Posted speed limit invalid in Enterprise
Hamlet requires bylaw to enforce 30 km/h
Paul Bickford
Northern News Services
Published Monday, May 12, 2014
ENTERPRISE
A posted speed limit of 30 kilometres per hour in Enterprise is invalid because it has no legal status.
That was revealed to surprised members of hamlet council at a meeting on May 5.
"They're not valid unless you have the bylaw to back them up," said John McKee, the interim senior administrative officer with the hamlet, referring to the speed signs in the community.
The hamlet has no such bylaw.
The issue arose when Coun. Jim Dives complained about drivers speeding hamlet streets.
"We have posted speed limits in this town," Dives noted.
McKee then explained that, in the absence of a bylaw, the RCMP can only enforce the speed limit contained in the GNWT's Motor Vehicles Act.
"They can do it for 50 kilometres an hour, but they can't do it for 30," he said, explaining the territorial legislation states, in the absence of a bylaw the speed limit within a community will be 50 kilometres per hour.
"If you want to reduce it, you have to make your own bylaw, which they then can enforce."
Dives suggested that such a bylaw should be passed by the hamlet, noting the 30 km/h limit was posted for a number of reasons.
One of those reasons is the community doesn't have sidewalks, he said. "People walk down the roads."
Plus, he noted a community resident is in a wheelchair and moves around the community on the streets.
Mayor John Leskiw II asked McKee about structuring an appropriate bylaw that could be enforced by the RCMP, and the SAO said he could do that.
"I think that definitely is a major priority," said Coun. John Leskiw III, the son of the mayor.
McKee said a bylaw could also cover snowmobiles and ATVs.
Dives also said the hamlet really needs such a bylaw.
"It's been a complaint that's come before council over and over and over about people speeding around town," he said. "If what we have posted in town is not enforceable, we might as well rip all the signs down."
Looking ahead to when a bylaw might be passed, Mayor Leskiw wondered if a separate bylaw officer would be needed to enforce the speed limit.
McKee said enforcement would become a policing issue, and speeding would have to be proven by someone able to use a radar
gun.
