Ontario Highway Traffic Act gets updates that will affect all Motorists- June 2015

With the final unanimously passing of Bill 31, Transportation Statute Law Amendment Act on June 2nd, 2015. There are quite a few changes that will essentially affect all types of road users as well as increasing penalties for various infractions. It now only needs to be signed into law. This will certainly kick many drivers in the wallet and maybe some behaviours will change for the better.

Fines for distracted drivers will increase to between $300 to $1,000, plus three demerit points. Finally. Ontario is the last Province to impose demerit points. Heavier fines and demerit points, which can lead to heavier fines if caught again, along with license suspensions and eventually increased insurance rates are the only way to effect change in drivers; by hitting their wallet, but cops will need to actively enforce the rule and pull people over every time they see someone texting or talking on their phone (without a hands-free kit but don’t get me started on that). Police used to have the power to charge people for this even before the hands-free laws came out by charging people with “Careless Driving” but smartass lawyers argued you couldn’t prove it was careless despite all the studies and research from all over the world having proved that it’s dangerous.

Fines for opening a door into the path of a cyclist will increase to the same amounts as for distracted driving. It’s important to note that this rule as it worded means that any driver opening their door into anyone’s path could be charged…not just into a cyclists path. The wording isn’t going to change…just the fines.

HTA 165. No person shall,

(a) open the door of a motor vehicle on a highway without first taking due precautions to ensure that his or her act will not interfere with the movement of or endanger any other person or vehicle;

A new rule will be that motorists must leave a one-metre distance when passing bicycles (where practicable). Also new will be allowing Cyclists to use the paved shoulders on non-400 series provincial highways. The Minister of Transportation always had the power to do that (151. (1) The Minister may by regulation designate any part of the King’s Highway where the paved shoulder may be driven on). Although technically illegal before, unless otherwise posted, I don’t think a police officer would have actually charged cyclists for having done so.

If you’re a cyclist, you should note that for not having lamps, reflectors and reflective material (yes you need a combination of all three [HTA Section 17]), the fine has increased to between $60 and $500.

The bill also requires that drivers now wait until pedestrians completely cross the road at school crossings and at crosswalks with pedestrian-operated crossing lights; not just yield half the roadway which was required under the old law [HTA Section 140, Sub2(a)(b)]. Well that rule change may actually make things worse…waiting for a pedestrian to clear the entire roadway before a motorist can proceed. The primary goal of the HTA is to keep traffic flowing. This rule change will actually impede traffic flow a bit.

The larger concern is for motorcyclists and scooters who now have to sit in the middle of the road waiting for a pedestrian 30ft away to take those final few steps. This sets them up for a wicked hit from behind. Drivers have a hard enough time seeing bikers as it is without forcing them to sit stopped in the middle of the road unnecessarily.
Not enough drivers are going to know about this, so someone like me, on a bike, who tries to obey the laws will stupidly sit in the middle of street and hope I don’t get creamed from behind.
I’ll have to look up what the ticket is worth and then decide how to handle this one IF I’m on a motorcycle. I get why they made this change (to make it safer for pedestrians) but both the pedestrians and I would be safer if I ignored this law, which wasn’t thought through well enough.

For those of you who indulge in drugs and think that it’s ok to drive, you should note the fines for doing so will now match penalties as drivers impaired by alcohol and roadside suspensions of three to 90 days. Your vehicle could also be impounded for seven days and convicted offenders may to install an ignition interlock device to prevent them from driving while impaired in future. The cost of doing so is all on you and those things aren’t cheap, nor is the cost of installing them and later removing them. This is already a criminal offense though. Under the Criminal Code of Canada Section 253(1)(a), where it basically says you can’t be “impaired by alcohol or a drug”. If even a prescription drug affects your ability to drive, it’s a criminal offense.

The new updates also clarifies the mandatory and discretionary requirements by doctors to report unfit drivers. This will be a touchy area and quite often doctors don’t want to impose a medical suspension because they aren’t driving experts (and they know it) and they can’t be exactly sure of how badly their patients condition is affecting their ability to drive. Having read this new section, I can’t see it making much difference to how things are currently being done except to release a doctor from any liability in reporting someone, in good faith, that they deemed as unfit to to drive.

The Dangers Faced by Driving Instructors

Being a driving instructor is a dangerous job no matter how you look at it or what type of instructor you are. There are various types of instructors and the ones we think about most are the instructors who teach beginners how to drive and help clients get their drivers license. As a licensed instructor myself, I know full well that taking a new driver onto public roads is risky and terrifying…not only for me but also for the client. Driving is the one thing we regularly do that could get us killed and rarely does that thought cross ones mind when they leave their driveway. Most instructors who only work in this group aren’t actually very good though and often teach unsafe driving habits and techniques. There are only a handful that I would trust to teach my son.

