Thursday, June 14, 2012

PUBLISHING: THE NEW ORDER


Indie publishing: For cowboys or for real?
By Jocelyn Watkin ©2012
Jocelyn Watkin

When other writers ask WHY I went down the indie publishing path in 2007 instead of approaching a traditional publisher, they assume it was because I had no choice. 
But, I deliberately chose to indie publish (self-publish, indie is short for independent) as I knew I would make more money and have more opportunities and control.

My book, which was co-authored with a financial planner, was called Keeping the Faith - Travel the World. I used my business skills to find a financial planning company to sponsor my website and some of the printing costs. This sponsor also paid for the book launch, to which they invited a number of their customers and I made a lot of sales.  [Click on this link to buy Keeping the Faith - Travel the World: www.publishme.co.nz/shop/keepingthefaithtraveltheworld-p-677.html]

The book was a commercial success for two main reasons - it had a ready-made audience and because this audience was willing and able to buy the book, it was profitable.

Access to willing buyers (an audience) is critical for all publishers, whether traditional or indie, and is essential for any book regardless of its genre or format (print or e-book). As such, it is the main theme of this article.

While the need for an audience hasn't changed, there have been significant changes in the publishing industry recently:

  • Traditional publishers are cutting down the number of print titles they sell, partly due to the rise of the e-book but also because of demand for a particular genre from bookstores.
  • Bookstores are squeezing publishers for work about celebrities - famous names that are usually not writers but have market and media visibility (an audience), which therefore brings in buyers.
  • The focus on New Zealand writers, books and themes is lessening as more of our local publishing houses are bought by global publishers. Therefore, the chance of getting published by a traditional publisher in New Zealand is decreasing.
  • Lack of opportunities and rewards with traditional publishers means that most writers will have to find other solutions to publishing and marketing their books.
That's mostly the negative news. Here's the positive news:
  • People haven't stopped reading.
  • Print-on-demand technology has vastly reduced the cost of indie publishing and the difference in quality between traditionally published books and the best indie-published books is minimal.
  • E-books are taking off, as e-reader devices become cheaper and far more user friendly.
  • Promotion and distribution via websites and social media (such as Facebook and Twitter) is easy and very cheap. Smart writers and others in the creative industries are using these platforms to build their readership and audience while writing their opus or creating their works. 
  • Writers now have the option to talk and sell directly to their readers, as most of the barriers between them (especially those imposed by traditional publishers and book sellers) can be removed.

A similar transition happened in the music business, which has changed beyond recognition in the last 15 years. Successful musicians and bands grabbed the opportunity to escape from what they felt was the tyranny of recording companies. They recognised the benefits of taking control - not just the chance for greater profits but to gain freedom of creative expression and to build a fan base that supported this. This example has provided a model to follow.

However, some writers are reluctant to adapt to changing technology or take advantage of these opportunities, perhaps worried by what they have to learn to embrace this new world.

The questions that writers usually asked in the past were:
·         ‘How can I get a publisher to publish my book?’ Or more recently:
·         ‘Why can’t I get anyone to publish my book?’
They should now be:
·         ‘What do I need to learn and do to get my work published?’
·         ‘How do I reach a new audience for my writing or reach my audience in new ways?’
Most writers grasp the idea of having a website or some form on online presence to sell their books
However, even with a book listed on Amazon buyers won't magically discover it, nor will they automatically want to buy. A writer needs an audience to sell to.

Writers struggle to learn from the music industry model because they feel they don't have the option to perform like musicians do. Most understand that musicians can give their recordings away (as free downloads) on the basis that they'll build an audience in the process, which they can then sell tickets to for their gigs. But, what can a writer do instead of a gig? 

The answer lies in the fact that writers do perform but not in the same way. Musicians give their music away and sell their performances (gigs). But it is the opposite for writers - because their writing is their performance, writers need to perform for free in order sell their books.

For example: While the online buyer can read the back cover blurb and view the e-book's cover on a website, they can't flick through the pages in quite the same way as a print book. So the author has to 'perform' by offering a free sample in order for the buyer to see the quality of the writing and to get interested in it.

