Give us a Brake!

It's not a spelling mistake.

My Survey Crew was working near Milton today, on a road with no shoulders.

Now, call me strange (others have), but I feel responsible for my crew's safety. When traffic control is needed, I like to be flagman or drive the blocker truck. I can still direct operations by radio, and assist or advise when needed.

I hope they get the idea that I am don't just say I'm watching out for them, I actually am.

Today was no different.

Anyway, like I said, we were working on a two lane road with no shoulder, we've set up the work area as per Book 7 and I'm flagging, so all is well.

I saw him coming.

He broke through the last traffic light at the end of town. He was late. He was doing at least 80 in a 60. I started waving the 'Slow' paddle.

He was speeding up.

I gave the guys the 'heads up' over the radio, stepped out and turned the sign to 'Stop'.

He stopped. I told him I had a crew on the road and he needed to slow down. He countered with that he was doing the speed limit (he wasn't) and that my signs weren't adequate (they were).

He then speculated that my parents were never married.

Before I let him pass I pointed out that he was in a signed work zone and subject to double fines for speeding, and fines for disobeying a Flag Person. By then though, my objective of slowing him and protecting my crew was achieved.

Before he left he again made a speculation that my Mother was a canine.

Listen folks, it may seem that we take cruel pleasure in holding up traffic, but its the opposite. Our number one concern is worker safety. Our other number one concern is public safety. Where I work there is an unwritten rule (that is sometimes written) that on major routes we don't set up until after rush hour, and we follow it. Like I said above, it's for the public's and our safety.

Prior to 2005 the worst he could have been charged with was 'Failing to obey a lawful sign'
In 2005, the Ontario Highway Traffic Act was amended to include Section 146, part of which reads: (source E-Laws)

Traffic control stop and slow signs

146.1 (1) A traffic control person on a roadway or adjacent to a roadway where construction or maintenance work is being carried out may display a traffic control stop or slow sign. 2005, c. 26, Sched. A, s. 23.

Same – firefighters

(2) A firefighter on a roadway or adjacent to a roadway where an accident has occurred may display a traffic control stop or slow sign. 2005, c. 26, Sched. A, s. 23.

Driver required to stop

(3) Where a traffic control person or firefighter displays a traffic control stop sign, the driver of any vehicle or street car approaching the person shall stop before reaching him or her and shall not proceed until the traffic control person or firefighter stops displaying the traffic control stop sign. 2005, c. 26, Sched. A, s. 23.

Driver required to slow down

(4) Where a traffic control person or firefighter displays a traffic control slow sign, the driver of any vehicle or street car approaching the person shall approach the person and proceed past him or her and past the construction or maintenance work or scene of an accident with caution and at a slow rate of speed so as not to endanger any person or vehicle on or adjacent to the roadway. 2005, c. 26, Sched. A, s. 23.

Unauthorized use of sign

(5) No person other than a traffic control person or firefighter shall display on a highway a traffic control stop or slow sign. 2005, c. 26, Sched. A, s. 23.

Regulations

(6) The Lieutenant Governor in Council may make regulations prescribing the type, design and specifications of traffic control stop and slow signs. 2005, c. 26, Sched. A, s. 23.

Definitions

(7) In this section,

“construction or maintenance work” includes work by a utility, including a public utility within the meaning of the Public Utilities Act or the Municipal Act, 2001, or by a transmitter or distributor within the meaning of the Electricity Act, 1998; (“travaux de construction ou d’entretien”)

“firefighter” has the same meaning as in subsection 1 (1) of the Fire Protection and Prevention Act, 1997; (“pompier”)

“traffic control person” means a person who is directing traffic and,

(a) is employed by,

(i) the road authority with jurisdiction over the highway,

(ii) a public utility within the meaning of the Public Utilities Act or the Municipal Act, 2001,

(iii) a transmitter or distributor within the meaning of the Electricity Act, 1998, or

(iv) a person under contract with the road authority, public utility, transmitter or distributor to do construction or maintenance work on or adjacent to the roadway, or

(b) is employed by or under contract with a person who has been issued a permit or written authorization by the road authority with jurisdiction over the highway to occupy a lane or a portion of a highway in order to undertake work on or adjacent to the highway. (“agent de régulation de la circulation”) 2005, c. 26, Sched. A, s. 23.

Penalties start at $500 and 6 points.

If you've ever driven on a US Interstate, you've seen the signs dictating the penalties for injuring or killing a Road Worker or Police Officer working on the road. And they are a heck of a lot more.

None of those penalties equal that paid by said injured or dead Road Worker or Police Officer or their families.

Please give us a brake.

It's the law.

And we want to go home to our families too.

DJW

DJ wants the driver of the black Lexus, Ont. plate ###-XXX
( he wrote it down) to know he got off lucky today.
So did his crew.