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.