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December 30, 2008

In just one sentence (immediately below) we hope this will help
calm your road rage.
Think about if you
were the road rage(er) and you made a mistake driving or you were slow one day,
would you like it if some jerk took their road rage out on you?
Well if you are a road rage(er) and you wouldn't like a road
rage(er) to do it to you, then don't do it to others! Nobody is perfect!

TIPS
If you see someone speeding down the road, it could be for a
good reason. Pull over and don't block them if you are driving slow.
Maybe the speeders dog was run over and had to rush it to the
vet, which is a true story of why one couple went speeding down Westside Road as
fast as they felt it was safe to drive under the conditions.
We read of one lady trying to make it to the last B.C. ferry of
the night (11:00 PM) to reach her fathers bedside before he took his last
breath.
There could be a good reason for some people to speed, so don't
get holier than thou and block speeders passage on purpose! Pull over if
your driving slow! There could be a good reason they are speeding!
Think about it as if it was you in that situation.


A confessed "road rage(er)" sent us this illustration on what causes her road
rage.... and no it is not OkanaganLakeBC.com. She wants to illustrate how
to make a correct turn in a multiple lane situation. The woman who sent us this
illustration designed this illustration herself and did a very good job at
that!! She lives outside of Vernon and drives to Vernon for work.

| Depending on your situation, you may be able to reduce your
penalty point debt. You may be able to
eliminate your driver
penalty point premium if you voluntarily surrender your driver's
licence to an ICBC Driver Licensing Office for one year
during the billing period.
http://icbc.com/faqs/tickets/reducePU.asp |

| ICBC Insurance Discount protection
You can choose to repay
any at-fault claim. Then it won't affect
your position on the
Claim-Rated Scale and you will maintain your current
discount.
In cases where damage is minor and/or there are no injuries, or
where the cost of settling the claim is not high, this may be
your best choice.
http://icbc.com/insurance/insura_savemo_discpr.asp |

Too many accidents
Vernon Morning Star Letters - Published August 15,
2008
I had the terrible misfortune of taking 43rd Ave. to 20th St. to
pick up my wife from a friend's house.
What met me at the corner was yet another accident. I have to admit,
even after the terrible accident involving a cab driver I was
skeptical about the idea of a traffic light, but no longer.
The citizens of this city pay our politicians' wages, as well as
produce our budget for things like traffic improvements, so, why not
listen to the people who pay your salary and put in traffic lights?
Apparently there have been "studies" into what would be most
suitable for that intersection, well, perhaps council can allow for
some other studies: life without a father, or, grief management in
the workplace, perhaps rehabilitation for the maimed and disabled?
Am I being dramatic? You bet I am! No more dramatic then say, the
reaction of learning your loved one was killed in a terrible
accident.
Let's get it together councilmen/women, don't make us regret voting
you into office.
Terry denBok |

Youth brings first lawsuit against the District of Westside
By Jason Luciw - Kelowna Capital News - Published:
June 11, 2008Westside has been named in its first
lawsuit—a small claims action.
Teenager Jared McNeely is seeking $4,277.17 in damages after an
April 15 rollover accident on Boucherie Road.
McNeely is under 18 so he has to sue through his legal guardian,
David McNeely, who is also named as a claimant in the suit.
The McNeelys did not return calls before press deadline Monday.
But, according to a writ filed with the Kelowna law courts last
week, the young driver alleges both the District of Westside
municipality and TT Contractors failed to post proper road
construction signs.
The accident could have been avoided, claims McNeely, had advanced
warning been given about the change in road conditions, .
“I was travelling northbound on Boucherie Road, near Green Bay, when
I suddenly and unexpectedly encountered an abrupt and significant
change in road surface,” he says in his documents filed with the
court.
The small claims court action states that Boucherie Road suddenly
went from pavement to “compacted and loose material” at the time,
causing him to lose control of his vehicle. A rollover accident
resulted.
The youth is seeking damages for the loss of his vehicle, towing and
storage charges, company search charges pertaining to the case and
personal inconvenience, stress and discomfort. |

