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Plow precision
Rural risk management Ah, yes, summer has effectively, if not officially, arrived, and if you are reading this, you have obviously survived one of the most dangerous times of the year. The May LongWeekend not only marks the start of our shortest season. Statistics show it is also the weekend when most highway accidents occur. That is because after being cooped up all winter, people cut loose, run out into the glorious sunshine, hop into their cars and toss common sense and self-preservation instincts out the windows. As police often say, there are few real “accidents” on the road because most collisions can be avoided. Unless you are swallowed by a sinkhole or incapacitated by some act of God, the root cause of road carnage is human behaviour. Sadly, the consequences of human frailty can be tragic. And, unfortunately, too often bad drivers end up trying to blame their mistakes on somebody else, such as the State. And this is one of the reasons your taxes are so high. In our sue-happy world, exposure to potential litigation for failure to exercise due dili- gence is a concern for all of us. Honest. Not convinced? Consider the“Municipal Insurance Crisis”that is looming over the heads of municipalities. Lawsuits against these “deep pocket defendants” are driving up insur- ance costs, which translate into higher property taxes. Local governments are being urged to join a campaign to halt this scary trend. The Frank Cowan Company Ltd., which insures municipalities, is trying to get legislation amended so that municipalities are less exposed to legal action. One precedent-setting case involves the concept of “average intelligence” and an ap- parent propensity for rural drivers to make an “American stop” at quiet corners. The Dutton-Dunwich Case has made municipal officials nervous. As if they didn’t have enough to do already, municipal people are now supposed to fret about supplementary warning signs at rural intersections. One source of this angst is an accident that occurred in 2007, in Dutton-Dunwich, a municipality in southwestern Ontario, population 3,876. On a January evening, a 16-year-old was driving, drinking beer and not wearing his seatbelt. His blood alcohol reading was later determined to be .029, below the level for legal impairment but above the zero level that a G2 driver should have. While traveling southbound on a country road, at an agreed 80 kilometres per hour, (the speed limit), he ignored a “Stop” sign, lost control and crashed into a cement culvert. He suffered a severe brain injury and his passenger was also injured. The road has a “slight skew to the west” as it intersects another road. All involved, including the plaintiff experts, agreed that the “Stop” sign was properly placed, in good condition, had proper reflection and was visible even on this dark night, for 200 metres. A suit was filed, a trial was held. In a 2012 decision a judge found the municipality to be 50 per cent liable. Among the reasons given were: “Rural drivers in the area had a habit of running stop signs when intersecting traffic was not present.”Plus, the municipality of Dutton-Dunwich “knew this and should have therefore warned of the skew” by installing a checkerboard sign at the intersection. According to Frank Cowan Company, roadways in Ontario are to be kept in reasonable repair for use by ordinary drivers using reasonable care. “The ordinary driver is referred to as one of average intelligence who pays attention and uses caution when conditions warrant. “ The driver in this case was not paying attention and certainly did not exercise caution as he ran the stop sign after drinking beer in the car. The Frank Cowan Company is appealing the ruling. The case makes you wonder about all sorts of things, such as the intelligence and habits of the so-called “ordinary drivers”with whom you share the road.
Photos Richard Mahoney
Snowplow operators’ skills were put to the test Wednesday in the parking lot of the Vankleek Hill community centre, where the Regional Truck Roadeo was staged. East Hawkesbury roads department employees Trevor Bates and Pierre Olivier Bachand (left) take measurements as a truck is reversed into a tight spot. The vehicle, which measures nine and a half feet in width, must be manoeuvred into a space that is ten feet wide.
Driving a snowplow requires precision, as was evident during the slalomcourse.
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Bertrand Castonguay , President, bertrand@eap.on.ca Roger Duplantie , D.G. / G.M., roger@eap.on.ca François Bélair , Sales & Development, fbelair@eap.on.ca François Legault , Directeur de l’information/News Editor, francois.legault@eap.on.ca Yvan Joly , Sales director (Hawkesbury), yvan@eap.on.ca François Leblanc , Directeur (Lachute), francois.leblanc@eap.on.ca Gilles Normand , Production & Distribution Mgr., gilles.normand@eap.on.ca Julien Boisvenue , Layout & Prepress Mgr., julien.boisvenue@eap.on.ca
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About 25 drivers from across the district competed in the event organized for public works employees who drive snowplows and similar heavy equipment. The competi- tion was organized by the Eastern Ontario arm of the Association of Ontario Road Supervisors.
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