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Im a dumbass with no common sense.

Im a dumbass with no common sense.

Old Jan 8th 2017, 3:00 pm
  #1  
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Default Im a dumbass with no common sense.

Well not me in particular although some BE posters might agree

A Winnipeg man was slapped with a nearly $240 ticket for driving with too much snow on the roof of his van.
McCullough said he had roughly seven to 10 centimetres of snow on the roof of his minivan — enough to earn him a ticket for operating a vehicle with an unsecured load worth $237.50.

Seriously did he go to the media with this story or did the media speak to him?
Either way I have to shake my head.
Driver slapped with nearly $240 ticket for driving with 'unsecured load' of snow on his van - Manitoba - CBC News

Too lazy to brush the snow off well thats one possibility.
Never driven behind a vehicle that has had snow on its roof which then blew off and obscured his vision while living in Winnipeg highly unlikely.
Claiming the law regarding snow on a vehicle roof is not specific enough ok lets give him so latitude.
Thinking that the snow would remain on the roof when driving naive perhaps.
Looking for sympathy as he thinks the ticket was unfair well none from me
Receiving a shed load of comments on social media after a friend posted about his ticket on Facebook a distinct possibility and Im guessing most not favourable to him.

Where is common sense when you need it?
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Old Jan 8th 2017, 3:48 pm
  #2  
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Default Re: Im a dumbass with no common sense.

Originally Posted by Former Lancastrian
Well not me in particular although some BE posters might agree

A Winnipeg man was slapped with a nearly $240 ticket for driving with too much snow on the roof of his van.
McCullough said he had roughly seven to 10 centimetres of snow on the roof of his minivan — enough to earn him a ticket for operating a vehicle with an unsecured load worth $237.50.

Seriously did he go to the media with this story or did the media speak to him?
Either way I have to shake my head.
Driver slapped with nearly $240 ticket for driving with 'unsecured load' of snow on his van - Manitoba - CBC News

Too lazy to brush the snow off well thats one possibility.
Never driven behind a vehicle that has had snow on its roof which then blew off and obscured his vision while living in Winnipeg highly unlikely.
Claiming the law regarding snow on a vehicle roof is not specific enough ok lets give him so latitude.
Thinking that the snow would remain on the roof when driving naive perhaps.
Looking for sympathy as he thinks the ticket was unfair well none from me
Receiving a shed load of comments on social media after a friend posted about his ticket on Facebook a distinct possibility and Im guessing most not favourable to him.

Where is common sense when you need it?
Just goes to confirm the often stated belief by many that common sense is not that common...
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Old Jan 8th 2017, 3:52 pm
  #3  
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Default Re: Im a dumbass with no common sense.

Originally Posted by Former Lancastrian

Where is common sense when you need it?
Better on the roof than the windscreen!

'Oblivious' B.C. driver hits the road with 'porthole-sized' clearing in windshield - British Columbia - CBC News
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Old Jan 8th 2017, 4:14 pm
  #4  
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Default Re: Im a dumbass with no common sense.

No sympathy whatsoever here, having had a cracked/shattered windscreen when "snow" (plate-sized block of ice) flew off roof of car in front � ����.

We (car driver in front and I) were lucky there were no other vehicles around - Shock of impact plus sudden lack of visibility caused me to brake like a lunatic & swerve/steer almost into the ditch.

Last edited by Shirtback; Jan 8th 2017 at 4:23 pm.
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Old Jan 8th 2017, 4:16 pm
  #5  
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Default Re: Im a dumbass with no common sense.

Originally Posted by Former Lancastrian
Where is common sense when you need it?
The issue for me in this case is interpretation of a law not really suited to purpose.
If the van had 1m of snow on the roof then you can argue that the driver was lazy, inconsiderate and a possible danger to other road users. If the snow depth was 2cm then in my view there is no case to answer. The scary bit is that a police officer has imposed a fine based on his subjective judgement and we all know how this can be influenced by all sorts of things, bad stomache ache, row with the wife etc etc.
I assume that he has the option of not paying and opting for trial but that way lies the dark side.
Personally, I think that 10cm is marginal and should have been the subject of a stop, warning and immediate order to remove it. The imposition of a fine was too officious.