Westside given highway status
By Richard Rolke - Vernon Morning Star -
Published: July 11, 2008
RCMP will continue to enforce traffic laws on Westside Road.
The B.C. Supreme Court ruled June 30 that Westside Road is a legal
highway, meaning that the police have the authority to issue traffic
tickets.
“It is a highway as defined under legislation,” said Gord Molendyk,
spokesman for the RCMP.
The court case related to an incident in 2006 in which the police
had issued a $138 ticket to Okanagan Indian Band member Raymond
Bonneau for speeding.
Bonneau challenged the ticket and a judge at the time acquitted
Bonneau, saying that the Crown had failed to prove the road was
highway as defined in the Motor Vehicle Act.
The government decided to appeal that decision, leading to the June
30 decision by Justice Powers.
“The question is whether or not the road was used by the general
public for the passage of vehicles,” states Powers.
“It is clear on the evidence of Mr. Bonneau and Constable Orb that
it was. Therefore, the (previous) judge’s conclusion that the Crown
failed to prove beyond a reasonable doubt that this was a public
highway did amount to an error of mixed fact and law.”
Bonneau, who represented himself in court, had pointed to a permit
system the band has in place primarily for commercial vehicles using
the road.
“There is no enforcement of this system, but it simply operates on
an honour basis,” said Powers.
Powers goes on to say that, “the road passes through the Okanagan
Indian Reserve and there are no impediments to any individuals
travelling on that road.
“There are no individuals barred from using that road. The evidence
is that motor vehicles access the road from non-reserve land.”
The judge has ordered that the original fine stands.
Bonneau is not pleased with the court ruling.
“It’s not done yet. I have to find out if I can appeal the
decision,” he told The Morning Star.
Bonneau continues to insists that Westside Road is not public
property.
“We’ve not given the rights up to that road. The band has never
opened up an invitation to that road,” he said.
Bonneau also questions whether provincial laws can apply to lands
under federal jurisdiction.
Despite legal questions since 2006, Molendyk says the police have
continued to be responsible for the road.
“They have still been doing enforcement on the road but that would
have been made difficult if the (court) decision had held,” he said.
The Okanagan Indian Band could not be reached for comment. |

Ruling means RCMP will still enforce law on Westside Road
Vernon Morning Star - Published: July 10, 2008
RCMP will continue to enforce traffic laws on Westside Road.
The B.C. Supreme Court ruled June 30 that Westside Road is a legal
highway, meaning that the police have the authority to issue traffic
tickets.
“It is a highway as defined under legislation,” said Gord Molendyk,
spokesman for the RCMP.
The court case related to an incident in 2006 in which the police
issued a $138 ticket to Okanagan Indian Band member Raymond Bonneau
for speeding.
Bonneau challenged the ticket and a judge at the time acquitted
Bonneau, saying that the Crown had failed to prove the road was
highway as defined in the Motor Vehicle Act.
The government decided to appeal that decision, leading to June 30
decision by Justice Powers.
“The question is whether or not the road was used by the general
public for the passage of vehicles,” states Powers.
“It is clear on the evidence of Mr. Bonneau and Const. Orb that it
was. Therefore, the (previous) judge’s conclusion that the Crown
failed to prove beyond a reasonable doubt that this was a public
highway did amount to an error of mixed fact and law.”
Powers goes on to say that, “the road passes through the Okanagan
Indian Reserve and there are no impediments to any individuals
travelling on that road.
There are no individuals barred from using that road. The evidence
is that motor vehicles access the road from non-reserve land.”
Bonneau, who represented himself in court, had pointed to a permit
system the band has in place primarily for commercial vehicles using
the road.
“There is no enforcement of this system, but it simply operates on
an honour basis,” said Powers.
“Mr. Bonneau confirmed that the road was paved and he was 100 per
cent sure that the Department of Highways maintains that road.”
Despite legal questions since 2006, Molendyk says the police have
continued to be responsible for the road.
Neither Bonneau or the Okanagan Indian Band could be reached for
comment. |

