Ministry of Transportation Safety Policy and Education Branch Bill 203, The Safer Roads for a Safer

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Ministry of TransportationSafety Policy and
Education Branch Bill 203, The Safer Roads for
a Safer Ontario Act, 2007Bill 126, The Road
Safety Act, 2009

• Kingston Workshop - Impaired Driving Focus on
  Young Drivers
• September 28, 2009

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Great Progress in Three Decades
Note Mandatory use of seatbelts took effect in
1976.
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Context Drinking and Driving

• Drinking and driving has claimed more than 2,000
  lives during the past decade. During that same
  period, more than 50,000 people were injured in
  collisions involving a drinking driver.
• While Ontario has come a long way, impaired
  driving remains a serious societal problem
• Drinking and driving still accounts for almost 25
  per cent of all fatalities on Ontarios roads.
• In 2006, 190 people were killed and 513 were
  seriously injured in crashes involving a drinking
  driver.
• The financial cost to society of drinking and
  driving is estimated to be 3 billion annually.
• About 16,500 impaired driving incidents were
  reported by Ontario police services in 2006.
• Alcohol-related offences accounted for the large
  majority (12,016 or 75 per cent) of all motor
  vehicle convictions related to the Criminal Code
  processed in Ontario.

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Context Drinking and Driving (contd)

• Until the late 1990s, Ontario made significant
  annual gains that improved its impaired driving
  fatality rate. However, like many jurisdictions,
  since 1998, progress in addressing Ontario's
  drinking and driving fatality rate has plateaued
  

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Bill 203 Drinking and Driving

• Bill 203, The Safer Roads for a Safer Ontario
  Act, 2007 received Royal Assent on June 4, 2007.
• New measures are already in effect to seize and
  forfeit the vehicles of those who repeatedly
  drive while suspended for impaired driving.
• Effective May 1, 2009, new escalating sanctions
  for drivers caught with a blood alcohol
  concentration (BAC) between 0.05 and 0.08 (the
  warn range).
• A new program will allow certain convicted
  impaired drivers to receive a reduced suspension
  if they participate in a conduct review program
  that will include the mandatory use of an
  ignition interlock device. The policies and
  operational procedures required to bring this
  program into effect are currently being
  developed.

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Bill 203 Escalating Sanctions

• Prior to May 1, 2009, drivers that registered in
  the warn range received an immediate 12-hour
  administrative licence suspension at the
  roadside. The suspension was not tracked on the
  drivers record and there were no additional
  consequences for repeat occurrences.
• 25 per cent of drinking drivers killed in Ontario
  in 2006 had a BAC of less than 0.08 and research
  shows that drivers with a BAC in the warn range
  are 7.2 times more likely to be involved in a
  fatal collision than drivers with a zero BAC.
• Effective May 1, 2009, drivers who blow in the
  warn range are subject to
• 3-day licence suspension and a 150
  Administrative Monetary Penalty (AMP) for a first
  occurrence
• 7-day licence suspension, 150 AMP and drivers
  must also complete a remedial alcohol education
  program for a second occurrence in a five-year
  period and,
• 30-day licence suspension, 150 AMP and drivers
  must also complete a remedial alcohol treatment
  program and will also be subject to a six-month
  ignition interlock licence condition for a third
  occurrence in a five-year period.

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Bill 203 Escalating Sanctions Statistics

• On September 10, 2009, there had been 6,702 Warn
  Range BAC Suspensions issued since May 1, 2009 .
  These suspensions will be recorded on the
  drivers record.
• This averages to approximately 51 suspensions per
  day since the measures took effect on May 1,
  2009, with over 1,400 suspensions for each full
  month of enforcement (e.g. May-Aug)
• The most frequently occurring driver age range is
  25-34, which account for 28 (1,881) of the total
  suspensions.
• There were 185 people aged 65 and over caught by
  police, including 11 who were 80 and over.
• At the other end of the age spectrum, 83 (or
  1.2) drivers were 17 years of age or under,
  including 2 persons under 16.
• 79.4 (5,324) of the drivers are in the age range
  of 21-54. 
• 5,795 males (86.5) and 907 females (13.5) were
  suspended under section 48.