Which brings me to my pet hate. Where are all these officious police when you need them to get vehicles with defective headlights off the road?
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Old Jan 8th 2017, 4:23 pm
  #6  
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Default Re: Im a dumbass with no common sense.

Originally Posted by dave_j
The issue for me in this case is interpretation of a law not really suited to purpose.
If the van had 1m of snow on the roof then you can argue that the driver was lazy, inconsiderate and a possible danger to other road users. If the snow depth was 2cm then in my view there is no case to answer. The scary bit is that a police officer has imposed a fine based on his subjective judgement and we all know how this can be influenced by all sorts of things, bad stomache ache, row with the wife etc etc.
I assume that he has the option of not paying and opting for trial but that way lies the dark side.
Personally, I think that 10cm is marginal and should have been the subject of a stop, warning and immediate order to remove it. The imposition of a fine was too officious.

Which brings me to my pet hate. Where are all these officious police when you need them to get vehicles with defective headlights off the road?
I can't right now find the specific article of the law which applies here in Qc, but it's common knowledge, and common sense, that snow needs to be cleared off vehicle properly unless one wants to risk a fine, an accident or worse?.

Surely similar in other snowy provinces?
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Old Jan 8th 2017, 5:04 pm
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Default Re: Im a dumbass with no common sense.

Originally Posted by Shirtback
I can't right now find the specific article of the law which applies here in Qc, but it's common knowledge, and common sense, that snow needs to be cleared off vehicle properly unless one wants to risk a fine, an accident or worse?.

Surely similar in other snowy provinces?
I completely agree, I simply questioned whether a fine was appropriate when a severe ticking off would have achieved the same result given the subjective judgement of the officer.
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Old Jan 8th 2017, 5:12 pm
  #8  
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Default Re: Im a dumbass with no common sense.

Originally Posted by dave_j
I completely agree, I simply questioned whether a fine was appropriate when a severe ticking off would have achieved the same result given the subjective judgement of the officer.
That's the case with most driving offences though isn't it?

The fine sounds a little excessive but at least the individual will not be lazy enough to endanger the lives of others again.
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Old Jan 8th 2017, 5:15 pm
  #9  
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Default Re: Im a dumbass with no common sense.

Originally Posted by dave_j
The issue for me in this case is interpretation of a law not really suited to purpose.
If the van had 1m of snow on the roof then you can argue that the driver was lazy, inconsiderate and a possible danger to other road users. If the snow depth was 2cm then in my view there is no case to answer. The scary bit is that a police officer has imposed a fine based on his subjective judgement and we all know how this can be influenced by all sorts of things, bad stomache ache, row with the wife etc etc.
I assume that he has the option of not paying and opting for trial but that way lies the dark side.
Personally, I think that 10cm is marginal and should have been the subject of a stop, warning and immediate order to remove it. The imposition of a fine was too officious.

Which brings me to my pet hate. Where are all these officious police when you need them to get vehicles with defective headlights off the road?
So would you be in agreement if the officer had laid a charge under this section of the Criminal Code of Canada

Dangerous operation of motor vehicles, vessels and aircraft

249 (1) Every one commits an offence who operates

(a) a motor vehicle in a manner that is dangerous to the public, having regard to all the circumstances, including the nature, condition and use of the place at which the motor vehicle is being operated and the amount of traffic that at the time is or might reasonably be expected to be at that place;

Punishment

(2) Every one who commits an offence under subsection (1)

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

(b) is guilty of an offence punishable on summary conviction.

Some laws are very specific some can be left open to interpretation.