SLOW DOWN
July 4, 2008 - Vernon Morning Star - Letters
Hi my name is Claudette, I live out on the westside of the lake just
off Westside road. I am writing this letter to remind people just
how dangerous the road can be!!!
I came upon an accident scene on Tuesday May 10th it involved one
person and a Harley Davidson motor bike. When I stopped at the scene
I asked if they needed help? They asked for some water. I pulled off
to the side got out and observed the man who was riding the bike, he
was standing up walking around and badly injured. I asked if an
ambulance was on the way and was told they had cancelled it because
when the man came to, from being unconscious, he said he didn't want
one.
OK, he was in shock he just crashed his new 2008 bike and he has
major head injuries. I just have to ask would you cancel the
ambulance? A man at the scene asked where I lived so he could put
his bike there, I told him just up the road and I am taking the man
with me to get the fastest possible medical attention. You could
visually see he needed it, my husband was with the fire dept. He has
training as an FMR ( first medical responder). I got the man here
and we got him some help immediately. The North Westside fire dept
were here in minutes to asses the situation. The attendance saw what
I saw that he needed to go to the hospital. They dispatched an
ambulance to take the man to the hospital. I have recently found out
that the injuries were serious he has liver damage, ruptured spleen,
a punctured lung, 3 broken ribs, his cheek bone was crushed, do I
need to say more?
People travelling this road may it be by car or bike, need to be
careful it is not a game it is dangerous there are many sharp
corners and very steep cliffs.
This message is for people who come to a scene and see someone has
been hurt do call an ambulance and do not cancel it, even an the
request of the injured!
If you are going for a bike ride make sure you are wearing
protective gear even if you think it won't happen, you should be
thinking it might. The moral of this story is driving can be
dangerous and people need to keep safe.
Claudette Helland |

DRIVERS ANXIETY
July 04, 2008 - Vernon Morning star - Letters
With the news reporting the many recent tazoring incidents that have
happened here in B.C. and throughout the rest of the CDN Provinces;
I would like to share this present reacity.
Have you heard of a new affliction lately cal P.P.T.A.D.?
What in the world is that; you say? This affliction now effects more
people than we at frist realized. Most good people who drive their
SUV’s Pickups Trucks, and economy cars back and forth to work each
day are now potentially at ricsk of contracting this new affliction.
Only a few short years ago the driving public used to be a lot more
relayed behind the wheel, but lately this is not the case anymore.
Have you heard about an 82 year old gentleman that was tazored when
stopped for a minor traffic infraction by a police office? How many
innocent people have been tortured or killed by the use of these
devilish devices? Probably too many; so the question remains as to
what is P.P.T.A.D. is? It stands for “Potentail Paranoid Tazoring
Anxiety Disorder”.
I recently experienced this particular anxiety disorder when as a
law abiding driver that was driving the legal speed limit went over
the crest of the hill on one of our roadways locally and suddenly
seen a police roadblock as I was headed into town. My initial
instinct was to keep driving forward but for some unknown reason at
the time I hit the brakes prematurely before I arrived at the
roadblock. Moments later I noticed a police officer waving his hands
franticly up ahead. By this time this anxiety disorder called
P.P.T.A.D. had started to take its effect and under it’s influence
for some unknown reason I made a quick u-turn to make my escape from
what I thought were trigger happy gun totting tazoring individual
police officers, but unfortunately it didn’t work out.
I am sure that some of you can figure out the rest of the story but
I’m certain that people in the future are going to use P.P.T.A.D. as
a defencse mechanism in upcoming court cases.
George Maier |

Bikers singled out
June 20, 2008 - Vernon Morning Star - Letters
With reference to your article of May 21. Of the 214 offences I
found listed, a whole 24 were motorcycles.
Yes a couple of the worst offences (driving 200 kilometres an hour)
were motorcycles but the drunks were in cars, and their mention was
a second thought My only question is has no one in the RCMP, B.C.
government or ICBC read the Hurt report?
It is the only scientific study of motorcycle accidents ever done in
North America. It was done in 1979 at USC, where they looked at all
factors in more than 3,600 accidents involving motorcycles.
A link to a summary of the report follows. What the report states is
that the average speed of a motorcycle crash is approximately 33
kilometres per hour and that two-thirds of the two-vehicle accidents
involving motorcycles were the fault of the passenger car driver not
yielding the right of way.
http://www.ottawamotorcycle.ca/hurtrep.shtml
When asked if the old data is still valid in an 1999 interview,
Harry Hurt (author of the report and still involved at that time in
motorcycle safety) responded yes
http://www.soundrider.com/archive/safety-skills/harry_hurt_interview.htm
We, the motorcycle riding public, are being singled out as villians
when the scientific proof states otherwise.
Doug Stirling |

