I was backing up in my driveway and struck a pedestrian on the sidewalk that intersects my driveway. The pedestrian must have stopped walking in my blindspot and then started again just as I began backing up - I never saw her. I received a ticket for fail to yield to pedestrian HTA 140 (1) (a). There were minor injuries to the pedestrian. My question: Is my driveway considered a roadway under the HTA? Should I have been charged under the HTA? I believe that a city bylaw covers sidewalks that intersects private driveways but I wasn't charged under the bylaw.
I was backing up in my driveway and struck a pedestrian on the sidewalk that intersects my driveway. The pedestrian must have stopped walking in my blindspot and then started again just as I began backing up - I never saw her. I received a ticket for fail to yield to pedestrian HTA 140 (1) (a). There were minor injuries to the pedestrian.
My question: Is my driveway considered a roadway under the HTA? Should I have been charged under the HTA?
I believe that a city bylaw covers sidewalks that intersects private driveways but I wasn't charged under the bylaw.
Under HTA definitions, the sidewalk would be considered part of the highway, not the roadway. While you certainly can be charged under the HTA for your accident, I don't think you were charged under the correct section. If that's the case, the Crown may withdraw the charge. Hopefully someone else can confirm.
Under HTA definitions, the sidewalk would be considered part of the highway, not the roadway. While you certainly can be charged under the HTA for your accident, I don't think you were charged under the correct section. If that's the case, the Crown may withdraw the charge. Hopefully someone else can confirm.
Well figure this out for a By-Law that is nonsensical You cannot park on your own property unless it is a driveway !!!!!!! this is the most pathetic piece of so called legislation I have heard (well there are several to be honest).... so basically they can say and do whatever they please in regard to your own land.... They may have used the wrong ```law```but I expect they will twist it and say it was the road ...hard to get logic and facts to be presented these days without video and pics which they are fast trying to stop us using....sad times
Well figure this out for a By-Law that is nonsensical
You cannot park on your own property unless it is a driveway !!!!!!! this is the most pathetic piece of so called legislation I have heard (well there are several to be honest).... so basically they can say and do whatever they please in regard to your own land.... They may have used the wrong ```law```but I expect they will twist it and say it was the road ...hard to get logic and facts to be presented these days without video and pics which they are fast trying to stop us using....sad times
Charge was withdrawn today. Seems the private driveway and sidewalk are not part of the highway or roadway as the constable thought. Charges under the HTA were incorrect and it should have been the city bylaw but of course city bylaw infractions are not as sexy as HTA violations. If they would stick to the law instead of trying to make a charge fit the offence I think we'd all be better off.
Charge was withdrawn today. Seems the private driveway and sidewalk are not part of the highway or roadway as the constable thought. Charges under the HTA were incorrect and it should have been the city bylaw but of course city bylaw infractions are not as sexy as HTA violations. If they would stick to the law instead of trying to make a charge fit the offence I think we'd all be better off.
well the officer is correct as the sidewalk is part of the "lateral property lines" that the municipality owns defined in the HTA, however what caused the glitch or "lucky for you" was that a "pedestrian crossover" definition is not applicable for sidewalks parallel to the road. The "pedestrian crossover" must "cross" the roadway. thanks for the update for all the members, good job!
syntst wrote:
Seems the private driveway and sidewalk are not part of the highway or roadway as the constable thought..
well the officer is correct as the sidewalk is part of the "lateral property lines" that the municipality owns defined in the HTA, however what caused the glitch or "lucky for you" was that a "pedestrian crossover" definition is not applicable for sidewalks parallel to the road. The "pedestrian crossover" must "cross" the roadway.
thanks for the update for all the members, good job!
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
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I really need help on fighting my 9 tickets i received from one police officer. Here is some background of what happened!
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Hey question that I think here's probably the best place to get the answer:
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I was passing a vehicle that was going slow for me and there was an oncoming vehicle coming at me. I speed up to get around the person I was passing and the oncoming vehicle turns out to be a cop who turns around and tickets me for going 110km in a 80km zone. How does it work with passing a vehicle? Once I passed the vehicle I went back down to my original speed of just under 100. The officer…
I picked up a brand new (old stock) Fuzzbuster a while ago at auction (wopping $5!!) and I want to mount it on the dash of my old GTO as a cool accessory when I show it at car shows. But I'm not sure if it's legal or not.
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Hi guys, I'm still a little in shock of getting my first traffic ticket...
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Received a notice from the police that a motion is being put forward to adjourn upcoming trial date. Notice indicates that an officer has sworn an affidavit that the crucial witness cannot attend date trial is set for (we know there is a social engagement at 7:30 pm for the witness, trial time is 1:30 pm). This further delay is a big problem to my daughter's case. She is moving away to…
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I'm less than a month away (test on April 6th) from getting my full G license, and got a speeding ticket recently. The ticket was for 49km/h over the posted limit of 100km/h on the 403 in Oakville/Halton region, but was reduced from the initial ~60km/h over.