However, the 'performance' needs to be on-going to keep the buyers engaged longer-term. To survive in the indie publishing world, writers can't go into hibernation until they emerge with their latest book. Continuing success for the indie published writer requires them to work on building their audience while writing their books. Marketing can't be put aside until each book is ready.

Before spending a lot of time, money and energy on promotion, a writer's first task should be to prepare and write content (articles/material) on their website that will sufficiently interest their readers so they will tell their friends about it. This is the writer's way of performing! A writer should continue to add fresh content to their website to continually build a bigger audience.

Once they get the hang of adding regular content, the writer can then work on promoting their website in order to get people to visit it.

Writers might give part of a book away for free or offer a number of related articles (blogs) to encourage a reader to buy the rest of the book.  Or, the writer might give away the first book of a series to drum up interest in themselves and their work, and then build on that interest in order to sell the rest of the books in the series.

Here's the payback of giving some of your work away for free (performing). You can:
·         Build an online profile before you publish your work.
·         Build your own readership, a network of potential readers and customers.
·         'Road test' your book in progress and get feedback on it before completing it.
·         Get your readers to promote you through their networks and social media (by telling others about you they do a lot of the marketing for you). 
·         Showcase your work as a writer which leads to other work - articles, writer in residencies and, yes, even offers by traditional publishers.

Examples of writers who have performed (provided free content online) and who then went on to sell their writing are:

·         American Julie Powell documenting online her daily experiences cooking each of the 524 recipes in Julia Child's Mastering the Art of French Cooking. This resulted in book and film contracts. The film Julie and Julia became the first major movie to be based on a blog.

·         Irish writer David Gaughran: http://davidgaughran.wordpress.com One year ago he had had 300 rejections from agents in Ireland, UK and the US for his first novel: A Storm Hits Valparaiso. In his words: "I made the right decision to self publish my novel. In my first twelve months, I sold 3,482 books and made well over $8,000.          
                Aside from those 3,482 paid sales, I gave away well over 30,000 books.
                I’ve been growing sales month-on-month. I’ve sold around 500 books in each of the last two     months. And, in a couple of weeks, my 2012 sales will overtake my total for all of 2011. Read           more: http://davidgaughran.wordpress.com/2012/04/26/was-self-publishing-the-right-            decision/

·         My own second book Faith Speaks Money Talks (in 2009) was a compilation of free financial planning articles I had written for my website to keep my readers engaged. The articles were chosen for the book because they had consistently rated highly with readers in my website statistics. I approached my online readers with a special pre-publication offer and received enough orders in advance to pay for the entire first print run - even though the majority of these buyers had already read the material for free. Click on this link to buy Faith Speaks Money Talks: www.publishme.co.nz/shop/faithspeaksmoneytalks-p-676.html

In all of the above examples the writers built their audience by providing free content that:
·         solved problems for the reader, or
·         made them laugh, cry or think, or
·         made them curious to come back, read more and to tell their family and friends about it.

This is good news for all who put pen to paper or fingers to keyboard. Writers already have the best skills for preparing website content - the ability to write and write well. 

In summary, traditional publishing options are changing and there are fewer opportunities for New Zealand writers. This is not expected to improve but indie publishing offers a viable alternative.

Having a website or listing an e-book on Amazon won't be enough - you need access to a willing audience. This is the same whether you're a traditional or indie publisher. You need to be a performer as well as having books for sale on your website. Build both your audience and your credibility with content such as blogging, articles, short stories, quizzes, "how to" guides and keep this content going.

You don't have to do this all alone. As the publisher all you have to understand is what you want to achieve. You can get help with the activities and tasks that you can't do, e.g. by hiring designers, formatters, printers and marketers.

In time the indie publishing industry will become like the indie film industry with writers forming co-operative partnerships with others who have the skills needed for certain projects.

It's asking much of the writer to be so much more than a writer, but to get your work out there it's time and effort well spent.

Discover more about indie publishing:  (‘What do I need to learn and do to get my work published?’)