Onus is on the victim to prove a hit and run crime actually occurred
June 01, 2008 - Kelowna Capital News - Opinion
You return to your car with your groceries to find the side of your
car dented in.
It was likely an innocent accident: Someone just misjudged the
distance when backing up.
You are not thinking innocence, though. This is all you need in your
already busy life—having to take your car to be assessed, then
repaired, and then dealing with the offending driver’s insurance
company to get reimbursed.
It’s worse than that, though. Whoever did it knew they would be
impossible to track down, and wanted to save having to make a claim
against their insurance. He or she didn’t bother to wait around or
leave a note.
So much for recovering the cost of repair from the offending
driver’s insurance company.
If you’re lucky, you purchased collision insurance. If so, you will
still be stuck with a deductible. If not, you face paying the whole
shot.
It’s bad enough if it happens in a parking lot and nobody gets hurt.
Take that same scenario out on the road.
Put a pedestrian or bicyclist in the place of the parked car.
It happens all too frequently.
What pedestrian or bicyclist has the presence of mind to notice the
plate number of the offending vehicle as they are flying through the
air?
Often, there are no witnesses.
Even if there are, the witnesses are likely more concerned about
helping the injured bicyclist than jotting down a plate number.
Hit and run causing injury takes on a higher level of evil.
It’s one thing to run away from your responsibilities. It’s quite
another to leave an injured victim lying on the side of the road
without offering assistance or calling an ambulance.
Do you detect a certain venom in my tone? I may not be hiding it
well. If you’re interested where that venom might be coming from, I
invite you to read last week’s column.
As awful as it is to be injured by a negligent driver who doesn’t
have the moral fibre to stick around and own up to his or her
responsibilities, I have good news for hit and run victims.
Whether it is just damage to your vehicle, or you have been injured,
you may qualify for compensation through our insurance system.
Don’t expect a representative of the insurance company to insist on
a meeting with you so that you can be fully informed about what
compensation you might be entitled to, the various steps that you
have to take in order to qualify, or the critical time frames during
which those various steps have to be taken.
Your relationship with the insurance company in a hit and run claim
is very similar to the relationship you have with the insurance
company when they are representing a negligent driver. It is very
much an adversarial one.
As with any other crash claim, you will first have to prove that an
unidentified offending driver caused your injuries.
With a hit and run scenario involving a bicycle, this involves first
proving that a vehicle was involved. If the bicyclist lost control
after swerving to avoid a negligent vehicle driver, the involvement
of a vehicle in the incident may be very difficult to prove.
As such, it is even more important in hit and run scenarios to
collect as much evidence as possible at the accident scene.
A part of the law that hit and run victims are often in the dark
about is the legal onus on them to take all reasonable steps to try
to determine who the offending driver was. You cannot simply rely on
the police or the insurance company to do that.
How is that for unfair?
As between the police, the insurance company, and you, why is it
that the victim—the one with the least resources to track down the
hit and run driver—who carries that legal onus?
The failure to do such things as interview local businesses or
homeowners, put up posters, or put an advertisement in the local
newspaper to look for witnesses may eliminate your right to
compensation if not done in a timely fashion or at all.
There are other steps that must be taken as well, with strict time
lines.
If you have been the victim of a hit and run driver, I strongly
recommend that you take advantage of the free initial consultation
that most lawyers provide to car crash victims so that you can be
fully informed about your rights and, most importantly, the
particular steps that must be taken so as not to lose those rights.
This column is intended to provide general information about injury
claims. It is not a substitute for retaining a lawyer to provide
legal advice specifically pertaining to your case. Paul Hergott is a
lawyer with Hergott Law on the Westside. If there are particular
issues you would like discussed in this column, please e-mail Paul
directly at:
paul at hlaw.ca. |