Then there are Advanced Instructors and although the title is a bit subjective, this is the type of instructing that I specialize in and do the most. My focus is on making drivers safe and not just focusing on the basic maneuvers like how to park. A parking maneuver gone wrong is unlikely to ever kill anyone in the car, although it could kill a pedestrian if the driver isn’t paying attention. What you learn from an advanced instructor is what will save your life (and the lives of others) on public roads.

Then there are Performance Instructors which I am one of also. These are the instructors who teach drivers how to get the most out of their vehicles and themselves and how to improve and how to drive at the limit of both driver and machine…on the edge of the envelope. These are the instructors that are called upon for instructing on racetracks, either teaching someone the art & science of racing or at slower speeds, just teaching drivers how to lap on a race track safely. But to get around a race track safely, people first must learn a hell of a lot of things before they try it and once they do, the instructor is right there beside them, slowly working on the driving skills, their control and their technique so that they can go faster in increments. Let me say that last part again…’in increments’.

When I’m instructing at a race track I always start by telling my client “Don’t try and impress me, because you won’t, and if you try and drive fast, you won’t be and you’ll just get us hurt. Speed is a byproduct of being smooth, being in control and learning the techniques.” Most drivers don’t understand that they have to learn how to be smooth, learn control and learn the techniques FIRST. Once those are learned, speed just…happens.  When organizers of track events, or the instructors, forget those basic fundamentals, things can go horribly wrong. If there is ever a failure in either the driver or in the vehicle, being on a safe track is paramount. Some tracks though have very obvious safety flaws that go ignored. I don’t mean simply unnoticed, I mean the issues are known and flatly ignored.

Once again, there has been a fatality in the ‘performance driving experience’ market.  On Sunday April 12th, 2015, Gary Terry, an instructor (and former race car driver) was killed in Orlando, Florida. He was not only an instructor but also the Operations Manager for the Exotic Driving Experience company (operated by Richard Petty Holdings) on the Disney World race track. The client who was driving was 24 years old and suffered only a few minor injuries. He was released from the hospital that evening. Gary Terry had a wife and young child who now have to make sense of what happened and learn to live without him in their lives.

The company’s website says “Exotic Driving Experience gives YOU the opportunity to get behind the wheel of these supercars and make your dreams a reality. Each experience starts with six laps around the course with a professional driving instructor in the passenger seat providing coaching and feedback.” No mention of any in-class training or recon laps with the instructor driving first. I wonder how many laps they actually completed.

The track itself was originally designed and built as a stock car oval track but was later modified to include an infield section for programs like the Exotic Driving Experience. They used not only the infield course section but also part of the original oval. They they ran in ‘reverse direction’ to how the oval track was designed to be run…this was a lethal mistake. After carefully looking at the track overall and the design features, this track configuration could be lethal no matter which direction it was run in. When tracks are modified to suit a wider range of features and applications, it really has to be totally redesigned and re-engineered. Not just slapped together with the “Ya…that will do” mentality. Sure this new section of track wasn’t intended to be used for official competition and it wasn’t. So maybe they didn’t have to meet the same safety standards that a ‘race track’ would have required. Although when you are providing exotic sports cars like Ferraris, Lamborghinis and Porsches, to anyone with a license who can afford to pay the price, you’re begging for trouble. These caliber of cars are basically street legal race cars and they do require much skill to drive. Especially to drive them fast on the track. Doing so on a track with some serious safety design flaws…no thank you.

The driver obviously lost control of the Lamborghini they were in and crashed passenger side into the unprotected and exposed end of one of the barriers. This could have happened in several other areas of the track also. Not a tire stack or Fitch Barrel to be found anywhere on these exposed ends of the walls.

Working at a facility like this and with a company that obviously ignored some pretty obvious safety issues is a horrible situation to be in as an instructor. You need to work and provide for your family & that was the only real gig in town for instructing, but the safety compromises would have been obvious to Gary who was by all accounts very experienced. Its for reasons like this that a lot of instructors have given up doing in-car instruction on race tracks. Its for similar reasons that I stopped instructing at various lapping events at certain tracks. Sure I still instruct in-car on race tracks but I’m very picky about which organizers & schools I work with and on which tracks.

As performance instructors, part of our job is to keep our clients safe and not let them exceed their skill level. Like I said earlier, speeds go up incrementally. But at a company like this, part of what the client is paying for (and expects) is a thrill ride and with the starting package offered, you’ve only got six laps. Knowing this, the client wants to make his limited number of laps count. I get that the clients want to drive their dream cars and drive them fast but there just isn’t enough time to teach them the required skills and techniques to be fast. There lays the paradox. All it takes is one client who thinks he’s a good driver (and everyone thinks that) to ignore the instructors commands and go hell for leather, for things to go horribly wrong. Now I’m not suggesting that’s what happened in this case but obviously something went wrong and the client was unable to control the car. The Florida Highway Patrol is investigating the accident, and at the time of writing this, the only reason given was “failure to maneuver.” Perhaps “failure to recover from a skid” or “driver far exceeded their skill” might be more accurate.

