Safety in Highway Construction Zones Statute Law Amendment Act, 2001 Hoy, Pat — Bill 153 (37th Parliament, 3rd Session)

Bill 153, 37-3

Ontario — Bills

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Bill 153, Safety in Highway Construction Zones Statute Law Amendment Act, 2001

Hoy, Pat

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[37] Bill 153 Original (PDF)

Bill 153 2001

An Act to improve safety

in highway construction zones

by amending various Acts

to implement the recommendations

from the inquest into the death

of Dick Van Rooyen

Her Majesty, by and with the advice and consent of the Legislative

Assembly of the Province of Ontario, enacts as follows:

(1) Section 56 of the Highway Traffic

Act is amended by adding the following subsection:

Double demerit points

(2) If a driver is convicted of an offence contrary to

section

128 or 214.1 when in a construction zone, the driver shall not receive the

number of demerit points provided in a regulation made under subsection

(1) but shall receive double the number specified in the regulation for that

offence.

(2) Section 128 of the Act, as amended by Statutes of

Ontario, 1993,

chapter 31,

section 2 and 1997,

chapter 26, Schedule, is

further amended by adding the following subsections:

Penalty for speeding in construction zone

(14.1) Every person who commits an offence under this

section

in a construction zone is liable, on conviction, not to the fines set out in

subsection (14), but, where the rate of speed at which the motor vehicle was

driven,

(

a) is less than 20 kilometres per hour over the maximum speed limit, to a

fine of double the fine set out in clause 128 (14) (

a) for each kilometre per

hour that the motor vehicle was driven over the maximum speed limit;

(

b) is 20 kilometres per hour or more but less than 35 kilometres per hour

over the maximum speed limit, to a fine of double the fine set out in clause

128 (14) (

b) for each kilometre per hour that the motor vehicle was driven

over the maximum speed limit;

(

c) is 35 kilometres per hour or more but less than 50 kilometres per hour

over the maximum speed limit, to a fine of double the fine set out in clause

128 (14) (

c) for each kilometre per hour that the motor vehicle was driven

over the maximum speed limit; and

(

d) is 50 kilometres per hour or more over the maximum speed limit, to a

fine of double the fine set out in clause 128 (14) (

d) for each kilometre per

hour that the motor vehicle was driven over the maximum speed limit.

. . . . .

Penalty for careless driving

or racing in construction zone

(17) Every person who commits an offence under

section 130 or

172 in a construction zone is liable, on conviction, not to the penalty set

out in those sections, but to a fine of not less than double the minimum fine

set out in those sections and not more than the maximum fine set out in those

sections or to imprisonment for a term of not more than six months, or to

both, and in addition his or her licence or permit may be suspended for a

period of not more than two years.

Penalty for other offences

in construction zone

(18) Every person who commits an offence in contravention of

any of sections 132 to 164, inclusive (except subsections 140 (4) and (6) and

subsections 144 (22) to (29), inclusive),

section 166, 167, 168 or 169,

subsection 176 (3) or

section 182 in a construction zone is liable, on

conviction, not to the penalty otherwise applicable, but to a fine of not

less than double the minimum fine otherwise applicable and not more than the

maximum fine otherwise applicable.

Suspension of licence on conviction

(19) Despite subsection (15) but subject to subsection 207 (7),

where a court or judge has convicted a person for a contravention of

subsection (14.1) and has determined that the person convicted was driving at

a rate of speed of 50 or more kilometres per hour greater than the maximum

speed limit, the court may suspend the driver's licence of the person for a

period of not more than 60 days.

(3) Subsection 205.1 (1) of the Act, as enacted by the

Statutes of Ontario, 1993,

chapter 31,

section 2, is amended by striking out

"within an area of Ontario designated by the regulations" and substituting

"in a construction zone designated under subsection 128 (8) or in a

construction zone designated as a community safety zone under subsection

214.1 (1.1)".

(4) Clause 205.14 (

b) of the Act, as enacted by the

Statutes of Ontario, 1993,

chapter 31,

section 2, is repealed.

(5) Section 214.1 of the Act, as enacted by Statutes of

Ontario, 1998,

chapter 6,

section 1, is amended by adding the following

subsection:

Construction zones designated

as community safety zones

(1.1) The council of a municipality may by by-law designate a

part of a highway under its jurisdiction as a construction zone to which this

section applies, and if so designated, the construction zone shall be deemed

to be a community safety zone for all purposes while so designated.

