Any ideas on how best to navigate courts, processes, etc. Please note this document, prepared by the legislative counsel office, is an office consolidation of this act, current to december 2, 2015. Act xxx section xxxxx sub section xxx clause xxx item xx when searching you must include all spaces. I got my first ticket about a week ago where i was going 6 in a 100 zone. The ticket says my name did commit the offense of speeding 98 kmh in a posted 60 kmh community safety zone. The essential elements of the offence of speeding are set out in section 128 of the highway traffic act. What is stunt driving and how can i fight it otd legal. Drive while under suspension contrary to section 531 of the highway traffic act hta, and. Owner speeding pursuant to section 207 community safety zone. Speeding ticket help peterborough, toronto, ontario help legal. Gillian ominika, 25yearsold, of the wikwemikong first nation, has been charged with. Section of the highway traffic act, 6, careless driving. Section 214 covers speed regulation in community safety zones.
What is a speeding ticket or summonts in ontario otd legal. It is a provincial offense, section 128 of highway traffic act. You then look at the section of the act for information about your charge. Contrary to section 172 of the highway traffic act, section 128 speeding is an absolute liability offence. Statutes of newfoundland and labrador 2004 chapter 18. Ontario highway traffic act legislates how vehicles may be used on ontarios roads. Disobey sign ticket is catch all for any traffic sign error. To begin with, when it comes to speeding, the hta states.
No person shall drive a motor vehicle at a rate of speed greater than, a 50 kilometres per hour on a highway within a local municipality or within a builtup area. The accused was issued a 90day automatic drivers licence suspension adls, and the vehicle was impounded for 7 days. Community safety zone designated on municipal highways. Speeding contrary to section 128 of the highway traffic act. Charges for stunts or racing per section 1721 of the. This is an unofficial version of ontarios cvor conviction code table.
It is intended for information and reference purposes only. Dangerous driving lawyers richmond hill affordable. If youve been charged with a speeding ticket, call our legal team today. The highway traffic act states section 128 different amounts but police officers are required to use the fines set by the chief justice if the wrong fine is used by the officer, it maybe considered a fatal mistake resulting in the ticket being canceled, dismissed or quashed. An act to amend the highway traffic act to improve safety at highway intersections by providing for the installation and use of red light cameras. The highway traffic act hta the act is an ontario act which regulates the licensing of vehicles, classification of traffic offences, administration of loads, classification of vehicles and other transport related issues. This particular section of the act, 182 2, is appearing frequently of late as a bona fide charge to traffic offences relating to official road signage. Second, the physical act of charging you is covered under the provincial offences act. The highway traffic act is amended by adding the following section. I read the highway traffic act and it says nothing in section 128 about speeding in a community safety zone. And finally, any ambiguity on the face of the ticket, such as with regards to the charge laid, the fine, the particular section of the act. Speeding charges are issued under ontarios highway traffic act hta section 128. Certain municipal bylaws respecting motor vehicles prohibited 90.
An act to promote public safety through the creation of community safety zones. The definition of highway in the act is broad in nature to include a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used. I comitted a provincial offence under section 128 of the highway traffic act in ontario, renfrew area of pembroke county. I comitted a provincial offence under section 128 of the. First introduced in 1923 to deal with increasing accidents during the early years of motoring in ontario, and replacing earlier legislation such as the highway travel act. Road traffic act 1988, section 128 is up to date with all changes known to be in force on or before 07 april 2020. Where, immediately before the twentyfirst day of november, 1966, any highway was, under the highway traffic act then in force, classified as a class b highway, that highway shall be deemed to be a class c highway as defined in subsection 1. There are changes that may be brought into force at a future date. A careless driving conviction will result in 6 demerit points as well as increases to your automobile insurance premiums. Her majesty, by and with the advice and consent of the legislative assembly of the province of ontario, enacts as follows. Cvor services traffic offence conviction code table. The amount of the fine for traffic tickets is set by the chief justice of ontario. This document is not the official version of the act. The offence of disobey sign has been in the highway traffic act for many years, however, it was rarely used by police officers enforcing traffic laws.
Learn the most common ontario traffic ticket defence tactics. A farm tractor is not considered to be a motor vehicle under the highway traffic act. Section 1 of the act covers definitions and application of the act to places other than highways. Highway stop leads to impaired charge for area man. I am strongly considering this as i have no prior record. That means your charge is against section 128 of the highway traffic act but the fine is doubled in this special zone.
Anyone travelling in excess of or over the posted maximum. The ontario highway traffic act defines careless driving as. Speeding contrary to section 128 of the highway traffic act hta, and. The opp later walks away looking good because most motorists, rather than contesting these charges that lack clear authority usually plead guilty to the actual section that ought to have been used. Bill 20, red light camera act, 1998 legislative assembly. Criminal,highway traffic act canadian legal information.
The fine for a simple speeding offence is calculated as follows under hta s. Highway traffic act section 128 1 no person shall drive a motor vehicle at a rate of speed greater than, a 50 kilometres per hour on a highway within a local municipality or within a builtup area. Bill 26, highway traffic amendment act community safety. Prior to stunt driving laws going into effect, travelling at 50 kmh over the posted speed limit simply resulted in a speeding offence under section 128 of ontarios highway traffic act hta.
The law regarding speeding tickets in ontario is found under section 128 of the highway traffic act of ontario, which states. I was driving my car the other day, it was at night time i was going downhill on a 60 zone, i let my car go and i got up to a speed of 120. Rate of speed 1 no person shall drive a motor vehicle at a rate of speed greater than. Offences under the highway traffic act are the most commonly tried in provincial offences court. Such people thereby nullify their chances of pursuing a civil action against the officer. Changes that have been made appear in the content and are referenced with annotations. Updated for august 2010, the highway traffic act has provisions under section 46 to. Ontario highway traffic act french translation linguee. Entering or crossing intersections with traffic control lights left turn on red light red traffic control light with transit priority signal by municipal authority 89. Drunk speeding with open booze x2 trcc news thunder bay. December 18, 2018 t c please note this document, prepared by the legislative counsel office, is an office consolidation of this act, current to december 18, 2018. Speeding ticket law the law on speeding tickets in ontario.
Hi, i recently got a ticket that really confused me. Im guessing that the officer lowered it to 128 because it was my first. The section reads no person shall drive a motor vehicle at a rate of speed greater than f the maximum rate of speed posted on a highway or portion of a highway pursuant to section 128. Speeding is one of the few absolute liability offences in the highway traffic act which means that there are almost no statutory defences available. Im guessing that the officer lowered it to 128 because it was my first ticket im 22 and ive been driving since i was 16 and this was his warning for me. Many translated example sentences containing ontario highway traffic act. The officer said i violated the highway traffic act. This act is current to march 25, 2020 see the tables of legislative changes for this act s legislative history, including any changes not in force.
He is to appear in the ontario court of justice in thunder bay on july 27, 2018 to answer to the charge. This class allows you to drive a nonschool bus with more than 24 passengers. The highway traffic act is part of the traffic legislation of the province of ontario, canada. And also, does hta 128 refers only to speeding ticket on highway, or. All motor vehicles or vehicles travelling on the highways, roads or streets of ontario are governed by the highway traffic act, section 128 to 129 inclusive.
Because traffic laws vary from place to place, can you tell me what state this is in. Every person is guilty of the offence of driving carelessly who drives a. Schedule c highway traffic act speeding photo radar. There may be some common law defences available to you with the assistance of experienced legal representation. Section 56 of the act states that the demerit point system is for the regulation of motor. Careless driving is one of the most serious offences in the highway traffic act. Possession of a schedule i substance cocaine contrary to section.
Three face drug charges after espanola traffic stop. Part 1 traffic tickets where an officer stops you and hands you a traffic ticket, no arrest part 2 parking tickets where a traffic ticket is. From what i understand, one option is to request meeting with crown prosecutor prior to trial and try to make an arrangement is this a good idea. Demerit points ontario ontario demerit points regulation. Permit driving of motor vehicle, not in accordance with permit.
Driving motor vehicle with liquor readily available contrary to section 321 of the liquor licence act lla. Bicycles are considered vehicles as part of the act. I knoow for a fact i was not going that fast and wish to fight it. Ontario traffic ticket defence dui and criminal defence. If you are charged with speeding in a community safety zone your ticket will have a section that says contrary to and in it will be a notation hta 128.