Saskatoon photo speeding ticket thrown out because no signs posted - Action News
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Saskatoon

Saskatoon photo speeding ticket thrown out because no signs posted

Prosecutors withdrew a ticket for a retired Saskatoon man after he showed them evidence that for months, there were inadequate photo speeding signs posted along Circle Drive East and 108th Street. He says the Ministry of Justice should toss similar tickets issued during that time.

Retired Saskatoon man says, thousands of other tickets may be affected

A Saskatoon man who was ticketed in November for driving 106 km/hour along Circle Drive says there are not enough posted signs alerting motorists photo radar is in use. (CBC)

A retired Saskatoon man'sphoto speeding ticket was tossed outafter he convinced prosecutors there was inadequate signagepostedalong Circle Drive.

Ken Williams was issued a $126 ticket after a radar camera recorded his speed of 106 km/halong Circle Drive E.at108thStreeton Nov.16, 2015.
Ken Williams said without signs indicating photo radar is in use, it's unfair and illegal to use radar to ticket motorists for speeding. (CBC)

After checking his van's tires andspeedometer and noting it rained thatday,he retraced his steps. Henoticed a speed limit sign as he approached the camera box, but no posted indication or sign noting photo radar was in use.

"It's a legal requirement," said Williams. "Otherwise it becomes illegal surveillance."

Williamssaid there are thousands of other motorists in Saskatoonwho may havepaid speeding finesafter driving through unmarked photo radar areas.

Williams tried to alert officials this winter

By January, Williams recorded video of that stretch of Circle Drive from several different vantage points and on-ramps. He tried to tell traffic safety prosecutors about the lack of radarsignageby the end of February. He said no one on the phone could point him to the right person.

So, the retired mine supervisorbrought his video footagealong to traffic court onMarch 4, 2016, and played it for traffic safety prosecutor,Larry Danylyshen.

"I showed him the video of me going along in Januaryand he said, 'Oh, the signage is on the other side of the road,'" Williams said.

Danylyshen offered to withdraw the ticket after Williams showed him more footage, noting photo radar signs are also missing along a stretch of Circle Drive near Taylor Street.

Williams said withdrawing one ticket doesnot go far enough.
By June 15, 2016, prosecutors informed Williams they'd withdrawn his speeding charge. To date, however, no changes have been made to photo radar signage along Circle Drive E. (CBC)

Suspend tickets issued under photo radarprogram

"I want them to suspend this program until thesignage is correct," said Williams. "Then you put an announcement out that the signage was incorrect and you rectify it."

I want them to suspend this program until the signage is correct.- Ken Williams

He then received another summons,telling him to attend court on June 15.

At that time, Williams said he was informed by another prosecutor that his file was misplacedand the ticket would be withdrawn.

"Literally tens and tens of thousands of people have been videotaped and the ones exceeding the speed limits have been photographed," said Williams. "To me, asa layperson, if I read the Canadian Charter of Rights, it's illegal,"

Statistics from Saskatchewan Government Insurance show there were 3,034 speeding tickets issued along Circle Drive between November2015 and March 2016.

An additional 2,519 tickets were issued up until the end of June.

Justice officials say,radar signs not required for on-ramp traffic

SGI said Saskatchewan'sTraffic Safety (Speed Monitoring) Regulations state "a speed monitoring device may be used in a speed monitored zone for the prosecution of an offence pursuant to section 199, 200 or 201 of the Act only if there are official signs in each direction of travel indicating that a speed monitoring device is being used to measure and record the speed of vehicles."
A photo radar box in Saskatoon. (CBC)

Officials at the Ministry of Justice told CBC News the regulations for Saskatchewan's photo radar pilot project"do not require photo radar signs along on-ramps or off-ramps".

They saidDanylyshen understood the accused thought there should have been a 90 km/h speed limit sign immediately coming off an on-ramp.

"This was not about photo radar signage," said a Ministry spokesman. He said Danylyshendecided Williams was confused as to the speed limit given the location of speed limit signs at the time, so on this occasion exercised discretion and dropped the charge.

SGI said each municipality is responsible for posting signsto alert motoristsphoto radar is in use.