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by runamok
on Thu Oct 08, 2009 8:39 pm |
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http://www.todaystrucking.com/news.cfm?intDocID=22599
WINDSOR, Ont. -- A trucker was recently fined for smoking while driving his rig along Highway 401 near Windsor, Ont. and the ticket has sparked a bit of outrage among other drivers.
The 48-year-old driver was stopped by Essex County OPP when an officer noticed a lit cigarette between the driver’s lips. Although the trucker was the lone occupant in the vehicle, he was fined $305 for smoking in an enclosed workplace.
The ticket was issued under the Smoke-Free Ontario Act, which was enacted in 2006 and prohibits people from smoking tobacco or holding lit tobacco in any enclosed public place or enclosed workplace. While the officer was upholding the letter of the law, it hasn’t stopped other drivers from criticizing the fine.
"I really think that's ridiculous," Abe Gunther told CBC. "I don't smoke at all and I never have, but I would think that nobody else is there, he's not bothering anybody."
Kevin McKellar, a driver for 21 years, also told CBC he'd go to court to fight a fine, if he were given one.
"I own the truck, I'm the only driver," he said. "As far as I know, they can't do anything to stop me from smoking in it."
And that’s where the confusion of the Ontario law lies -- not all truck cabs are created equally.
Owner-operators for the most part are exempted from the rule. Independent truckers may light up in their own trucks as long as no one else -- not even a part-time driver, spouse, or friend -- enters the cab at any time, including off-duty hours.
Federally regulated trucking companies are also not bound by Ontario's controversial blanket smoking ban, which fines fleet owners for employees puffing in truck cabs.
As Today's Trucking first reported when the Smoke Free Ontario Act took effect, there was some uncertainty as to whether the new law -- which bans all smoking in enclosed public spaces and workplaces, including commercial trucks and taxis -- would trump a separate, federal anti-smoking bill that governs federally-regulated carriers.
As it turned out, it didn’t. Federally regulated carriers fall under Ottawa's Non-smokers Health Act, which allows employers to designate smoking areas within the workplace.
Trucking companies that do not leave the province still have to abide by the Ontario regulation, which levies penalties averaging $10,000 per incident for allowing employees to smoke and not notifying them of the new rules. Some corporations can technically see fines as high as $300,000 in some cases.
Ten thousand dollars? Three hundred thousand dollars?  |
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runamok
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by libertarian99
on Thu Oct 08, 2009 9:03 pm |
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runamok wrote: Ten thousand dollars? Three hundred thousand dollars? |
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libertarian99
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by runamok
on Fri Oct 09, 2009 7:31 am |
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libertarian99 wrote: runamok wrote: Ten thousand dollars? Three hundred thousand dollars? I don't know how things are in Canada, but I know the police aren't going to outwit truck drivers. Truckers already have ways to get around the laws about how long they can drive without taking a break or sleeping. It shouldn't be too hard to get around the smoking laws, especially at night when many of them drive. Outwitting the police is a way of life for people whose livelihood depends on moving goods from Point A to Point B in minimal time.
Enforcabilty is really not the point. The point is that there is a law on the books that has the potential to levy a financial penalty of $300,000.....for smoking a cigarette. |
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runamok
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by garhkal
on Fri Oct 09, 2009 4:01 pm |
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| Guess i will never go to Ontario. |
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by libertarian99
on Fri Oct 09, 2009 5:45 pm |
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runamok wrote: Enforcabilty is really not the point. The point is that there is a law on the books that has the potential to levy a financial penalty of $300,000.....for smoking a cigarette.
Reading an article about the trucker fine, I found this interesting tidbit:
http://www.canadaeast.com/news/article/817835
"Several provinces, meanwhile, plan to join forces against tobacco companies to recover health-care costs related to smoking.
Quebec confirmed earlier this month it was joining Ontario, British Columbia and New Brunswick in filing a multibillion-dollar lawsuit against tobacco manufacturers.
Ontario's $50-billion lawsuit against three tobacco companies is aimed at recovering the cost of treating smoke-related illnesses dating back as far as 1955.
The provinces began to consider legal action after a 2005 Supreme Court of Canada ruling that upheld British Columbia's right to seek compensation against tobacco companies."
Wonder how this will affect our cigarette prices. |
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libertarian99
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by garhkal
on Fri Oct 09, 2009 11:02 pm |
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| Wow. As far back as 1955.. I hope cause of that, the companies pull ANY employment htye may have in that area OUT! |
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garhkal
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by runamok
on Sat Oct 10, 2009 12:40 am |
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Quote: "Several provinces, meanwhile, plan to join forces against tobacco companies to recover health-care costs related to smoking.
Quebec confirmed earlier this month it was joining Ontario, British Columbia and New Brunswick in filing a multibillion-dollar lawsuit against tobacco manufacturers.
Ontario's $50-billion lawsuit against three tobacco companies is aimed at recovering the cost of treating smoke-related illnesses dating back as far as 1955.
The provinces began to consider legal action after a 2005 Supreme Court of Canada ruling that upheld British Columbia's right to seek compensation against tobacco companies."
Simply a Canadian version of the Master Settlement Agreement (MSA). They watched the U.S. states reap hundreds of billions and they want some of that action. |
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runamok
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by libertarian99
on Sat Oct 10, 2009 9:00 am |
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runamok wrote: Quote: "Several provinces, meanwhile, plan to join forces against tobacco companies to recover health-care costs related to smoking.
Quebec confirmed earlier this month it was joining Ontario, British Columbia and New Brunswick in filing a multibillion-dollar lawsuit against tobacco manufacturers.
Ontario's $50-billion lawsuit against three tobacco companies is aimed at recovering the cost of treating smoke-related illnesses dating back as far as 1955.
The provinces began to consider legal action after a 2005 Supreme Court of Canada ruling that upheld British Columbia's right to seek compensation against tobacco companies."
Simply a Canadian version of the Master Settlement Agreement (MSA). They watched the U.S. states reap hundreds of billions and they want some of that action.
What would happen to all these people if the tobacco companies just suddenly said, "Okay, you guys are right. We are really evil and don't deserve to keep selling our product. We've seen the light, been saved by the Lord and now we have no choice but to do the right thing and close up shop." |
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libertarian99
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by gilster
on Sat Oct 10, 2009 9:57 am |
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libertarian99 wrote:
What would happen to all these people if the tobacco companies just suddenly said, "Okay, you guys are right. We are really evil and don't deserve to keep selling our product. We've seen the light, been saved by the Lord and now we have no choice but to do the right thing and close up shop."
I'd love to see it!
The Big Tobacco Guys just up and fold (of course PM won't do it they are in cahoots with Big Gov't)
So fantasy:
The big T up and quits- entrepreneurs spring up all over the country, before their main stream market is in place- the product would be sold [black]greymarket, yard sale, flea markets-etc.
Government scrambles to tap the tax source of thousands of entrepreneurs - which would take many months or years.
The cigarette tax funneling system implodes....
Government begs Big T to resume operation - or does it themselves....
Know enough to Thank a Smoker  |
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gilster
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by garhkal
on Sat Oct 10, 2009 2:59 pm |
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| That would be sweet to see happen... But you know it wont. |
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garhkal
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