·         Refer to the NZ Society of Authors www.authors.org.nz leaflet Getting help with your Manuscript (which explains the role of agents, assessors and editors and how they can help you get your work to a publishable standard) or the booklet Getting Published (described as: "everything you need to know about the publishing process"), both available from the NZSA Online Bookshop.
·         Print books: Talk to any specialist book printer (not a general printer) about what you want. Ask for a quote from at least 2 - 3 printers. For example: PublishMe www.publishme.co.nz Don't fall into the trap of thinking that a book printer or formatter is the publisher. If the writer is paying for assessment, editing, text layout, formatting and/or printing, then it is the writer who is the publisher, not the person that you are hiring to provide these skills. While they should be paid a fair price for their work, they are not entitled to call themselves the publisher or take a percentage of the profits.
·         How to get the ISBN (International Standard Book Number, which is a worldwide identification code (fingerprint) for books that allows book suppliers and libraries to easily locate and order a book): An ISBN is free to New Zealand publishers of books and other print, electronic or multimedia publications and is available from the National Library of New Zealand www.natlib.govt.nz It can be applied for online or by post and takes 7 - 10 days. (If you are the publisher, then make sure the ISBN is registered in your name and not that of the printer or text formatter.)
·         E-Books: Buy Digital Publishing Guide online from NZ Society of Authors www.authors.org.nz  This guide will introduce you to digital publishing, explain how you can produce an e-book and sell it in New Zealand and internationally.
·         Free indie publishing tips and ideas are available on The Story Bridge website www.thestorybridge.co.nz or sign up for their free e-newsletter to receive on-going advice.

What to do next/make a start: (‘How do I reach a new audience for my writing or reach my audience in new ways?’)

·         Begin a blog. With www.blogger.com you can have a website up and running for free in less than 15 minutes. Perform on your site (i.e. write new content/interesting material/blogs) every week to build credibility and your audience. Remember: make your readers laugh, cry or think and wanting to come back for more. Ask readers to leave comments on your site.
·         Promote your site - at the very least put the link to your blog site/website at the bottom of your email signature and also on your business cards. Ask your readers to promote your site to their networks and via social media such as Twitter and Facebook.
·         Get business cards if you don't already have them. Cards from www.vistaprint.co.nz are quick, cheap and look professional. Give your business card to everyone you meet.
·         Have a go at one form of social media (more if possible) to promote your blog site. Twitter www.twitter.com is one of the easiest to use, is free and it's good practice for any writer to learn express their thoughts in 140 characters or less. It's also a great way of learning more (from others) about writing, indie publishing, blogging and selling online. For an example, check out The Story Bridge on Twitter: @TheStoryBridge  
·         Finish your book and get it edited. Decide on print book, e-book or both formats. Promote your book by email and social media and make a special pre-publication offer to your audience. Don't forget to promote your book launch, too.
·         Publish your book, upload it onto a book selling website (e.g. Amazon, Fishpond or other) and link to this from your own blogsite/website. While all this is happening, keep blogging to continue to build interest in you and your book.
·         Rinse and repeat. If in doubt about what to do at any time go to Google www.google.co.nz and type in "How to [insert what it is that you want to know]".  E.g. "How to write a blog" provides pages of links that will tell you exactly how to do that.

Note: Jocelyn Watkin is a co-director for The Story Bridge.

Buy Jocelyn's books
Keeping the Faith - Travel the World: Click on this link: www.publishme.co.nz/shop/keepingthefaithtraveltheworld-p-677.html

Faith Speaks Month Talks: Click on this link:


Jocelyn Watkin, © 2012


Wednesday, June 13, 2012

The Trucker's Friend



OOIDA and Split Speed Limits
OOIDA headquarters at 1 Ooida Drive,
Grain Valley, Missouri

The Owner–Operator Independent Drivers Association (OOIDA) is an international trade organization dedicated to the interests of truck drivers. Founded in 1973 from a convoy of protesting truckers who drove to Washington to speak with the President, the organization represents professional drivers and actively works to affect state and federal legislation regarding the trucking industry in North America. The nearly 160,000 members of OOIDA are men and women in all 50 states and Canada who collectively own and/or operate more than 240,000 individual heavy-duty trucks and small truck fleets.
The association's headquarters are located near Kansas City in Grain Valley, Missouri, and is staffed with 325 full-time employees. Officers and directors of the OOIDA are all either former or current professional truck drivers, and are elected by the organization's members. The OOIDA is the publisher of Land Line Magazine, a trade publication designed to keep truck drivers informed of current regulations, products, and services.