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Bill 203 Street racing, Driving Contests and
Driving Stunts

• Implementation Date September 30, 2007.
• Section 172 of Highway Traffic Act was amended to
  impose roadside administrative sanctions and
  tough penalties upon conviction for engaging in
  street racing, driving contests and stunt
  driving
• An immediate seven-day licence suspension and
  seven-day vehicle impoundment at roadside when
  officer has reasonable and probable grounds to
  believe offence committed
• Those convicted can receive fines from 2,000 to
  10,000
• Courts can impose a driver licence suspension of
  up to 10 years for a second conviction within 10
  years.
• Maximum licence suspension of two years for first
  conviction and maximum 6 months in jail remained
  unchanged.
• Prohibited the use of a connected nitrous oxide
  system while driving on a highway.
• Definition of stunt includes speeding at 50
  km/hr or more above the posted limit.

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Bill 203 Street Racing Statistics

• As of August 10, 2009, there have been 14,434
  roadside vehicle impoundments and drivers
  licence suspensions issued to drivers engaged in
  street racing, driving contests and driving
  stunts since September 2007.
• This averages to approximately 21 roadside
  sanctions per day.
• The vast majority of the suspensions were for
  speeding at 50 km/h or more in excess of the
  posted limit. This rate of speeding is defined
  as a stunt in the regulation supporting the
  section 172 amendment.
• It is important to note that, when first
  implemented, almost 40 drivers were caught daily
  while now we are down to approximately 21.
• The OPP has indicated that the number of serious
  collisions and fatalities are down in the first
  three months of 2009 on roads they patrol when
  compared to the same period in 2008.
• This includes an overall decrease of 5.5 per cent
  in the number of fatal collisions on OPP
  patrolled highways.
• This is on top of a 29 per cent decrease in
  speed-related traffic fatalities on OPP patrolled
  highways in 2008, compared to the year before.

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Context Bill 126

• Despite excellent progress, motor vehicle
  collisions continue to be the leading cause of
  injury and death from age 3 to 33.
• In 2005, 766 people were killed and 3,619
  seriously injured on Ontarios roads thats
  more than 2 people killed and 10 seriously
  injured every single day.
• Motor vehicle collisions cost Ontarians an
  estimated 18 billion annually.
• The majority of motor vehicle collisions are
  preventable to save lives and prevent injuries,
  there is a need for enhanced education,
  legislation and providing police services with
  more effective enforcement tools.
• It is estimated that three-quarters of suspended
  drivers continue to drive -- about 2,000 fatal
  and injury collisions each year involve
  unlicensed drivers.

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Bill 126 Current Status

• Bill 126 was introduced on November 18, 2008.
• The Bill received second reading on December 10,
  2008 and was referred to the Standing Committee
  on General Government.
• Public hearings were held on March 9, 11 and 23,
  2009. Clause-by-clause analysis was completed by
  the committee on April 1 and, on April 2, 2009
  the Bill was referred back to the Legislature for
  3rd reading.
• The Bill was passed with unanimous all party
  support on April 21, 2009, and received Royal
  Assent on April 23.

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Bill 126 Legislation, Regulations and Education

• This comprehensive package of road safety
  measures will help to
• Reduce deaths and injuries among young and novice
  drivers
• Deter drinking and driving
• Curb suspended drivers from driving unlicensed
  and uninsured
• In a related initiative not included in Bill 126,
  we propose to amend Ontario Regulation 340/94 to
  create an improved Graduated Licensing System
  (GLS).
• A modern, multi-media public education campaign
  targeting a young demographic will help prevent
  the collisions from happening in the first place.
  

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Young Novice Drivers

• Despite the success of Ontarios Graduated
  Licensing System (GLS), young drivers continue to
  be significantly over-represented in fatal and
  injury collisions.
• Teenage drivers are three-and-a-half times more
  likely to be involved in an at-fault fatal
  collision than drivers between the ages of 30 and
  59.
• Studies have shown that young drivers, partly due
  to both their lack of driving experience and
  their tendency to take more risks while driving,
  have a higher collision risk when they have
  consumed even small amounts of alcohol.
• 19, 20 and 21 are the peak ages in drinking and
  driving-related collisions. Their involvement
  rate in fatal and injury drinking and driving
  collisions is 28 per cent higher that drivers
  aged 22-24.
• In the 10 years to 2005, inclusive, 233 drivers
  under 22 were killed in drinking and driving
  collisions.

