In a case that you are speeding over 30km/h, cant see sign

MYOHTA
Newbie
Newbie
Posts: 23
Joined: Sat Jun 27, 2015 2:04 pm

In a case that you are speeding over 30km/h, cant see sign

by: MYOHTA on
Thu Sep 17, 2015 2:43 am

If you are going to a new place, and went into the road and see no sign, then suddenly after some kilometer of driving, cops pulll you over.

Is that a reason in court or even no sign visible during the distance you drove that you are still guilty ?

Im pretty sure many had this experience like this scenario.


ynotp
Sr. Member
Sr. Member
Posts: 549
Joined: Wed Mar 30, 2011 1:08 pm
Location: Ontario

Posting Awards

by: ynotp on
Thu Sep 17, 2015 9:13 am

Most signs need to be visible for 60 meters to support a conviction but in the case of speeding there are default speed limits in Ontario for highways 80 and urban areas 50. In the absence of a visible sign you are to follow the default speed limit.


jsherk
High Authority
High Authority
Posts: 1722
Joined: Thu Jul 26, 2012 1:18 pm

by: jsherk on
Thu Sep 17, 2015 3:31 pm

In Ontario the default speed is either 50km or 80km even with no signs. If there were no signs and they charged you for speeding in something other than "posted 50" or "posted 80" then you have chance at getting it dropped.
+++ This is not legal advice, only my opinion +++


MYOHTA
Newbie
Newbie
Posts: 23
Joined: Sat Jun 27, 2015 2:04 pm

by: MYOHTA on
Thu Sep 17, 2015 8:04 pm

Good to know the limit when no sign. However for many people or noob driver, they have no clue there is a default limit. I bet they wlill be charged without knowing it.

Also when you go to rural area, there are many "highway" or road that are just there to connect few town. It isnt easy to know if that's Highway or just normal road.


iFly55
Sr. Member
Sr. Member
Posts: 561
Joined: Mon Nov 29, 2010 7:08 pm

Posting Awards

by: iFly55 on
Fri Sep 18, 2015 12:30 am

http://www.ontario.ca/laws/statute/90h08
“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”)
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;
Colloquially when we think highway, we think of a grade separated controlled access freeway (ie. 401, QEW, DVP). That's not the way highway is defined in the highway traffic act.

Where 50km/hr and 80km/hr applies is also defined. If it's a rural area, then automatically the default speed limit is 80km/hr.

There are signs at city/town borders that clearly state default speed limits as well.

Toronto: https://goo.gl/maps/3xka1
Caledon: https://goo.gl/maps/ou2Lz


bend
Moderator
Moderator
Posts: 1182
Joined: Wed Sep 19, 2012 1:44 am

Posting Awards

Moderator

by: bend on
Fri Sep 18, 2015 2:41 am

MYOHTA wrote:Good to know the limit when no sign. However for many people or noob driver, they have no clue there is a default limit. I bet they wlill be charged without knowing it.
Even if you ignore the whole "ignorance is not a defense" argument, default speed limit is one of the first things you learn about driving before even getting behind a wheel. It's covered in the Drivers Handbook, it's a question on the G1 test (depending which version you get), and any legit driving school will beat the default limits into your head.


MYOHTA
Newbie
Newbie
Posts: 23
Joined: Sat Jun 27, 2015 2:04 pm

by: MYOHTA on
Fri Sep 18, 2015 10:51 am

bend wrote:
MYOHTA wrote:Good to know the limit when no sign. However for many people or noob driver, they have no clue there is a default limit. I bet they wlill be charged without knowing it.
Even if you ignore the whole "ignorance is not a defense" argument, default speed limit is one of the first things you learn about driving before even getting behind a wheel. It's covered in the Drivers Handbook, it's a question on the G1 test (depending which version you get), and any legit driving school will beat the default limits into your head.
I know, but pretty sure tons of people dont remember that anymore. So I brought it up. :)


Post Reply
  • Similar Topics

Return to “Exceeding the speed limit by 16 to 29 km/h”

Who is online

Users browsing this forum: No registered users and 3 guests