Land Line Magazine is the business magazine for professional truckers and the official publication of the Owner-Operator Independent Drivers Association (www.ooida.com). Editorial policy encompasses informing truckers, the trucking industry and various government agencies about issues related to the industry. News and feature articles are designed to keep professional truckers updated on legislation, industry activities and trends. Land Line Magazine has a direct mail circulation of more than 187,000 that includes owner-operators, small fleet owners and professional drivers. Land Line Magazine is a member of the Audit Bureau of Circulations.

Peter’s Comment

OOIDA does a great job for truckers. I know from personal experience and I recommend that every trucker on the road should consider membership. Below is just one example of how OOIDA represents truckers.

The Texas split speed limit saga

by  Sandi Soendker, Land Line Magazine

Like “Lonesome Dove,” the story of speed limits in Texas could be a TV series. Only crazier.
Let’s go back to late fall 1996. At that time, OOIDA headquarters was housed in a remodeled truck stop at Exit 24 in Grain Valley, MO.
The national speed limit had been eliminated in 1995, and it was up to the states to set their own. OOIDA had lobbied hard, along with the National Motorists Association, to get rid of 55. ATA was hellbent against it, preaching that eliminating the national limit would be a disaster. After the double nickel was history, OOIDA set its sights on convincing state lawmakers that uniform speed limits were vital to highway safety.
One of those states with split speeds was Texas. The Texas legislature was scheduled to convene in 1997, and that would be OOIDA’s first opportunity to convince Lone Star lawmakers to get rid of the differential. If the issue did not make it to the legislators, it would be another two years that truckers would be saddled with a dangerous speed variance – nearly four years after the national speed limit was eliminated.
A number of Texas members (T.G. Swarb, Bill Harwell, John Hill, Clifford Floeck and Charles Holman were a few that I remember, along with Frank Owen) worked hard with their representatives to see that the issue of truck speeds came up in the legislature in ’97. Clifford, as I recall, virtually camped out in Austin. And Holman, a bullhauler – well, he never did know the meaning of quit.
OOIDA’s Todd Spencer wrote to OOIDA members in the January/February 1997 Land Line: “Achieving uniform speed limits in Texas will be an extremely difficult battle. Are you in it for the long haul?”
It would be a long haul, for sure. Our members pounded their lawmakers and wrote letters to then Gov. George W. Bush. OOIDA found a sympathetic ear with Texas Rep. Anna Mowrey. She filed a House bill that was approved by the Texas Transportation Committee and felt sure the bill would go on to the floor and pass. She continued her tireless effort until the last possible moment. After her original bill missed a scheduling deadline, she succeeded in attaching a uniform car/truck amendment to a Senate bill as it came up for a vote in the House.
Back in Grain Valley, we were all on pins and needles. The Senate bill passed the House with Mowrey’s amendment and then went to House-Senate conference committee. We went home from the office not knowing the outcome – but things looked good and someone said the beer was in the fridge. The next day we were ecstatic to read the AP news and Texas news reports claiming that split speed limits for cars and trucks had been voted out, eliminated. For a few hours, we were on cloud nine. Then the bad news. The news reports were WRONG.
Lawmakers had left the split speed vote for the last item of the day and the last vote of the session. It seems that the Associated Press reporter who covered it left before the vote. He must have thought it was a sure thing, and he had a deadline to meet. The reporter grabbed up the amended version of Mowrey’s bill instead of the version that was voted down after he left and then signed by Gov. Bush. The speed limit part of the bill? It had, in fact, been yanked at the last minute.
I clearly remember that day. What a disappointment. What happened? In spite of all the last-minute faxes, calls, letters from Texas truckers – the lawmakers voted with the bill’s author, Sen. Chris Harris to strip Mowrey’s amendment. We were flabbergasted. Mowrey had met with Gov. Bush and came away with the assurance that if the bill made it to his desk, he would sign it.
Then why did they flip at the last minute and strip the bill? It remained murky. We later found out it could have been due to a last-minute letter from the commissioner of the Texas DOT who said increasing the speed limit on 18-wheelers was not a wise thing to do in his opinion.
Two years later, we were back at it and Todd and other OOIDA members were again beating a path to Austin. One of our most persistent fighters was Charles Holman. Sadly, he succumbed to cancer before we had a chance to do battle with split speeds again.
Todd met with Rep. Carl Isett of Lubbock, who filed a bill to eliminate the split speeds for cars and trucks. Mowrey co-sponsored it. Sen. Teel Bivins introduced the Senate bill, and it passed. The measure was approved by both houses, but there was a snag over some details and it went back to conference committee.
That committee ended up restricting trucks to 60 on farm-to-market and ranch roads during the day and 55 at night. But at OOIDA, it was a victory. Split speeds were mostly gone. I remember we did a full page ad in Land Line saying “THANK YOU TEXAS OOIDA MEMBERS!”
Fast forward to 2011. In today’s news, State Legislative Editor Keith Goble reports on a big speed limit update in Texas. Starting Sept. 1, there will no longer be a distinction between daytime and nighttime speeds, as well as a slower speed for trucks. All vehicles will be allowed to travel the same speed regardless of the time of day.
At last, 12 years after the battle began, it’s the complete elimination of split speeds on Texas roads.
So – is there any beer in the fridge?
SOME OF THE OOIDA TEAM
OOIDA President
Jim Johnston
OOIDA Executive VP & Publisher
Todd Spencer
Editor-in-Chief
Managing Editor
Copy Editor
State Legislative Editor
Associate Editor
Staff Writer
Staff Writer
News Clerk
Senior Technical Editor
Field Editor
Art Director
Debbie Johnson
Production Manager
Production Assistant
Nikohle Ellis
Columnists