This law is very specific

Towing of person after dark

(2) Every one who operates a vessel while towing a person on any water skis, surf-board, water sled or other object during the period from one hour after sunset to sunrise is guilty of an offence punishable on summary conviction.

So this charge could never be laid at noon unless sunset was 11am.

He can fight the ticket and plead not guilty and have his day in court.
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Old Jan 8th 2017, 5:48 pm
  #10  
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Default Re: Im a dumbass with no common sense.

Ok in uk I admit to have done this but you only do it once, then you learn from the experience.
Having cleared all the windows, I set off...no problem, when I suddenly stopped at some lights, the whole roof load came forward over the screen and the wipers couldn't deal with it, I spent 5 mins with me blocking the road clearing the snow from the screen with my cold hands....it happens you know and you learn.

Last edited by Yorkiechef; Jan 8th 2017 at 5:54 pm.
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Old Jan 8th 2017, 6:41 pm
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Default Re: Im a dumbass with no common sense.

Originally Posted by dave_j
I completely agree, I simply questioned whether a fine was appropriate when a severe ticking off would have achieved the same result given the subjective judgement of the officer.
Originally Posted by JamesM
That's the case with most driving offences though isn't it?

The fine sounds a little excessive but at least the individual will not be lazy enough to endanger the lives of others again.
240$ sounds reasonable to me, in light of the fines that can be imposed for driving "offenses" here, & a lot better than the possible consequences & costs of a serious accident that he could have caused.

ETA: if this had happened in Qc, the driver could also have had a 1 to 3 point penalty, I think.

Last edited by Shirtback; Jan 8th 2017 at 6:57 pm.
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Old Jan 8th 2017, 6:52 pm
  #12  
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Default Re: Im a dumbass with no common sense.

Originally Posted by dave_j
The issue for me in this case is interpretation of a law not really suited to purpose.
If the van had 1m of snow on the roof then you can argue that the driver was lazy, inconsiderate and a possible danger to other road users. If the snow depth was 2cm then in my view there is no case to answer. The scary bit is that a police officer has imposed a fine based on his subjective judgement and we all know how this can be influenced by all sorts of things, bad stomache ache, row with the wife etc etc.
I assume that he has the option of not paying and opting for trial but that way lies the dark side.
Personally, I think that 10cm is marginal and should have been the subject of a stop, warning and immediate order to remove it. The imposition of a fine was too officious.

Which brings me to my pet hate. Where are all these officious police when you need them to get vehicles with defective headlights off the road?
How do you support that comment? If the law is that snow has to be removed, then any snow means one is in breach of that law. If breach carries a fine, no subjectivity required.

Just like when English police play snooker. All the drivers are breaking the law, one is simply unfortunate if one has the colour of vehicle the cop requires for his next shot
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Old Jan 8th 2017, 6:59 pm
  #13  
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Default Re: Im a dumbass with no common sense.

The guy with 4" of snow on the roof I would have given a warning, the gem in Surrey with the porthole is too stupid to drive a car.
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Old Jan 8th 2017, 7:05 pm
  #14  
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Default Re: Im a dumbass with no common sense.

Originally Posted by Almost Canadian
How do you support that comment?
The supporting argument is this: Where in statute does it state something like 'It is illegal to drive a vehicle where an accumulation of x cm of snow is measurable on any upward facing surface of the vehicle'?

If no such offence has been clearly defined then it is clearly in the subjective judgement of an officer whether or not an offence is being commited.
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Old Jan 8th 2017, 8:27 pm
  #15  
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Default Re: Im a dumbass with no common sense.

Originally Posted by dave_j
The supporting argument is this: Where in statute does it state something like 'It is illegal to drive a vehicle where an accumulation of x cm of snow is measurable on any upward facing surface of the vehicle'?

If no such offence has been clearly defined then it is clearly in the subjective judgement of an officer whether or not an offence is being commited.
It's an offence to have a loose load on a vehicle. I reckon a shed load of snow counts as that.
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