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

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

Unread post by MYOHTA on

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
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Unread post by ynotp on

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
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Unread post by jsherk on

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
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Unread post by MYOHTA on

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
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Unread post by iFly55 on

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
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Unread post by bend on

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
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Unread post by MYOHTA on

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. :)






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