OOIDA address is PO Box 1000, Grain Valley, MO, 64029. Phone (816) 229-5791.

Tuesday, June 12, 2012

BURIED WARBIRDS


Buried treasure in Burma:
Squadron of lost WWII Spitfires to be exhumed
Published April 19, 2012
FoxNews.com

A Spitfire LF Mk IX, flown by New Zealander Ray Hanna in 2005. (Wikipedia / Franck Cabrol)
Yar -- it's buried PILOT treasure! 
Like a treasure chest stuffed with priceless booty, as many as 20 World War II-era Spitfire planes are perfectly preserved, buried in crates beneath Burma -- and after 67 years underground, they're set to be uncovered.
The planes were shipped in standard fashion in 1945 from their manufacturer in England to the Far East country: waxed, wrapped in greased paper and tarred to protect against the elements. They were then buried in the crates they were shipped in, rather than let them fall into enemy hands, said David Cundall, an aviation enthusiast who has spent 15 years and about $200,000 in his efforts to reveal the lost planes.
The 62-year-old man -- a British farmer by trade -- realized the fate of the aircraft thanks to an offhand comment a group of American veterans made to a friend, he told the Sydney Morning Herald.
'We've done some pretty silly things in our time, but the silliest was burying Spitfires.'
- David Cundall, aviation enthusiast
''They told Jim: 'We've done some pretty silly things in our time, but the silliest was burying Spitfires.' And when Jim got back from the U.S., he told me,'" Cundall said.
The location of the planes, which remains a closely kept secret, was confirmed during a recent trip to the Far East country, he said.
''We sent a borehole down and used a camera to look at the crates. They seemed to be in good condition," Cundall told the Herald.
The Spitfire Mark XIV planes are rare for more than one reason: They used Rolls Royce Griffon engines rather than the Merlins used in earlier models to achieve tremendous speeds. Griffon-powered planes could reach 440 mph thanks to the hefty, 2,050-horsepower engines.
When production of the planes ultimately ended in 1947, 20,334 Spitfires of all versions had been produced, but just 2,053 of them were Griffon-powered versions, according to Encyclopedia Britannica.
The planes were deemed surplus and were buried in Aug., 1945 -- potentially along with another eight later in the year. At that time, propeller planes were falling out of fashion in favor of newer jet-engine designs -- Cundall said Spitfires "were 10 a penny." British military officials decided burying them was cheaper and more practical than bringing them home.
International sanctions prevent military material from leaving the country, but a recent visit by British Prime Minister David Cameron may enable the safe exhumation and return of the planes to England.
Only about 35 Spitfires are currently flying.

