Ontario Highway Traffic Act

Discuss the Ontario Highway Traffic Act.


Post Your Traffic Ticket, and Get Help!


The Ontario Traffic Ticket Forum!

       
    

All times are UTC - 5 hours [ DST ]




Post new topic Reply to topic  [ 19 posts ]  Go to page 1, 2  Next
  Print view

Failure to stop for a school bus
Author Message
PostPosted: Sat May 08, 2010 1:23 am 
Offline
Newbie

Joined: Sat May 08, 2010 1:17 am
Posts: 9
I was out on a four lane highway around Orangeville Ontario and I noticed a school bus coming south (I was going north). I kept my eyes on the bus in case it was going to stop. As I approached it, it was slowing down a little, but no lights, and especially no arm with the STOP sign. As I was just about to pass the bus, I still did not see the lights, nor did I see the STOP sign.

Next thing I know the cop comes out of nowhere and pulls myself and two other people over. He accuses me of going through a stopped bus. I was pretty outraged but kept quiet about it.

I'm definitely appealing this. But I haven't seen another case like mine on here and I'm wondering if anyone has any tips and any idea if I have a chance on this one? It's basically my word against his.


Top
 Profile  
 
PostPosted: Sat May 08, 2010 7:34 am 
Offline
Moderator
User avatar

Joined: Tue Apr 22, 2008 7:21 am
Posts: 2883
Location: In YOUR rearview mirror!
the "stop arm" does not have to be working for this to be an offence.

Here is the section for the offence:
HTA 175 (11) Every driver meeting on a highway, other than a highway with a median strip, a stopped school bus that has its overhead red signal-lights flashing, shall stop before reaching the bus and shall not proceed until the bus moves or the overhead red signal-lights have stopped flashing

_________________
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


Top
 Profile  
 
PostPosted: Sat May 08, 2010 9:36 am 
Offline
Newbie

Joined: Sat May 08, 2010 1:17 am
Posts: 9
I never saw the lights. I was watching for those too. I stopped looking when I was basically right next to the bus. All I saw was the bus slowing down. All I know is this one would be a killer to insurance so I will be fighting this one.


Top
 Profile  
 
PostPosted: Sat May 08, 2010 3:11 pm 
Offline
Jr. Member

Joined: Tue Feb 02, 2010 9:47 pm
Posts: 37
My mom was a bus driver and I helped her out a few times as a kid. Usually when a driver blows through the red lights and it's a public school bus then they'll get a bus patroller or someone to write the plate number down so it can be reported.

If you're desperate for evidence and it happened recently then you can try to get a hold of the company dispatcher and have them ask the driver if anyone has broken that law recently.

That's a far stretch though just to warn you.


Top
 Profile  
 
PostPosted: Sat May 08, 2010 4:28 pm 
Offline
Newbie

Joined: Sat May 08, 2010 1:17 am
Posts: 9
Unfortunately the Officer was right there so he's the one who made the call.


Top
 Profile  
 
PostPosted: Wed May 12, 2010 3:00 pm 
Offline
Member
User avatar

Joined: Thu Sep 25, 2008 5:28 pm
Posts: 162
Location: Mississauga
Quote:
I'm definitely appealing this. But I haven't seen another case like mine on here and I'm wondering if anyone has any tips and any idea if I have a chance on this one? It's basically my word against his.


Thats all you need. Get professional help.


Top
 Profile  
 
PostPosted: Sat Aug 28, 2010 1:13 am 
Offline
Newbie

Joined: Sat May 08, 2010 1:17 am
Posts: 9
So I had my first appearance today. It was real quick, they told me that they can't reduce the charge, only the fine amount. That's obviously not good enough for me, I need this charge dropped. This is my first ever offense (seriously, ever, I've been driving for 10 years), and I have a few questions and would seriously appreciate some answers:

1) If convicted, how bad of an insurance hike would I be looking at? I only pay about $1,600 a year right now.

2) I'm guessing there's no risk of anything other than the $490 fine and 6 demerit points if convicted, right?

3) I'm a little worried of them using video. While I am sure that I did nothing wrong and when I passed the bus, the lights weren't on yet, are they allowed to tape me (either the bus or police) without me knowing about it? Seems like a privacy violation right there.

4) I am getting a paralegal, no questions asked. So I don't think I need to touch this one?

Thanks!


Top
 Profile  
 
PostPosted: Sat Aug 28, 2010 8:17 pm 
Offline
VIP
User avatar

Joined: Fri Apr 30, 2010 10:20 am
Posts: 1063
Improper passing of a school bus is considered a major violation by the Insurance Bureau of Canada. Because of the complexity of calculating insurance premiums, no one but your insurance company can tell you how a conviction will affect your rates. However improper passing of a school bus is in the same category with failing to report an accident and driving without insurance, so the increase will probably be big.

Also, there is nothing wrong with anybody video taping you without your knowledge in this situation.

_________________
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


Top
 Profile  
 
PostPosted: Sun Aug 29, 2010 6:39 pm 
Offline
Moderator
User avatar

Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2673
Location: Toronto
Simon Borys wrote:
Also, there is nothing wrong with anybody video taping you without your knowledge in this situation.