Arrests made in road rage homicide
By Monique Tamminga - Langley Times - March 14, 2008
A 38-year-old Langley man and his passenger have been arrested and
released without charges in connection with the hit-and-run death of
a 21-year-old Abbotsford man on Thursday morning.
The Integrated Homicide Investigation Team (IHIT) held a press
conference Friday in Langley, announcing that the suspect white Ford
F250 has been seized and the driver, who isn't known to police, was
interviewed well into Thursday evening before being released.
The two men were arrested and the pickup seized several hours after
the deadly road rage incident, said IHIT spokesperson Cpl. Dale
Carr. The driver did not turn himself in.
Langley RCMP said the deadly run-in started just after 2 a.m., as
21-year-old Silas O'Brien and two of his friends drove along 16
Avenue on their way to the airport for a dream vacation to Hawaii.
All three had been at a prayer meeting just hours before, getting a
chance to bid their parents farewell. While driving in the 25800
block of 16 Avenue, the three young men's Chevy Silverado truck came
up behind a white Ford F250 pick up.
Police believe the Silverado may have tried to pass the Ford. The
driver of the Ford then forced the Chevy off the road and into a
ditch.
The three men got out to survey the damage. As the they stood at the
side of the road, the Ford pickup turned and drove back, heading
straight at them. Two of the friends jumped out of the way, but
O'Brien was hit and killed in front of his two best friends. The
Ford then sped off.
"At this point we are very confident we have the right F250 and the
right suspect," said Carr.
The arrest took place at Fraser Highway and 232 Street, but Carr
wouldn't say if it was at a residence.
"Alcohol and drugs may form part of our investigation," he
confirmed.
As for whether the driver could face second degree murder charges,
Carr wasn't willing to speculate.
"Our challenge is proving intent," he said. "If the evidence
supports a murder charge then that's what would go forward to
Crown."
Investigators continue to work hard to obtain charges.
"The vehicle is undergoing a thorough forensic investigation at this
point," Carr said.
Meanwhile, O'Brien's parents are asking for privacy.
"I have spoken to the O'Briens and I will relay a message from
them," said Langley RCMP Supt. Janice Armstrong. "They really
appreciate the outpouring of compassion and love from this community
and the entire Lower Mainland.
"It's given them strength in such a terrible time."
Armstrong offered heartfelt condolences to the O'Brien family and to
Silas' friends on behalf of the officers and the community.
"We are in shock and disbelief. This is such a senseless and
terrible tragedy. It's a cowardly crime," she said. |

|
Abby man killed in road rage incident
By Monique Tamminga - Langley Times - March 13, 2008
Three long-time friends heading to Vancouver Airport for a dream
vacation to Hawaii, when the unthinkable happened early Thursday
morning.
Silas O'Brien, a 21-year-old Abbotsford man, was mowed down and
killed and his two friends left deeply traumatized after the vehicle
they were in was run off the road in what police are calling a
deliberate act of road rage.
The three 21-year-olds, who are all members of Cloverdale Bible Way
church, had just been at a prayer meeting the night before, joined
by more than 500 members of their congregation including their
families. They were there to wish the three a fond farewell.
Now the Integrated Homicide Investigation Team (IHIT) has taken over
the case and are looking for the white Ford F250 truck and the
driver responsible for this deadly hit-and-run.
Langley RCMP say it started just after 2 a.m. as the young men's
Chevy Silverado truck came up behind the Ford truck heading west in
the 25800 block of 16 Avenue.
The Chevy, containing the three Abbotsford men, may have tried to
pass the truck. The driver of the Ford pick-up then ran the Chevy
off the road and into a ditch, said Langley RCMP.
The three men got out of the Chevy to survey the damage. Police
believe the driver of a silver Honda stopped to make sure everyone
was OK. The three said they were and the Honda driver went on his
way.
That's when the driver of the Ford F250 drove back, deliberately
heading straight for them.
Sam Dooley, 21, and Luke Stevens, 21, along with O'Brien, were all
standing on the side of the road when the truck came right at them.
Dooley and Stevens jumped out of the way but O'Brien was hit.
He died at the scene. His two friends were brought to the Langley
detachment and Victim Services was counselling them as they come to
grips with what happened.
The three young men's senior pastor Ed Byskal arrived at the scene
of the crime on Thursday morning. He had just led the young men in
prayer the night before, wishing them a safe journey to Hawaii.
"These young men were well thought of. These are very fine young
men," said Byskal. "Last night he got to say goodbye to his family."
Byskal said the three young men were like brothers to each other and
have known one another for years.
O'Brien worked with his dad and the two are very close, said Byskal.
The three young men were part of a tight-knit youth group, he said.
IHIT is hoping to hear from anyone who may know something or may
have passed by the truck at any point that night.
The Ford truck is a pick-up equipped with a rack able to hold
recreational vehicles like snowmobiles. It will have front end
damage, towards the driver's side.
Police would like to talk to the driver of the silver Honda that had
pulled over earlier to make sure the three were OK.
Call the IHIT at 1-877-543-9217 or CrimeStoppers at 1-800-222-TIPS.
|

