Highway traffic act 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. Ontario highway traffic act legislates how vehicles may be used on ontarios roads. I comitted a provincial offence under section 128 of the. For example, speeding is an offence under the highway traffic act. Section 128 of the highway traffic act and the accumulation of 6 demerit points. 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. Speeding contrary to section 128 of the highway traffic act hta, and.

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 essential elements of the offence of speeding are set out in section 128 of the highway traffic act. I got my first ticket about a week ago where i was going 6 in a 100 zone. Permit driving of motor vehicle, not in accordance with permit. Section of the highway traffic act, 6, careless driving.

Highway stop leads to impaired charge for area man. 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. 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. Section 56 of the act states that the demerit point system is for the regulation of motor. 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. Offences under the highway traffic act are the most commonly tried in provincial offences court. 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. Three face drug charges after espanola traffic stop.

Contrary to section 172 of the highway traffic act, section 128 speeding is an absolute liability offence. This is an unofficial version of ontarios cvor conviction code table. There may be some common law defences available to you with the assistance of experienced legal representation. 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. 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. 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. Speeding ticket law the law on speeding tickets in ontario.

Speeding contrary to section 128 of the highway traffic 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. Possession of a schedule i substance cocaine contrary to section. He is to appear in the ontario court of justice in thunder bay on july 27, 2018 to answer to the charge.

And also, does hta 128 refers only to speeding ticket on highway, or. Criminal,highway traffic act canadian legal information. Schedule c highway traffic act speeding photo radar. I read the highway traffic act and it says nothing in section 128 about speeding in a community safety zone. Her majesty, by and with the advice and consent of the legislative assembly of the province of ontario, enacts as follows. Updated for august 2010, the highway traffic act has provisions under section 46 to. Act xxx section xxxxx sub section xxx clause xxx item xx when searching you must include all spaces. Ontario highway traffic act french translation linguee. A farm tractor is not considered to be a motor vehicle under the highway traffic act. The amount of the fine for traffic tickets is set by the chief justice of ontario. Hi, i recently got a ticket that really confused me. Disobey sign ticket is catch all for any traffic sign error.

You then look at the section of the act for information about your charge. It is intended for information and reference purposes only. Statutes of newfoundland and labrador 2004 chapter 18. Section 1 of the act covers definitions and application of the act to places other than highways. Drive while under suspension contrary to section 531 of the highway traffic act hta, and.

Community safety zone designated on municipal highways. Charges for stunts or racing per section 1721 of the. The ticket says my name did commit the offense of speeding 98 kmh in a posted 60 kmh community safety zone. What is stunt driving and how can i fight it otd legal. 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. That means your charge is against section 128 of the highway traffic act but the fine is doubled in this special zone. 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. Dangerous driving lawyers richmond hill affordable. Gillian ominika, 25yearsold, of the wikwemikong first nation, has been charged with. The ontario highway traffic act defines careless driving as. Drunk speeding with open booze x2 trcc news thunder bay. I am strongly considering this as i have no prior record.

If youve been charged with a speeding ticket, call our legal team today. To begin with, when it comes to speeding, the hta states. Any ideas on how best to navigate courts, processes, etc. Rate of speed 1 no person shall drive a motor vehicle at a rate of speed greater than. What is a speeding ticket or summonts in ontario otd legal.

I knoow for a fact i was not going that fast and wish to fight it. An act to promote public safety through the creation of community safety zones. 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. 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. Bicycles are considered vehicles as part of the act. Many translated example sentences containing ontario highway traffic act. 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. Owner speeding pursuant to section 207 community safety zone. Every person is guilty of the offence of driving carelessly who drives a. 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. Because traffic laws vary from place to place, can you tell me what state this is in.

I comitted a provincial offence under section 128 of the highway traffic act in ontario, renfrew area of pembroke county. Driving motor vehicle with liquor readily available contrary to section 321 of the liquor licence act lla. This class allows you to drive a nonschool bus with more than 24 passengers. 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 214 covers speed regulation in community safety zones. Changes that have been made appear in the content and are referenced with annotations. There are changes that may be brought into force at a future date. The accused was issued a 90day automatic drivers licence suspension adls, and the vehicle was impounded for 7 days. 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. 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. Speeding charges are issued under ontarios highway traffic act hta section 128.

Bill 26, highway traffic amendment act community safety. Learn the most common ontario traffic ticket defence tactics. Im guessing that the officer lowered it to 128 because it was my first. The highway traffic act is part of the traffic legislation of the province of ontario, canada. Second, the physical act of charging you is covered under the provincial offences act. Careless driving is one of the most serious offences in the highway traffic act. Anyone travelling in excess of or over the posted maximum. It is a provincial offense, section 128 of highway traffic act. Cvor services traffic offence conviction code table. 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. 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. The fine for a simple speeding offence is calculated as follows under hta s.

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. Certain municipal bylaws respecting motor vehicles prohibited 90. 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. Ontario traffic ticket defence dui and criminal defence. A careless driving conviction will result in 6 demerit points as well as increases to your automobile insurance premiums. On the speeding ticket for the section contrary to. Speeding ticket help peterborough, toronto, ontario help legal. 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. 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. This document is not the official version of the act. The officer said i violated the highway traffic 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. The highway traffic act is amended by adding the following section. Bill 20, red light camera act, 1998 legislative assembly. Such people thereby nullify their chances of pursuing a civil action against the officer. Please note this document, prepared by the legislative counsel office, is an office consolidation of this act, current to december 2, 2015.