Traffic Archives -

Ontario Cracking Down

Admin — Tue, 10 Oct 2017 03:09:11 +0000

Road Safety or Revenue Tools, you decide!

Ontario Cracking Down on Careless and Distracted Driving with Tough New Penalties

Province Taking Action to Keep Pedestrians, Cyclists and Drivers Safe

September 20, 2017 9:00 A.M.

Ontario plans to crack down on careless and distracted driving with tough new rules and penalties that would help improve road safety and keep the most vulnerable road users – including pedestrians and cyclists – safe.

Minister of Transportation Steven Del Duca and Minister of Tourism, Culture and Sport Eleanor McMahon, were in Toronto today to announce the tough new road-safety measures. They were joined by Han Dong, MPP for Trinity-Spadina.

The province plans to introduce new legislation this fall that, if passed, would help protect pedestrians and cyclists and reduce the number of people killed or injured by impaired, distracted and dangerous drivers. The proposed measures include:

A new offence for careless driving causing death or bodily harm with penalties that include fines, licence suspension and imprisonment
Tougher penalties for distracted driving, such as using a cellphone while operating a vehicle, including higher fines, more demerit points, and license suspensions
Increased penalties for drivers who fail to yield for pedestrians and escalating fines for drivers who are convicted of multiple pedestrian-related offences within a five-year window
Expanding the use of rear flashing blue lights for enforcement and emergency vehicles.

In addition, the province is consulting on the use of cameras on school buses that capture the offence of illegally passing a school bus, so that this evidence can be admitted into court without a witness.

For 16 years in a row, Ontario’s roads have been ranked either first or second safest in North America, but more can still be done. These strong measures add to recently-announced tough new penalties for those who drive under the influence of drugs, including cannabis.

Keeping Ontario’s roads safe is part of our plan to create jobs, grow our economy and help people in their everyday lives.

Quick Facts

On average, one person is killed on Ontario’s roads every 17 hours. In 2014, pedestrians and cyclists made up approximately 25 per cent of Ontario’s road fatalities.
While drunk driving remains in the top-five killers on Ontario’s roads, the province’s most recent roadside survey found that drivers who tested positive for drugs were more than twice the number who tested positive for alcohol.
The proposed legislation builds on existing measures Ontario has introduced to improve road safety including tougher impaired, distracted and street racing laws.
In May Ontario passed legislation to protect the most vulnerable such as pedestrians and cyclists, by giving municipalities more tools to address speeding. These tools include the ability to set reduced default speed limits and use automated speed-enforcement systems on roads with speed limits below 80 km/h that are designated as community safety zones or in school zones.
In June 2015, Ontario passed legislation to toughen penalties for offences such as distracted driving.
The Ministry of Transportation hosted a road safety symposium in June with municipalities and many road safety partners to discuss a broad range of road safety concerns that helped shape the government’s proposed actions to help to save lives on Ontario’s roads.

I have to ask, if Ontario roads are safer why the need for more laws and increased penalties, it would seem the message is getting across. Or is it Kathleen Wynn’s favorite tool, “revenue tools”. At any rate you are not likely, in the near future, to see a reduction in penalties or laws, so it follows, it is in your best interest to seek out the best representation out there to protect your interests.

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Speeding Tickets

Admin — Sat, 07 Oct 2017 00:16:19 +0000

Speeding tickets are very common in Ontario, they make up the bulk of all traffic offences. Speeding is what is termed an absolute liability offence, which means, once the charge is proven beyond a reasonable doubt there is no defence.

Speeding under the Highway Traffic Act carries demerit points ranging from 0 points up to 6 points on any single charge broken down this way:

1-15 km over the posted limit is zero points.
16-29 km over the posted limit is three points.
30-49 km over the posted limit is four points.
50+ km over the posted limit is six points.

Fines are imposed at different amounts relative to the list above.

Speeding falls under section 128 of the Highway Traffic Act and is stated here:

Rate of speed

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 built-up area;

(b) despite clause (a), 80 kilometres per hour on a highway, not within a built-up area, that is within a local municipality that had the status of a township on December 31, 2002 and, but for the enactment of the Municipal Act, 2001, would have had the status of a township on January 1, 2003, if the municipality is prescribed by regulation;

(c) 80 kilometres per hour on a highway designated by the Lieutenant Governor in Council as a controlled-access highway under the Public Transportation and Highway Improvement Act, whether or not the highway is within a local municipality or built-up area;

(d) the rate of speed prescribed for motor vehicles on a highway in accordance with subsection (2), (5), (6), (6.1) or (7);

(e) the maximum rate of speed set under subsection (10) and posted in a construction zone designated under subsection (8) or (8.1); or

(f) the maximum rate of speed posted on a highway or portion of a highway pursuant to section 128.0.1. 2005, c. 26, Sched. A, s. 17 (1); 2006, c. 11, Sched. B, s. 6 (2); 2006, c. 32, Sched. D, s. 4 (1).

