A Dundas man is challenging the constitutional validity of how red-light camera violations are enforced under the Highway Traffic Act.

Yaron Levgoren was issued a ticket on Nov. 16, 2018, for failing to stop for a red light at the intersection of King Street West and Macklin Street based on photo evidence from a red-light camera.

Levgoren, ironically, is a certified road safety professional who has a consulting business doing accident reconstruction work.

He's arguing that the way the law is written, it's impossible for a driver to stop safely at the painted stop bar on the pavement in the time allotted by the traffic signals.

The problem becomes particularly evident, he argues, when violations are captured at intersections governed with a red-light camera.

In his court motion, Levgoren states the first photo from the red-light camera showing his alleged violation was taken 0.3 seconds after the light changed from amber to red, and 3.3 seconds after the light changed from green to amber.

Levgoren has submitted a scientific expert witness report from a professional engineer who conducted measurements at the King/Macklin intersection.

The engineer's report states that at a speed of 50 kilometres per hour, it would take 57.8 metres and 6.5 seconds for an alert driver to react to an amber traffic signal and stop safely.

A different section of the Highway Traffic Act dealing with amber traffic signals states a driver "shall stop his or her vehicle if he or she can do so safely, otherwise he or she may proceed with caution."

In the section dealing with a red signal, there is no provision allowing a driver to proceed with caution — meaning the driver must be stopped before the intersection.

"I would have had to apply the brakes when the light was green," Levgoren said in an interview.

"The way they have set this up is illegal and the enforcement is illegal," he added.

In his court motion, Levgoren states the time delay of 0.3 seconds to take the picture is too short to take into account the reaction time of drivers. He states the time delay is set to a minimum of two seconds in other countries.

Levgoren said his constitutional challenge and a ruling on his ticket are scheduled to be decided on Jan. 31.

"I'm going to take it as far as I can because I think the government is putting its hands in the pockets of citizens illegally," said Levgoren. "I'm going to make as much noise about it as I can."

sbuist@thespec.com

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