+1

You're in a public place. It is reasonable to think that you may be videotaped or photographed at some point, with or without your knowledge. Happens every time you walk into a bank, gas station, grocery store, airport, or even drive through certain intersections.

Simon Borys wrote:
so the increase will probably be big.


Some insurance companies will terminate your coverage for this particular offence. Although there is no technical link between demerit points and insurance per se... any 6-point or 7-point offence is a big risk for cancellation of coverage.

_________________
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


Top
 Profile  
 
PostPosted: Tue Aug 31, 2010 10:27 am 
Offline
Jr. Member
User avatar

Joined: Fri Jan 29, 2010 2:05 pm
Posts: 94
hwybear wrote:
the "stop arm" does not have to be working for this to be an offence.

Here is the section for the offence:
HTA 175 (11) Every driver meeting on a highway, other than a highway with a median strip, a stopped school bus that has its overhead red signal-lights flashing, shall stop before reaching the bus and shall not proceed until the bus moves or the overhead red signal-lights have stopped flashing


Just a question on this.... on a hwy where the speed limit is 80 kmh and a bus is about to make a stop they activate their overhead lights and slow down. Now if a guy is coming towards the bus he would have to stop awful fast to not pass a bus he is oncoming towards at those speeds. I find that bus drivers activate their lights too soon (in this case as they start to slow down, so still doing 70kmh) I assume they do this so the vehicles behind them wont try to pass them . But what are the obligations of oncoming drivers in this situation?


Top
 Profile  
 
PostPosted: Tue Aug 31, 2010 9:10 pm 
Offline
Sr. Member

Joined: Mon Oct 20, 2008 11:31 pm
Posts: 468
hey

I have seen them turn on them early too.

I think they are on a schedule and need to save time.

If anyone looked at a school bus driver's manual
I think it will say that the bus must stop before activating lights.Ask for schoolbus driver, the cop's and the kids' on it (the bus) discloser.

Maybe the manual for school buses?(or bring it)

You will get off.

Cheers
Stripe

_________________
"hang onto your chair when reading my posts
use at your own risk"


Top
 Profile  
 
PostPosted: Sun Oct 17, 2010 1:54 pm 
Offline
Newbie

Joined: Sat May 08, 2010 1:17 am
Posts: 9
I appreciate everyone's replies so far, it's been great. But I got my court date and it's time to hire someone. I'm going with either POINTTS or X-Copper. Does anyone have a recommendation?

And from my understanding, I need to be sure to get a former police officer to represent me?


Top
 Profile  
 
PostPosted: Mon Oct 18, 2010 12:36 pm 
Offline
Moderator
User avatar

Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2673
Location: Toronto
KGBP12 wrote:
I need to be sure to get a former police officer to represent me?


Does not have to be a former police officer. Just make sure that it is a licenced paralegal (Law Society of Upper Canada).

_________________
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


Top
 Profile  
 
Re: Failure to stop for a school bus
PostPosted: Wed Aug 17, 2011 10:54 pm 
Offline
Newbie

Joined: Sat May 08, 2010 1:17 am
Posts: 9
Finally ended this today. There were too many trials today so they offered me failure to stop for a stop sign. I said whatever, they let it go to that. Had to pay the same fine but I'm feeling pretty good.


Top
 Profile  
 
Re: Failure to stop for a school bus
PostPosted: Fri Aug 26, 2011 4:50 pm 
Offline
Newbie

Joined: Thu Nov 25, 2010 4:40 pm
Posts: 2
At least you got something. Just came from court too, the prosecution didn't even offer anything and on top of that they increased the fine :evil: . Was pretty much convicted before I even started. Its ridiculous how they are able to get away with this. For anybody that is also going through this fight as much as you can, the cop and judge will have to mess up sometimes so at least some of us wont get screwed.


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 19 posts ]  Go to page 1, 2  Next

All times are UTC - 5 hours [ DST ]


Related topics
 Topics   Author   Replies   Views   Last post 
There are no new unread posts for this topic. Failure to stop for a school bus

guideman

4

2166

Thu Aug 06, 2009 11:16 pm

Plenderzoosh View the latest post

There are no new unread posts for this topic. Failure to stop for a school bus

watches

2

2388

Thu Aug 19, 2010 11:45 am

watches View the latest post

There are no new unread posts for this topic. Failure to stop for a school bus

SwimGirl

6

1217

Mon Jun 27, 2011 11:03 pm

Radar Identified View the latest post

There are no new unread posts for this topic. Nabbed wrong car for FAILURE TO STOP FOR SCHOOL BUS!!!!!

Vinny

1

790

Tue Jun 05, 2012 3:14 pm

Stanton View the latest post

There are no new unread posts for this topic. Failing to stop for school bus in school bus in loading zone

ianrush16

2

1214

Sat Oct 19, 2013 12:40 am

ianrush16 View the latest post

 


Who is online

Users browsing this forum: No registered users and 0 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to: