Laws regarding traffic signs

phil21
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Laws regarding traffic signs

by: phil21 on
Sat Dec 26, 2015 4:36 pm

I am struggling to find any information on what the laws are regarding traffic signs, specifically signs with posted speed limits. Any links would be extremely helpful !
Now to my story:
At the time of when my ticket was issued, the road recently finished construction for a roundabout and the signage for the first little while was a total mess. I posted a diagram in hopes of better illustrating the metrics.
The road is generally an 80km/h zone(red line). Approaching the roundabout heading south, there is a sign with a posted 60km/h(blue line). After the roundabout, there were zero traffic signs to show what speed the zone was(green line). This stretch of the green line was previously an 80km zone before roundabout construction. After construction and at the time of my ticket, this stretch of green line had absolutely no traffic signs depicting speed limit. However after a week or two of my ticket being issued, there was a sign put up that was not there previously indicating the zone is 60km.

I understand that speeding is an absolute liability offense and I was speeding without a doubt. My ticket said "Speeding in a posted 60km/h zone". But the facts are that the zone was not a posted 60km as no traffic signs were present at the time of my ticket; they were put up AFTER my ticket. The traffic signs going north were not congruent with the traffic signs going south in this area.
Essentially, I am looking for information or any knowledge on the laws regarding traffic signs and where they must be posted.
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Speeding ticket.jpg
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Stanton
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by: Stanton on
Sat Dec 26, 2015 5:56 pm

The Highway Traffic Act has a regulation that spells out the requirements for signs. It can be found here: https://www.canlii.org/en/on/laws/regu/ ... g-615.html

Probably the most relevant part to your situation would be section 2 which states the following:
2. (1) Subject to section 4, where a maximum rate of speed other than that prescribed by subsection 128 (1) of the Act is prescribed for a highway in a local municipality or built-up area, speed limit signs shall be erected on the highway, in each direction of travel,
(a) not more than 600 metres apart where the speed limit prescribed is 60 kilometres per hour or less; and


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by: Decatur on
Sat Dec 26, 2015 7:41 pm

If you read section 128 of the Highway Traffic Act, you'll see that the statutory limit for that area would be 80 km/h. Signs dont need to be posted at all unless the speed conflicts with that limit.
First of all, what type of sign was the 60 km/h sign? White or just an advisory sign?
If it was an official maximum speed sign, then that speed is the limit and because it's a maximum rate other than prescribed rate, only then would the 600m posting be required.
You may have to look at the officers evidence to determine if you were within that 600 m


phil21
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by: phil21 on
Sun Dec 27, 2015 12:58 am

thank you for the help so far !
the sign was white and appeared before the roundabout
I measured the distance using google maps and from the roundabout to where the cop would have saw me is 916m
if you refer to my diagram, I was dinged going 93 in a 60 at the location of the yellow star. I was under the impression that after the roundabout it went back to an 80 zone


edit: other useful information added


Stanton
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by: Stanton on
Sun Dec 27, 2015 11:08 am

They probably got your speed well before you passed them so you're going to want to request disclosure and see where and how exactly they measured your speed.


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