I was charged on Federal property (CFB) for driving while suspended. The charge is admitted, so not looking for a defence but rather into the possible penalty.
I was charged under the Government Property Traffic Regulation s.6(1) which reads;
"6. (1) Except as provided in subsections (2) and (3), no person shall operate a vehicle on a highway otherwise than in accordance with the laws of the province and the municipality in which the highway is situated."
So it reads GPTR 6(1) to wit HTA 53(1), drive while suspended. So I am charged for the HTA violation of drive while suspended under the GPTR. Please correct me if wrong and add any information you can, it would be very greatly appreciated.
I believe the elements of the offence are what is described in the HTA; buth since the GPTR is its own legislation along with a penalty section that the penalty imposed comes from the GPTR. This comes from Section 21 which directly reference the offence of section 6 above.
"21. Every person who contravenes any provision of these Regulations, or operates a vehicle on a highway in contravention of a provision of any applicable provincial or municipal law referred to in section 5 or 6, is liable on summary conviction to a fine not exceeding $500 or to a term of imprisonment not exceeding six months, or to both."
So I am right to assume that my maximum fine is the $500 as indicated in the GPTR rather than the HTA fine? And more importantly since the 6 month suspension comes from HTA s. 53(3) and not provided for within the GPTR I am excluded from this suspension?
"(3) The driverÃƒÂ¢Ã‚â‚¬Ã‚â„¢s licence of a person who is convicted of an offence under subsection (1) or (1.1) is thereupon suspended for a period of six months in addition to any other period for which the licence is suspended, and consecutively thereto. R.S.O. 1990, c. H.8, s. 53 (3); 1998, c. 5, s. 25 (2)."
Sorry for the long post, all comments and information are greatly appreciated.
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