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Novice Driver Proposals (Regulations)

• Create an improved graduated licensing system for
  novice drivers
• Extend GLS to 3 years (from the current 2 years
  with a 4-month time discount for G1 drivers who
  complete a ministry-approved driver education
  course) G1 and G2 would be extended to 18
  months there would be a 6-month time discount
  for G1 drivers who complete a ministry-approved
  driver education course (BDE).
• Gives novice drivers more driving experience
  while in low-risk driving environments evidence
  suggests that the longer a young novice driver
  remains in GLS, the lower the risk of collision.
• Ministry has approved a new, enhanced BDE
  curriculum and expanded its regulatory oversight
  of BDE.
• Minimum age for graduating to full G would be 18
  years, 6 months, up from 17 years and 8 months
  today.

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Novice Driver Proposals (Regulations) Contd.

• Introduce escalating sanctions for repeat
  violations of GLS restrictions, HTA pointable
  offences that incur demerit points and
  court-ordered suspensions
• 30-day licence suspension for the first
  conviction, 90-day suspension for the second
  conviction, return to start of G1 for the third
  conviction. (Driver would need to take beginner
  driver education again to qualify for a time
  discount.)
• Provides significant incentive to abide by the
  rules of GLS and the rules of the road.
• Proposed threshold for including pointable HTA
  offences is four -- these are the most serious
  HTA offences and include speeding at 30 km/h or
  more above the posted limit, careless driving and
  failure to remain at the scene of a collision.

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Zero BAC requirement for Young Drivers
(Legislation)

• Bill 126 has extended the zero BAC requirement
  that currently applies to novice drivers to all
  fully licensed drivers (in all licence classes)
  up to and including age 21
• In the 10 years to 2005, inclusive, 233 drivers
  aged under 22 were killed in drinking and driving
  collisions in Ontario.
• The peak ages for drinking and driving collisions
  are 19, 20 and 21.
• All U.S. states now have zero BAC laws for
  drivers up to age 21 and these laws are cited as
  one of the most important reasons for a drop in
  young driver collisions.
• Other jurisdictions that have zero BAC for
  drivers under 21 Queensland, Australia, Croatia,
  Czech Republic, Hungary, Romania, Slovak
  Republic. The following countries have a .02 BAC
  limit for all drivers Switzerland (for first 5
  years of licensure), Sweden, Norway, Netherlands.
• Penalties for non-compliance
• Immediate 24-hour licence suspension at roadside.
  
• If convicted, escalating suspensions for novice
  drivers (30 days for a first instance 90 days
  for a second instance and back to the beginning
  of G1 for a third instance).
• If convicted, 30-day suspension for fully
  licensed drivers post-conviction fine of 60 to
  500.

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Additional Road Safety Items in Bill 126

• 7-day roadside vehicle impoundment for drivers
  caught driving while under an HTA licence
  suspension (excludes default of HTA fines and
  medical suspensions includes default of family
  support payments), for vehicles that are not
  equipped with ignition interlock when driven by
  persons with an ignition interlock requirement on
  their licence, and for drivers who exceed .08 BAC
  and receive a 90-day Administrative Drivers
  Licence Suspension.
• Strengthen penalties for certain serious HTA
  offences.
• Permit the use of alternative restraint systems
  for children with special needs who cannot use
  conventional child car seats (regulation).
• Permit the use of integrated child car seats and
  require child seats to be used in vehicles
  registered outside Ontario (regulation).
• Allow second breath test for drivers with breath
  samples registering in the warn range (0.05 to
  0.08 blood alcohol concentration) to be conducted
  on a second roadside screening device and place
  time limit on request (legislation).
• Implement D-250 CSA standards for new school bus
  vehicles (regulation).
• Recognize e-bikes in legislation (legislation and
  regulation).
• Allow emergency response vehicles used by
  paramedics to have the same rights as other
  emergency vehicles to exceed the speed limit and
  proceed with caution through red lights
  (legislation).
• Extend liability protection to the
  towing/recovery industry for removing vehicles
  and debris from the highway when ordered by the
  police (legislation).
• Permit all motor vehicles (e.g., pickup trucks)
  to tow farm implements while displaying a slow
  moving sign (legislation).
• Change from Registrars authority to police
  authority to issue 90-day Administrative Drivers
  Licence Suspension (ADLS) for blowing over 0.08
  (legislation), to police authority vehicle
  impoundment for driving while suspended (under
  Criminal Code) (legislation), and to MTO
  enforcement staff authority to impound a
  commercial vehicle under the Commercial Vehicle
  Impoundment Program (CVIP) (legislation).