Peter’s Comment

I have a selection of Spitfires on Microsoft Flight Simulator 2004. They are a real pleasure to fly and very realistic. In fact they are so realistic that all models can swing on take-off if you let them take over your concentration. However, the contra-rotating prop version will only swing if you’ve factored in some wind. Great for aerobatics.



Monday, June 11, 2012

The End of a Long Mystery?


Amelia Earhart mystery may be solved in Pacific
AFPJune 10, 2012, 11:20 pm Yahoo News

WASHINGTON (AFP) - Seventy-five years after Amelia Earhart disappeared over the Pacific, a research team is setting off July 2 with high hopes of resolving the mystery surrounding the pioneering aviatrix.
Amelia Earhart

For the tenth time in 23 years, the International Group for Historic Aircraft Recovery (TIGHAR) will set off for Nikumaroro island in Kiribati to establish whether Earhart survived the apparent crash of her aircraft.
"This time, we'll be searching for debris from the aircraft," TIGHAR's founder and executive director Richard Gillespie, himself a pilot and former aviation accident investigator, told AFP.
Earhart vanished on July 2, 1937 at age 39 with navigator Fred Noonan during the final stage of an ambitious round-the-world flight along the equator in a twin-engine Lockheed Electra.
The holder of several aeronautical records, including the first woman to cross the Atlantic by air, Earhart had set off from New Guinea to refuel at Howland Island for a final long-distance hop to California.
In what turned out to be her final radio message, she declared she was unable to find Howland and that fuel was running low.
Several search-and-rescue missions ordered by then-president Franklin Roosevelt turned up no trace of Earhart or Noonan, who were eventually presumed dead at sea.
Conspiracy theories flourished. One contended that Earhart was held by Japanese imperial forces as a spy. Another claimed she completed her flight, but changed her identity and settled in New Jersey.
TIGHAR is working on the hypothesis that the duo reached Gardner Island, then a British possession and now known as Nikumaroro, and managed to survive for an unknown period of time.
Nikumaroro, uninhabited in Earhart's time, and a mere 3.7 miles (six kilometers) long by 1.2 miles (two kilometers) wide, is about 300 miles (480 kilometers) southeast of Howland Island.
Earhart and the Lockheed Electra

This year's TIGHAR expedition will see about 20 scientists depart Hawaii to explore over 10 days both the island and an underwater reef slope at the west end of the island.
It will be equipped with a multi-beam sonar to map the ocean floor, plus a remote-controlled device similar to the one that found the black boxes from the Rio-to-Paris Air France that crashed into the South Atlantic in 2009.
If debris is found, it will be photographed and its location carefully documented for a future expedition, Gillespie said.
Sustaining the search are clues worthy of detective story, including items from the 1930s previously discovered on the island such as a jar of face cream, a penknife blade, the heel of a woman's shoe and a bit of Plexiglas.
Skeletons of birds apparently cooked over a campfire have also contributed to the mystery, and settlers who reached Nikumaroro after 1937 have spoken of the existence of aircraft wreckage.

Bone fragments have meanwhile been subjected to DNA testing that turned out to be inconclusive, said Gillespie, who remains hopeful that parts of Earhart's Electra remain to be found.
The US government is lending technical and diplomatic support to the TIGHAR effort, budgeted at $2 million and otherwise privately funded. A documentary is due to be broadcast on the Discovery cable television channel.

Saturday, June 9, 2012

Speed Limiter Dangers on Trucks and Buses


Top of Form
Court rules speed-limiters are unsafe
By David Tanner, Land Line associate editor
The Owner Operator Independent Driver Association
building, Grain Valley, Missouri
1 NW OOIDA Drive, Post Office Box 1000
Grain Valley, MO 64029
1-800-444-5791
(816) 229-5791
Fax: (816)443-2227
Email: 
sandi_soendker@landlinemag.com
www.ooida.com
www.landlinemag.com

Wednesday, June 6, 2012 – An Ontario trial judge ruled in favor of owner-operator Gene Michaud today, setting a precedent that the requirement for speed limiters on heavy trucks violated the trucker’s right to personal safety. The judge also said the law violates the principles of fundamental justice because it does not make the roads safer as the province claimed, in fact, it creates a danger.