It’s happened before and it will happen again. Only once the instructors make a stand and start refusing to work for certain companies/organizers or on certain tracks, until they clean up their act and/or improve the safety measures, will any change actually happen. They don’t have a business without the instructors and it’s not the kind of job that can be filled by some Joe Blow with no experience in both teaching and high performance driving.

Personally, I wouldn’t work for a company like this. There is no way I’m going to let someone with only the basic driving knowledge and skill drive me around a race track in a supercar that can reach speeds of older Formula 1 cars. Add to that an unsafe race track? No thanks.

If you want a thrill ride, that’s fine…I’ll do the driving thanks. All you need to do is just hang on. Please folks…leave this kind of driving to the Pros. Trust me, it’s more of a ‘thrill’ when the driver is a Pro anyway.

Side Note: Within a couple days of the tragedy, the Exotic Driving Experience has cancelled all operations at the Disney World track and has updated their website to reflect that the facility has been removed from their list of track venues. Apparently Disney has already slated the track to be demolished and turned into a parking lot anyway.

The Winter Car Control & Driving School – Why we do this

It’s about 4am and it’s cold. Really cold. Last year it was called the “Polar Vortex”. This year it’s being called the “Arctic Express”. I’m sure that next year it will be called something else by the media who, for some reason, feel they must come up with some cutesy new name for “winter”. Most creatures in North America know well enough to stay curled up in their dens and burrows but a small group of people are beginning to stir on a very chilly Saturday morning. Chilly is an understatement of course…it’s not just chilly…its cold…STUPID COLD! They don’t really want to leave the warmth of their cozy beds and may even grumble aloud “Ugg…what am I doing?” Although, in the time it takes to even verbalize such a thought, they know that the satisfaction of what they are about to do, outweighs the discomfort and even pain that they will endure this day. They are part of a team and there is a job to do. Lives depend on it.

At the same time, another group of people is beginning to stir. They too are enjoying the warmth of their beds while evaluating their own range of emotions. Some are excited for the day ahead, while others are downright terrified. This is a diverse group and all strangers to each other. Like the 42 year old housewife who is so nervous that she is shaking like a leaf. The 20 year old kid who thinks a lot of himself. The 53 year old guy who doesn’t want to go but his wife of the same age insisted that he do this with her. The 26 year old guy who just graduated from Police College, the two teenage sisters and their middle aged mom, and so on. Each one of them are trying to mentally visualize what the day will be like and although they have an idea what they will be doing, none of them are exactly sure what to expect.

Soon, these two groups of people will leave their homes from various places across Southern Ontario, drive 2-3 hours and all converge in the small town of Minden. Welcome to the ILR Winter Car Control School.

The first group are the instructors and combined they have over 200 years of experience as instructors and race car drivers. The second group are the students, and combined they have over seven crashes under their belt (three of which were total right-offs). In total there will be 11 students taking this course. Some have never been in a crash and are there to learn how to be as safe as possible in hopes that they never will crash. Others have been in collisions and are there to learn more in hopes of never being in that situation again. Some have crashed more than once and need a lot of help. The instructors are there to help and at the end of the day, the satisfaction of knowing that nearly a dozen people are now safer drivers, well…that’s the real reward for them. Now you can see why lives depend on their skill and knowledge.

As one of the Chief Instructors, my main role is as the talking head at the front of the classroom who engages the students in the material and keeps them thinking. I saturate them with information about proper seating position (just a simple thing that most drivers do wrong), techniques on how to use their hands and feet, setting the mirrors correctly, etc. All simple things really but they have a tremendous impact on how well you can control a car, and most drivers have no idea that they were initially taught wrong. A lot of drivers figure that there’s nothing wrong with their way of doing things. They’ve been doing it like that for 20 plus years and that’s how they were taught. So what do we know right? Until we show them some better ways of doing the same things…simpler ways…safer ways. We really do have to prove it to them though first before they accept it. Humans are strange that way. Most people don’t like change and often reject it, even when the change is for the better. Sometimes it’s very much like telling a guy that he’s been doing something wrong for decades and his dad was wrong for teaching him that. Some people take that news as quite insulting, and that sets the stage for what comes later….”Oh ya?? I’ll show you!”