So generally it says the speed limit on a highway is 50 km/h in a built-up area or municipality and the speed limit on a highway is 80 km/h otherwise or as posted. A-C apply where there is no posted speed limit.

What also must be taken into consideration is the definition of “Highway” in the Highway Traffic Act:

“highway” includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof; (“voie publique”)

Recent case law has determined that even a parking lot falls within this definition.

Now just because speeding has been deemed an “absolute liability offence” doesn’t mean there is no way to fight your speeding ticket.

Legaleze Paralegal has been fighting speeding tickets for years and has the experience to effectively fight these charges.

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Hand-held Communication Device

Admin — Thu, 05 Oct 2017 19:48:21 +0000

Update: Hand-held Communication Device

One of the most common charges we see nowadays is Hand-held Communication Device charges or Cell Phone Ticket. The government is taking a hard-line on the use of cell phones while driving. The courts are doing the same. So it follows that your insurance company will use it to their advantage too.

UPDATE: New Fines and Penalties including 3 Day Licence Suspension Upon Conviction Effective January 1 2019
Note:
On January 1, 2019, the day named by proclamation of the Lieutenant Governor, subsection 78.1 (6.1) of the Act is repealed and the following substituted: (See: 2017, c. 26, Sched. 4, s. 16)

Penalty

(6.1) Every person who contravenes this section is guilty of an offence and on conviction is liable,
(a) for a first offence, to a fine of not less than $500 and not more than $1,000;
(b) for a first subsequent offence, to a fine of not less than $500 and not more than $2,000; and
(c) for a second subsequent or an additional subsequent offence, to a fine of not less than $500 and not more than $3,000. 2017, c. 26, Sched. 4, s. 16.

Same

(6.2) If a person is convicted of an offence under this section, the Registrar shall suspend his or her driver’s licence,
(a) for a first offence, for three days;
(b) for a first subsequent offence, for seven days; and
(c) for a second subsequent or an additional subsequent offence, for 30 days. 2017, c. 26, Sched. 4, s. 16.

Same

(6.3) An offence under this section committed more than five years after a previous conviction for an offence under this section is not a subsequent offence for the purposes of subsection (6.1) or (6.2). 2017, c. 26, Sched. 4, s. 16.

As of today the Highway Traffic Act states:

Hand-held devices prohibited
Wireless communication devices

78.1 (1) No person shall drive a motor vehicle on a highway while holding or using a hand-held wireless communication device or other prescribed device that is capable of receiving or transmitting telephone communications, electronic data, mail or text messages. 2009, c. 4, s. 2; 2015, c. 27, Sched. 7, s. 18.

This is the meat and potatoes of the legislation, there are 2 parts to this charge, “holding or using”. “OR” is the operative word here. Most people believe they must have been using the phone for the charge to stick, that is wrong. Most of the time the officer will say you were holding the phone and that will be enough for him or her to lay the charge, and generally enough for the Justice of the Peace to convict.

Entertainment devices

(2) No person shall drive a motor vehicle on a highway while holding or using a hand-held electronic entertainment device or other prescribed device the primary use of which is unrelated to the safe operation of the motor vehicle. 2009, c. 4, s. 2.

This is the second part and much less common but the same applies as above.

Hands-free mode allowed

(3) Despite subsections (1) and (2), a person may drive a motor vehicle on a highway while using a device described in those subsections in hands-free mode. 2009, c. 4, s. 2.

You may use a Cell Phone in hands free mode such as Bluetooth but you still cannot be holding it.

So best practice is not to use your phone or device while driving at all! Second is to use Bluetooth or something similar if you must.

Third and probably most important is keep your mouth shut when the officer does stop you. The more you talk the more likely you are to convict yourself. Officers keep notes but they are selective. If the Officer has stopped you he has already determined he is going to write you a cell phone ticket. It is extremely unlikely you will be able to talk your way out of it.

If this happens to you your best advise is to stay quiet and polite, yes and no answers, then call us, we handle these charges everyday!

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