(1) Section 26 of the Public

Transportation and Highway Improvement Act , as amended by Statutes of

Ontario, 1998,

chapter 15,

Schedule E,

section 31, is further amended by

adding the following subsection:

Agreement for road construction, use of police

(2.1) When the Minister enters into an agreement under

subsection (2) to construct or maintain a highway that is designated as a

controlled access highway under

section 36, the Minister shall ensure that

the agreement includes provisions requiring the use of police to control

traffic in order to protect the safety of workers while the work is being

undertaken.

(2) Section 28 of the Act is amended by adding the

following subsection:

Closing controlled access highway to traffic

(1.1) While a work authorized by this

Part is in progress on a

highway designated as a controlled access highway under

section 36, the

Minister or a person authorized by him or her,

(

a) shall close to traffic the roadway that carries traffic on the side of

the highway on which the work is being done for such time as the Minister or

such person, as the case may be, considers necessary; and

(

b) shall divert the traffic to the roadway on the side of the highway on

which no work is being done, and that roadway shall be divided such that it

can safely accommodate traffic traveling in both directions while traffic is

so diverted.

Section 23 of the Occupational Health and Safety

Act is amended by adding the following subsections:

Notice of project on highway

(3) A constructor shall, before commencing any work on a

project that includes highway construction or highway maintenance, give to a

Director notice in writing of the project, which notice shall include a

written traffic protection plan and such other information as may be

prescribed.

Traffic protection plan

(4) In addition to any other matters that may be prescribed,

the traffic protection plan shall,

(

a) either remove traffic from the work zone or, if that is not practical,

include the use of barriers of sufficient size and weight to protect workers

on the project;

(

b) ensure that workers are protected from vehicular traffic while they

are installing or removing traffic control devices; and

(

c) utilize crash trucks and police vehicles or pace vehicles to protect

workers during the project, including during the set-up and removal of

traffic diversionary devices.

Same

(5) A constructor shall not include the use of a blocker truck

as part of the traffic protection plan and shall not use such a truck on a

project that includes highway construction or highway maintenance.

Pre-construction meeting

(6) Before commencing any work on a project that includes

highway construction or highway maintenance, a constructor shall hold a

pre-construction meeting that includes representatives from the constructor,

any subcontractors, the Ministry, the Ministry of Transportation, the police

having jurisdiction over the highway on which the work is being done and from

such other persons as may be necessary to ensure that workers are protected

from vehicular traffic during the project.

Definitions

(7) In this section,

"blocker truck" means a truck that weighs at least 6,800 kilograms and has

four-way flashers and a mounted flashing arrowboard sign;

("camion-barrière")

"crash truck" means a blocker truck that is equipped with a

crash-attenuating device. ("camion d'emboutissage")

Commencement

4. This Act comes into force on the day it receives

Royal Assent.

Short title

5. The

short title of this Act is the Safety in

Highway Construction Zones Statute Law Amendment Act, 2001 .

EXPLANATORY NOTE

The Bill implements recommendations made by the coroner's jury as a result

of the inquest into the death of Dick Van Rooyen. It amends the Highway

Traffic Act by increasing the penalties if convicted of a driving

offence in a construction zone. Photo radar may be used in construction

zones. It permits municipalities to designate construction zones as community

safety zones and to have construction zones treated as community safety zones

if so designated.

The Bill also amends the Public Transportation and Highway Improvement

Act by requiring that agreements made by the Minister of Transportation

for the construction of highways include provisions on the use of police to

protect the safety of workers. It also requires the closure of the travelled

portion of controlled access highways while work is being done and the

diverting of traffic to the other side of the highway.

The Occupational Health and Safety Act is amended to require the

filing of a traffic protection plan if a construction project is to take

place on a highway. The contents of the plan are specified. The use of a

blocker truck to control traffic at such a project is prohibited.

Date Bill stage Activity Committee

December 12, 2001

First Reading

Carried

December 5, 2001

Ordered carried over from previous session

December 5, 2001

Carried over to next session

Debates and Progress

First Reading

December 12, 2001

Second Reading

Committee

Third Reading

Royal Assent :

Coming into force :Royal Assent.

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Document details

Collection	Ontario — Bills
Citation	Bill 153, 37-3
Type	bill
Volume / chapter	p37 s3 bill 153 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	4f0cc28ccad18717369941c74242c0ab30d22013

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