|
RCMP investigate case of road rage
By Roger Knox
Vernon Morning Star - February 27, 2008
Vernon RCMP are investigating a road rage incident Saturday afternoon, and are
asking for the public’s help in finding one of the drivers.
Police report that at approximately 12:40 p.m. on Saturday, two males drove into
the parking lot of the Longhorn Pub on 25th Avenue after nearly colliding on the
roadway.
After getting out of their vehicles, an argument and pushing match ensued
between the two male drivers in the parking lot, witnessed by an employee of the
Longhorn.
“A male driving a newer model silver-grey Jeep Cherokee got back into his
vehicle and actually squealed his tires as he drove towards the driver’s side of
the second vehicle, a 2004 blue Toyota Celica,” said RCMP spokesman Gord
Molendyk.
“He narrowly missed the driver, but caught the driver’s side door and bent it
right back to the front fender, then took off.”
The suspect is a male, approximately 5-foot-11, with short, brown hair and a
slender build. He was wearing a white shirt and large sunglasses.
Molendyk said the jeep was covered with mud and dust, so a view of the suspect
licence plate was blocked.
“We’re asking the public, anybody who saw this incident, or anybody who noticed
this newer-model silver-grey Jeep Cherokee – probably has damage to the right
front, the headlight area – to give us a call,” said Molendyk.
Call the Vernon detachment at 545-7171 if you can provide any information.
|

Internet stats make case
April 23, 2008 - Kelowna Capital News
To the editor:
Re: What’s Wrong With A Little Weed While Cruisin’? April 13,
Capital News, submitted by Kelowna Alcohol and Drug Services.
Several studies have established that pot smoking and driving is a
remarkably safe and pleasant way to get around. For those with
computers go:
http://www.cannabisculture.com/articles/1775.html.
This article contains several links to studies that show just how
safe drivers on cannabis are. Obviously, it makes a difference if
the driver is a seasoned pot smoker or a newbie. If in doubt, take
the bus.
Far less responsible is the article to which I’m responding, or the
bogus survey quoted.
The 2006 Canadian Centre on Substance Abuse report relied on a
telephone survey (with what scientific validity?) but no field tests
or research that contradicted the position they apparently are
fixated on. If they had bothered to use a comprehensive and balanced
approach, their conclusions would have been quite different.
Bruce Codere,
Fox Creek, Alta. |

Vernon Blog Spot on Westside Road being used as
Vernon's bypass.
The last time we looked the poll suggested Westside Road as the corridor.
more

Get Involved, Demand a Bypass Now!
http://www.westernbypassnow.com/

Is speed killing us? Think about your answer and then read
this.

According to a 1995 BCAA
Angus Reid poll:
-
over one-half of members (57%) feel slow moving vehicles are
more of a safety hazard than fast-moving ones,
-
posted speed limits don't mean much (54%)"
-
only a few staunch members (9%) think that any speed over
the posted speed limit qualifies as speeding." [as the
Motor Vehicle Act
defines speeding'!]

If the form below does not work please,

Comment about road rage using this form below. Perhaps you have some
suggestions to help calm a road rage(ers) nerves.

View resident's comments here.


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