethehammer.org/artic...pping_distance

So if you were approaching the crossing at, say 40 km/h, then on dry asphalt you may have a stopping distance of 18.98, plus the 5 metres from the track within which you can’t stop. So if you were going 40 and you believe you were less than ~24 m from the tracks, then you have to cross so as not to stop within 5 m

There could be a case to be made, if you can reasonably establish the distance at which you saw the signal activate

So 2 factors need to be considered, the distance you were at when the light activated, plus your speed

If you were to fight it, I believe you could apply for disclosure, so if there is a camera, and a photo and a speed upon which they wish to rely, as part of the prosecution, then you should be able to get access to it.

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Old 08-14-2019, 11:58 AM   #39
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^ I should note that I am not certain if an application for disclosure will be accepted if you are not a lawyer and representing yourself. I have seen the form that has a spot for the applicant to identify the law firm, bar number etc

The cost of a lawyer will likely be more than the cost of the ticket, so it’d be a matter of principle

Either way, I would just see if it can be thrown out due to an admin error first before taking the next steps
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Old 08-14-2019, 12:01 PM   #40
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Peace officers are one of the reasons I hate Okotoks. They're EVERYWHERE handing out tickets to moms in minivans taking kids to soccer practise, and patrolling the streets for egregious violations such as trailers parked on driveways for longer than a few days, or mismatched gravel between houses.

Someone decided to give these guys guns as well. Probably to remain safe from all the P'd off residents losing their marbles over them sitting in the honey holes around town handing out tickets.

As for Sheriffs, I played rugby with a guy who was a Sheriff and he said they had a lot to do with checkstops. Not sure how or why.
Even worse in Okotoks because of the ridiculous 40km speed limit, plus all their wacky water use bylaws.

My parents live in Okotoks. There's a stop sign near their house, the other side of the intersection isn't built yet so traffic isn't even intersecting each other, it's basically just a corner with a stop sign. A county mounty will sit and watch this stop sign and hands out tickets for anyone that doesn't stop for a full 3 seconds.

There's also a road near their house that's just surrounded by fields, built for traffic to go 80, but in recent years it's now just barely within the town limits so the speed limit got decreased to 60 for no reason and they patrol it nonstop

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