Photo radar back in Winnipeg construction zones

Photo radar will once again be operating in Winnipeg construction zones this weekend, but the province will review all 60,000 photo radar tickets handed out in construction zones in 2008 through to April 2009, Manitoba's attorney general announced Friday.

Dave Chomiak met with Winnipeg Mayor Sam Katz and Police Chief Keith McCaskill on Friday, and together they tightened the regulations governing sign laws in construction zones.

'The Crown acts on behalf of the public. In this case, the Crown said, "Gee, the evidence is a problem. We can't prove this case." Dave Chomiak, Manitoba's attorney general

They agreed that photo radar will only be enforced when workers are present in the construction zones or if there is some other type of safety issue. That information will be brought to motorists' attention through roadside signage.

Chomiak said that while the province will review all the construction zone photo radar tickets from last year and the first four months of this year,Manitoba Justice hasn't yet figured out who will be eligible for any potential refunds.

The review of the tickets will begin in a couple of weeks, but officials say, given the number of tickets involved, it could be a long time before it's complete.

Chomiak said the whole ticket fiasco has actually proven that justice prevails.

"The Crown acts on behalf of the public," he said. "In this case, the Crown said, 'Gee, the evidence is a problem. We can't prove this case. Even though the city and the police have issued this ticket, we're not going to convict.'

"So, in some cases, it could be interpreted that the system works."

The Manitoba government suspended photo radar in construction zones earlier this week pending the review.

Controversial topic

The issue has been a hot topic of controversy since provincial court judge Norm Sundstrom dismissed nine photo radar tickets earlier this year.

According to provincial law, the temporary speed limit when passing construction zones is 60 kilometres per hour. Although the drivers had exceeded that limit, they were not going faster than the regular 80 km/h speed limit for that particular roadway, and there were no workers present.

Without the workers, there was no safety issue, so the regular speed limit should apply, Sundstrom ruled.

The province disagreed and was set to appeal until it realized it would likely lose on a technicality. A sign declaring the temporary speed limit must be set up at the start of a construction zone as well as at the end. A sign had only been placed at the beginning of the construction zones where the drivers had been photographed.

Around867 tickets yet to be paid were cancelled on Wednesday by the government as a result of the technicality. Those drivers will be notified by mail.

The rest of the 60,000 tickets that had been paid were not going to be refunded, Chomiak initially decided.