Michaud, an OOIDA life member from St. Catharines, Ontario, filed a constitutional challenge last year against the province over the law that requires heavy trucks 1995 and newer to have a working speed limiter set no higher than 105 kilometers per hour, or 65 mph.

OOIDA President Jim Johnston says truckers far and wide have had an interest in this case because of the precedent it could set.

“This is really the reason we took this case on to start with, and funded it, not only because of the impact on our Canadian members, but the even greater impact it could have on our U.S. members, both those who travel in Canada as well as those who may be subject to similar types of rulings in the U.S.,” Johnston said.

“Right now, we’re battling with ATA and other interests that very much want to see speed limiters put on trucks.”

Michaud runs the majority of his miles in the United States. He testified that the speed-limiter law violated his right to security as a person under the Canadian Charter of Rights and Freedoms because his vehicle speed was capped below the flow of traffic in many jurisdictions. The trucker recalled numerous incidents in which he felt “bound and unsafe” during certain traffic situations.

“We argued that the security of the person, in this case commercial driver Michaud, was threatened because of the speed limiter,” Michaud’s attorney, David Crocker of the Toronto firm Davis LLP, told Land Line Magazine.

Testimony included an affidavit on behalf of Michaud from retired assistant administrator Julie Cirillo of the U.S. Federal Motor Carrier Safety Administration. In the affidavit, Cirillo cited research showing that uniform speeds are safer than when vehicles travel at different speeds. A forced speed differential, then, created an unsafe condition.

Justice of the Peace Brett A. Kelly of the Ontario Court of Justice, Provincial Offences Division, agreed with those points.

“His ability to have full care and control of all aspects of the vehicle and therefore safety is impaired as opposed to improved, and the situations described by Mr. Michaud – while they may be at times examples of poor driver practice – they are directly and indirectly the result of the regulation,” Kelly wrote. “Mr. Michaud has reason to be concerned for his security of person as he is being placed in a dangerous situation.”

Additionally, Kelly said the speed-limiter law violates the principles of fundamental justice because it is arbitrary and does not do what the province said it would do in making roadways safer.

Kelly does not have the power to strike down the law. If and when the province of Ontario appeals the case, a superior court does possess jurisdiction to strike down a bad law.

Johnston said the judge made the right call in saying the provincial law does not accomplish what the province said it would.

“He definitely ruled that it was arbitrary. Down here we call it ‘arbitrary and capricious,’ that there was no basis for it, and that there was also no evidence to show that this change has any effect whatsoever on safety,” Johnston said.

The province of Ontario has a 30-day window to file an appeal in the case.

Courtesy of Landline Magazine

Peter’s Comment

My own personal experience of speed limiters is not good. I could have been killed by a speed limiter on my tour coach while in conflict with a truck and car that were presumably not speed limited.

I overtook a truck going up a hill in a passing lane while returning empty from Wellington to Auckland after my first tour in that coach.

The truck speed I estimated at 80 kph when I started passing but as the road leveled out the truck picked up speed and started gaining on me. My speed increased to 92 kph (the speed limited speed) as we came to the end of the passing lane and I was unable to pull clear. At that point a car approached from the opposite direction and I was powerless to do anything other than straddle the center line so that all three vehicles had a small piece of road each.

Neither the truck or car driver took any evasive action other than to flash their lights, blow their horns and keep the pedal down, a totally useless gesture to a driver who was an innocent victim of bureaucratic madness, not to mention the same two drivers prepared to die maintaining their right-of-way rather than yield.

One of the hazards of speed limiters is that there is no warning that acceleration will cease and there is no way to override it in an emergency.

Speed limiters should be outlawed.
Bottom of Form

BEYOND THE SEAS

This is my latest historical novel  Beyond the Seas When twelve-year-old orphan Nathaniel Asker is shipped from the back alleys of London to...