Highway traffic act section 128

You then look at the section of the act for information about your charge. 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. 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. For example, speeding is an offence under the highway traffic act.

If youve been charged with a speeding ticket, call our legal team today. The ontario highway traffic act defines careless driving as. Section 214 covers speed regulation in community safety zones. Section of the highway traffic act, 6, careless driving. The amount of the fine for traffic tickets is set by the chief justice of ontario. Every person is guilty of the offence of driving carelessly who drives a. On the speeding ticket for the section contrary to. Contrary to section 172 of the highway traffic act, section 128 speeding is an absolute liability offence. Dangerous driving lawyers richmond hill affordable. 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. 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. Ontario traffic ticket defence dui and criminal defence.

Speeding ticket law the law on speeding tickets in ontario. Im guessing that the officer lowered it to 128 because it was my first. Second, the physical act of charging you is covered under the provincial offences act. 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. Section 128 of the highway traffic act and the accumulation of 6 demerit points. Criminal,highway traffic act canadian legal information. Careless driving is one of the most serious offences in the highway traffic act.

Bill 26, highway traffic amendment act community safety. This class allows you to drive a nonschool bus with more than 24 passengers. Learn the most common ontario traffic ticket defence tactics. Speeding charges are issued under ontarios highway traffic act hta section 128. I knoow for a fact i was not going that fast and wish to fight it. 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. Many translated example sentences containing ontario highway traffic act. 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. The highway traffic act is amended by adding the following section. It is intended for information and reference purposes only. 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. There may be some common law defences available to you with the assistance of experienced legal representation. 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. 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.

Section 1 of the act covers definitions and application of the act to places other than highways. Any ideas on how best to navigate courts, processes, etc. Certain municipal bylaws respecting motor vehicles prohibited 90. Permit driving of motor vehicle, not in accordance with permit. Act xxx section xxxxx sub section xxx clause xxx item xx when searching you must include all spaces.

What is stunt driving and how can i fight it otd legal. 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. There are changes that may be brought into force at a future date. Three face drug charges after espanola traffic stop. Community safety zone designated on municipal highways. Gillian ominika, 25yearsold, of the wikwemikong first nation, has been charged with.

Disobey sign ticket is catch all for any traffic sign error. Bicycles are considered vehicles as part of the act. I am strongly considering this as i have no prior record. Drunk speeding with open booze x2 trcc news thunder bay. I comitted a provincial offence under section 128 of the highway traffic act in ontario, renfrew area of pembroke county. This is an unofficial version of ontarios cvor conviction code table. Changes that have been made appear in the content and are referenced with annotations. Highway stop leads to impaired charge for area man. The accused was issued a 90day automatic drivers licence suspension adls, and the vehicle was impounded for 7 days. To begin with, when it comes to speeding, the hta states. What is a speeding ticket or summonts in ontario otd legal. 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. A careless driving conviction will result in 6 demerit points as well as increases to your automobile insurance premiums. Schedule c highway traffic act speeding photo radar.

Ontario highway traffic act legislates how vehicles may be used on ontarios roads. 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. Hi, i recently got a ticket that really confused me. The essential elements of the offence of speeding are set out in section 128 of the highway traffic act. Speeding contrary to section 128 of the highway traffic act. 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. A farm tractor is not considered to be a motor vehicle under the highway traffic act. Speeding is one of the few absolute liability offences in the highway traffic act which means that there are almost no statutory defences available. 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. Drive while under suspension contrary to section 531 of the highway traffic act hta, and.

Cvor services traffic offence conviction code table. I comitted a provincial offence under section 128 of the. 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. 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. For an accurate reference please call your cvor analyst 416 2467166 carrier sanctions and investigation office the offence code on the ontario convictions sheet is set out as follows. It is a provincial offense, section 128 of highway traffic act. Charges for stunts or racing per section 1721 of the. And also, does hta 128 refers only to speeding ticket on highway, or. Statutes of newfoundland and labrador 2004 chapter 18.

Please note this document, prepared by the legislative counsel office, is an office consolidation of this act, current to december 2, 2015. Offences under the highway traffic act are the most commonly tried in provincial offences court. 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. Owner speeding pursuant to section 207 community safety zone. The officer said i violated the highway traffic act. The ticket says my name did commit the offense of speeding 98 kmh in a posted 60 kmh community safety zone. 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. I got my first ticket about a week ago where i was going 6 in a 100 zone. Anyone travelling in excess of or over the posted maximum. Speeding ticket help peterborough, toronto, ontario help legal. That means your charge is against section 128 of the highway traffic act but the fine is doubled in this special zone. I read the highway traffic act and it says nothing in section 128 about speeding in a community safety zone. Bill 20, red light camera act, 1998 legislative assembly.

An act to promote public safety through the creation of community safety zones. Possession of a schedule i substance cocaine contrary to section. Section 56 of the act states that the demerit point system is for the regulation of motor. Driving motor vehicle with liquor readily available contrary to section 321 of the liquor licence act lla. The highway traffic act is part of the traffic legislation of the province of ontario, canada. This document is not the official version of the act. The law regarding speeding tickets in ontario is found under section 128 of the highway traffic act of ontario, which states. Demerit points ontario ontario demerit points regulation. Such people thereby nullify their chances of pursuing a civil action against the officer. He is to appear in the ontario court of justice in thunder bay on july 27, 2018 to answer to the charge. Road traffic act 1988, section 128 is up to date with all changes known to be in force on or before 07 april 2020. Because traffic laws vary from place to place, can you tell me what state this is in.

The fine for a simple speeding offence is calculated as follows under hta s. Updated for august 2010, the highway traffic act has provisions under section 46 to. Speeding contrary to section 128 of the highway traffic act hta, and. Ontario highway traffic act french translation linguee. 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. Her majesty, by and with the advice and consent of the legislative assembly of the province of ontario, enacts as follows. 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. 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. 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.