[37] Bill 74 Original (PDF)
Bill 74 2003
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. (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, 1997, chapter 26, Schedule, 2002, chapter 17, Schedule C, section 15, 2002, chapter 17, Schedule F, Table and 2002, chapter 18, Schedule P, section 29, is 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 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" at the end 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.
2. 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")
3. (1) Section 26 of the Public Transportation and Highway Improvement Act, as amended by Statutes of Ontario, 1998, chapter 15, Schedule E, section 31 and 2002, chapter 17, Schedule F, Table, is 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 period of 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 travelling in both directions while traffic is so diverted.
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, 2003.
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 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.
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.