[P-51]

There is an actual case in Ontario where a guy got a ticket for 114 in a 100 on the 401, took it to court, and the judge told him that even 1kmph over is speeding. So, him and a buddy went out and did 100km/h side by side down the 401, causing a 40km backup. A judge then convicted them of obstructing traffic or something, and suspended their licenses for like a year.

Anyway, I sent this off to Michael Bryant's office:

Quote:Dear Sir,

I am writing in response to articles written in a number of newspapers reporting on some statements which you made.  These articles quoted you as saying: "The government has the power to seize and destroy cars that have been adapted for street racing, and can do so before a race takes place or any charges are laid".  Furthermore, and more alarmingly you are quoted “If we can establish someone has parts and they're juicing up their car — obviously for the purpose of street racing — then we can seize those vehicles,”

I ask you sir, how you or anybody else can be certain of the intented use of a modified car before a crime has been committed?  Perhaps you are unaware of the fact that many responsible, law abiding citizens have modified cars, and have no intention of street racing.

Some like to show their cars in organized, or impromptu yet completely legal enthusiast meetings. 

Others, like myself, use modified cars to participate in legal, sanctioned motorsports activities such as open track sessions at race tracks, or autocross competitions which are courses set up in parking lots which are rented by the organizing body and closed to the public.

I drive my car to and from these events, because I do not wish to incur the cost and environmental damage that would be caused by purchasing a large truck and trailer to tow the vehicle to events.  Therefore, I have made every effort to restrict my modifications to those which are legal. I have done this through careful consideration of Canadian Motor Vehicle Safety Standards and Ministry of Transport Ontario Regulations, also aided by the fact that I am an automotive engineer by profession.

However, I might suggest that my vehicle and modifications would be indistinguishable from those intended for street racing upon inspection by a police officer or government official.  So, perhaps you can understand my concern with the statements you have made which suggest my car could be seized and destroyed, because somebody has decided it appears to be built for street racing.

I should take this opportunity to inform you that not only do I not participate in street racing, I take every opportunity to discourage others, in large part because I am aware of the damage it causes to the image of modified vehicles used for legal activities.

The irony of this situation is that your statements appear to be in response to the recent death of David Virgoe on Highway 400, and the death of a taxi driver in Toronto last year.  In the case of the Hwy 400 incident, I can say with some certainty that one, if not both of the cars involved were not modified in any way.  I base this on photos of the cars published after the collision.  I assure you I have extensive experience that leads me to draw this conclusion from simple photos, but if you should require professional assistance in determining this for certain, I would gladly offer my services in that regard.

In the case of the taxi driver, my understanding is both drivers were driving their parents cars, which likely were not modified, but rather large luxury sedans which came from the factory with high horsepower engines.

And this brings me to my main point.  How can you suggest that modified cars MUST be intended for use in street racing, and therefore destroyed, when two of the most high profile recent cases involved vehicles which were in fact completely stock?  Is it not the case that any vehicle, in any condition, can be used for illegal street racing?  And therefore the evidence used to justify the confiscation and destruction of a vehicle MUST be based on the actual illegal use of that vehicle, and not merely the appearance of that vehicle?

If you wish to make car modifications illegal because you fear they can only be used for illegal racing, then I suggest you ask the government to draft a law making modifications illegal.  I caution you however, that this will quickly get mired down with the question of what is a modification for illegal activities, what is a modification for legal activities (ie, installation of trailer hitches, extra lighting, improved fuel economy, etc).More importantly would you allow ANY maintenance product to be used which deviates from factory specification?  For example, most people recognize that brakes are highly important for vehicle safety.  Will you also outlaw the use of cheap, underperforming brake pads which are in common use these days?

Perhaps the government might also pass a law outlawing the sale of vehicles with excessive horsepower from the original manufacturer?  If one concludes that high powered modified cars must be intended for street racing, one also has to ask the question of what is the intended use of cars which are designed with excessive power from the manufacturer.  And then what is the definition of excessive power?  In the recent case, I believe one of the cars was a completely stock, Pontiac Grand Am.  It probably had on the order of "only" 170 horsepower from the factory, yet is still capable of achieving at least 160 km/h.  If this vehicle could be used in this terrible accident, then one might question why the government also allows the sale of cars with 200, 300, 400... even 500 horsepower such as the case of the Ford Mustang Shelby GT500.  Surely these cars must be intended for street racing also?  How about large luxury vehicles such as Mercedes Benz produces, with large engines usually over 300hp, and sometimes up to 400?

Again, we come back to the fact that vehicles do not commit the crime of street racing, it is the drivers. And you cannot determine the intent of the driver without a police officer witnessing the crime.

I would like a contraction, or clarification of your statements, because I believe they have no basis in logic, and I would like to believe no basis in law.  I will be sending a similar complaint letter to my MPP, as well as members of the opposition.  Perhaps the government has underestimated the numbers of law abiding citizens who possess modified cars.  This could be a big mistake in an election year, as many of us are very concerned with your statements, and we'll be sure to discuss the injustice you're proposing with our friends and families.

Perhaps the government's time would be better spent passing a bill which defines minimum sentencing guidelines for people convicted of Street Racing Resulting in Death.  The recent sentencing of Wang-Piao Dumani Ross and Alexander Ryazanov will do nothing to convince other young people of the potential consequences of street racing.

Sincerely,
Robert XXX