A St. Thomas, Ont., man vows to battle a $615 ticket issued by the CN Police Service after he rode his bike onto an open gravel space beside railway tracks, a spot the place there is not any signal indicating it is Canadian Nationwide property.
“I used to be in shock,” mentioned John Van Duynhoven, 71, concerning the second he was issued the ticket. “I do plan to battle this.”
Van Duynhoven and his spouse, Helene, went for a motorbike trip on Saturday afternoon alongside St. Catharine Road, a residential road that runs north of Talbot Road in downtown St. Thomas. The north finish of the road widens out right into a gravel space about 50 metres south of the prepare tracks.
Van Duynhoven, who grew up in St. Thomas, admits to getting into the gravel space, which maps present is a spot the place St. Catharine Road connects with Hiawatha Road.
Van Duynhoven mentioned he and his spouse rode their bikes over the gravel space, coming no nearer than two metres from the railway tracks. He grew up within the space however hadn’t been there for years. He needed to point out his spouse the spot the place a variety of track-side companies as soon as stood when the railways, which give St. Thomas its Railway Metropolis nickname, had been the city’s financial lifeblood.
“We simply got here by on a whim,” he informed Ontario Chronicle. “We had been on a bicycle trip and I needed to see the modifications.”
No indicators to point railway property
This map reveals the place Van Duynhoven was when he was noticed by a CN officer and the place, moments later, he was issued a $615 ticket. ( Ontario Chronicle)
Moments later, the couple was strolling south on St. Catharine Road, travelling away from the tracks, when he noticed a police automobile. The officer received out of the automobile and approached him.
“He mentioned I used to be trespassing on CN property and he needed my ID,” mentioned Van Duynhoven. “I adopted his directions. He pulled out his ticket guide and ready to present me a ticket. I mentioned, ‘Is that this actual? Are you kidding me?’ As a result of we actually did not do any hurt.”
Van Duynhoven was significantly staggered by the $615 determine on the ticket. He mentioned the officer refused to let him off with a warning. Though she was beside him when the police noticed John, Helene wasn’t ticketed.
High-quality falls beneath Railway Security Act
Van Duynhoven despatched Ontario Chronicle a replica of his ticket. The cost falls beneath Sect. 26.1 of the federal Railway Security Act.
That regulation, which you’ll be able to learn right here, says “no individual shall, with out lawful excuse, enter on land on which a line work is located.”
CN has a small yard on that part of tracks, however Van Duynhoven mentioned he noticed no railway staff anyplace close to the world.
On Monday, he contacted the CN Police Service, hoping it would conform to nix the ticket to keep away from a pricey and protracted courtroom problem. He was informed any incursion onto CN property is taken into account trespassing, no matter whether or not there is a signal or fence to point it is railway property.
This spot the place the pavement ends on the north finish of St. Catharine Road is about 50 metres south of the CN tracks. (Andrew Lupton/CBC)
CN responded late Wednesday to a request by CBC for remark with an electronic mail that did not point out Van Duynhoven.
The assertion from spokesperson Michelle Hannan mentioned, “Enforcement occurs on an ongoing foundation and CN police works intently with neighbouring communities to make sure everyone seems to be conscious of the risks of trespassing on CN property and infrastructure.”
“When CN police are on patrol and see unsafe behaviour, it’s their responsibility to speak to neighborhood members the risks of trespassing and that is finished by means of enforcement, training, engineering and engagement actions.”
The e-mail additionally gave a listing of security ideas, together with to maintain off railway property or threat being fined as much as $50,000.
Though Van Duynhoven was spared tens of 1000’s of {dollars} extra in fines, he mentioned he is sharing his story to make others conscious they are often ticketed for being in areas near the tracks, even with no seen indicators or fences.
In the meantime, he has already began the courtroom technique of combating the ticket, hoping it will be dismissed.
“Why tie up worthwhile courtroom time with one thing as frivolous as this?” Van Duynhoven mentioned. “Hopefully somebody has some widespread sense throughout the authorized system. If I had seen an indication, I would not have been there.”