As I carry on my day as the in-class instructor, I use a lot of real world examples of what the consequences could be (and have been for others) of not doing things right. I also discuss a lot about our human physiology and what our limitations are in how we have evolved. What feels ‘natural’ often sets us up, as drivers, for disaster. Things that nobody really thinks about or even knows about (outside of the scientific community, specific to those fields of study), and I try and bring that knowledge to the average person but they are going to have a serious impact on how you see the world and react to it. Time and time again, I hear from my students “I had no idea our eyes do that”. Now that they do know, they are aware of how to compensate for that and see their world better.

The class is split into two groups, and while half the group stays with me in-class, the other half goes out with the other instructors to do the in-car exercises; Slalom courses, emergency stopping, collision avoidance and skid pad work. Although truth be told, every exercise is a skid pad really. The whole place is covered in ice about one foot thick and it is so slippery that you can barely walk on it. This is our playground and it doesn’t take long before the 20 year old kid realizes that his confidence far exceeds his skills and he spins out on the ice knocking over a bunch of the traffic cones. The 53 year old guy who tried to show us that he was right and that we were wrong…well, he ended up stuck on the snow bank, and everyone else got to learn from their mistakes. The instant your ego surpasses your skills…things go wrong. However, it’s always better to learn from that in a safe and controlled environment, rather than out in the real world where things can get expensive and could also result in injuries.

It’s a pretty hard day on the in-car instructors. They are paying attention to so much more than the students realize. They are looking at every little detail of the student’s driving techniques…holding the wheel properly, where they are looking, what their feet are doing, even how firmly they are holding the steering wheel. It all adds up. It all makes a difference to how well someone can control their car. Like that wasn’t enough to focus on…someone has to stand outside in freezing cold temperatures to run around and reset the cones that the students knock over. That’s the really miserable job and the instructors take turns doing it so that nobody has to suffer the cold for too long and become hypothermic. Yet no matter who does it, or for how long, they eventually lose feeling in their toes and hands, and the pain of their frozen ears never really goes away until the day is over…no matter how well they are suited up for the cold.

Most drivers have said at some point “It’s not me. I’m a great driver. Everyone else is the problem.” It’s at a school like this where they realize that maybe they were part of the problem. Or at least, that they weren’t part of the solution. By the end of the day though, they will be part of the solution. After well over a decade of being a driving coach and advanced driving instructor, I’m still learning. Hell I’m the only person I know who’s actually read the Highway Traffic Act cover-to-cover (more times than I care to admit). Yes I’m that much of a road safety nerd, but if you haven’t read it yourself…then you certainly have more to learn. You can start there. They are after all a set of rules that you are expected to abide by. How can you obey the laws if you don’t know what they are? By the way, ignorance of the law isn’t a valid defense in court (just a warning).

Now while the practical in-car skills are taught and practiced throughout the day, the morning in-class material focuses on the driver part of the equation and we work on one’s driving attitude and knowledge, and how to recognize and avoid dangerous situations. The more danger you look for, the more you will find, and therefore the more you have a chance to avoid. We also dispel many of the things that have been taught to us over the last several decades that were never good ideas to teach to begin with, as well as many things that should be taught differently but aren’t.

In the afternoon, we start to focus on the vehicle part of the driving equation and once again, we dispel many of the myths and misconceptions about what your car can and cannot do (contrary to what we often hear in marketing campaigns or from the sales person). When I first started driving, I was told that all-season tires actually meant “all-season” and that ABS brakes meant I could stop on a dime and get a nickel in change. I was miss-informed. Today, we are all saturated with new technology, much of which is being promoted under the guise of being a ‘safety feature’, but they no more improve one’s safety than a lucky rabbits foot hanging from the rear view mirror.

By the end of the day, the group of students and all the instructors are exhausted. It’s a long, taxing day for everyone. However, everyone walks, errr…drives away, very satisfied. The students have all had their eyes opened, learned how to better avoid dangerous situations and as a result they’ve become safer, more aware drivers. They have also greatly improved their skills behind the wheel.

As for us, the instructors, we walk away from the day knowing that we’ve made another handful of safer drivers on our roads and taught them some valuable life skills.

As an instructor who takes much pride in his work, my goal is to make drivers safer and my mantra is “Tackling our roads…one driver at a time”. Today we helped 11 more and one will soon be a cop (we’ve trained many police officers, both on active duty as well as up-and-coming). I consider that a great day. No matter how good of a driver you are, or think you are, there is always more to learn. So how about taking some interest in improving your driving skills and knowledge, because let’s face it…the better you can make yourself as a driver, the less likely you will ever have to call your insurance company to submit a claim (or worse).

Driving is a life skill and lives depend on it…yours and your family. That should be incentive enough to make damn sure you get the best training available. If I don’t see you in my classroom…there is room for improvement.

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