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Stouffville Surrv'l‘ribune- Friday, Her. Jo, 3008 9 MPP puts brakes on top cop’s driving legislation OPP Commissioner Iulian Fantino wants to amend Highway Traflic Act, not insurance policy BY JOE FANTAUZZI Staff Writer 'Iraffic laws already on the books â€" not new legislation â€"â€" should be used to deal with drivers who do not pay attention to deterio- rating weather and road conditions, provinâ€" cial politician Frank Klees Said. Mr. Klees made the comments while responding to a call by Ontario Provincial Police Commissioner Julian Fantino earlier this week for politicians to draft new legisla- tion that would see motorists, who crash after not heeding poor driving situations, punished with fines and demerit points. Commissioner Fantino plans to draft a document to persuade Queen's Park to change the rules. “I find this quite bizarre," Mr. Klees said. “We can’t solve every problem with additional laws and additional fines. I don’t know how much thought he has given to this.” ‘What do you think my job is all about? It’s all about public safety. It those who are responsible for configuring the laws of the land don’t want to listen, that’s their prerogative! Julian Fantino OPP commissioner During a news conference at OPP Toronto detachment, Commissioner Fantino decried the 3,036 crashes the provincial force respond- ed to between 5 am. last Friday and Monday morning as mostly preventable, a massive workload and detrimental to the economy. Of those crashes. the southbound lanes of Hwy. 400 were closed at Aurora Road Friday morning after 15 vehicles, including a jack- knifed transport truck, piled up on the heavily travelled highway. In York Region, the 400-series highways as well as a portion of Hwy. 48 are patrolled by OPP. However, the type of amendment to pro- vincial traffic legislation proposed by Comâ€" missioner Fantino would apply to every highway, street and neighbourhood road in Ontario. Police would decide if the new charges would be laid, he said. “All of these (collisions) are preventable but for the way people behave," Commis- sioner Fantino said. Mr. Klees said he would vote against a law written to include what he called a “purely w h l . I urban: . Call The 61432;); Aisrbciation Steam 0 meaning. 0 UPHOLSTERY JULIAN FANTINO: OPP Commissioner wants leg- islation to combat carless winter drivers. subjective assessment" at the roadside by an officer. “I'm not prepared to allow for that kind of subjectivity to creep into the Highway Traffic Act," he added. Commissioner Fantino brushed off reports published earlier this week indicating the pro- posed law would put the onus on drivers and not insurance companies to pay in cases of crashes caused by motorists not adjusting to the weather and road conditions. “Some people have made it into an insurâ€" ance issue," he said. “It's not. It's a public safe- ty issue. I never once spoke about insurance. I never once spoke about who pays for what." Commissioner Fantino said it would be “irresponsible” for him not to address the issue. “What do you think my job is all about?" Commissioner Fantino asked rhetorically, while addressing the issue of a non-elected civil servant proposing law. “It's all about public safety. If those who are responsible for configuring the laws of the land don't want to listen, that's their preroga- tive.” Many jurisdictions in the United States have similar laws, he said. Early this year, Commissioner Fantino floated the idea of police laying a charge - albeit not as serious careless driving â€" against motorists who drive too fast in bad weather and get into a collision. Some critics w including prominent defence lawyer Peter Lindsay * argued the 0 3M Scolchguard 905-642-51 1 1 NEW YEAR’ EVE DINNERP ' two sittings: 6:00pm and 8:30p ‘ O thecornsrhousec ~ ,) ilh), Slouilwllrf r? r w A call for comment to the office of Transport Minister Jim Bradley was not returned by press time. latest proposal, it is too soon to say how insurers would classify the charge, if such legislation were implemented." proposal would be at odds with the presumption of innocence affordâ€" ed under the Canadian Charter of Rights and Freedoms. Commissioner Fantino said he was met with “no real resistance” about the proposed changes. V - ' . , . ,_ / The charge of careless driving, is - - ~ - ' " ' a catch-all that could apply to driv- ing too fast for weather and road conditions, York Regional Police Staff Sgt. Brad Bulmer, the comâ€" . mander of the traffic bureau, said. British Columbia, Manitoba, New Brunswick, NovaScotia, Prince , ‘ ') . . Edward Island and the city of St. and Frltnds John’s Newfoundland and Labrador either have laws or subsections of ' careless driving laws that deal with j o m . a" ff‘d" ~,s'rr_ Sgté‘fiiffiéfidf" w” "mm m - May all your dreams come true this holiday. ._ ' 'With Sincere(lratitude to our ‘3 Customers, Neighbours, Associates “If you are going to have such i a section, it should be included in ‘ careless driving,” Staff Brad Bul- ' ' mer said. ; ' Any new infraction created under I ' the provincial Highway Traffic Act would be considered by automobile , insurers when they are formulat- ._ ing rates, according to Insurance .. Bureau of Canada spokesperson James Geuzebroek. “Generally speaking, auto insurâ€" ers classify infractions as minor, major or serious and surcharge accordingly," he said. “Surcharges vary by insurer and they are not .. applied until the driver has been a g : convrcted of the_charge. 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