Disobey Turn Sign - Does it need to be bilingual

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hwybear
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Disobey Turn Sign - Does it need to be bilingual

by: hwybear on
Fri Dec 10, 2010 10:01 am

Original post copied to proper area for "disobey signs"
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Neely2005 wrote:
Radar Identified wrote:One of the most frequent tickets we get asked about on this forum is "Disobey Sign" of some sort. In many parts of Ontario, if the sign is not bilingual, there is a possibility that it may be challenged as invalid. This is because of O.Reg 615 (which sets the standard for road signs) requiring bilingual signs in a designated bilingual area, which was initially backed up by the R. v Myers case. A bilingual sign is either pictogram-only, or if it lists specific times when the sign is in effect, it says, for example "MON - FRI" and also "LUN - VEN." While it may seem rather strange that Toronto (which has 1.4% of the population as French-speaking but substantially larger populations that speak Mandarin, Cantonese, Hindi, Urdu, Vietnamese, Arabic, Tagalog, Italian, Greek, Portuguese, Spanish, etc) requires French signs, it is an option. It is not, however, bulletproof. Myers was appealed and the defendant pled guilty, so no precedent was set. If you wish to use this defence, you must state that O.Reg 615 requires bilingual road signs, and even though the municipality itself may not have committed to providing French services, the province of Ontario clearly has. As such, the ticket affects your provincial driving record and demerit points, so it is logical that the sign should be bilingual. Will they accept it? Maybe, maybe not. If, however, the sign is on a PROVINCIAL highway (e.g. 401, hwy 3, etc), then the sign must be bilingual.

If you're wondering whether your city is a designated bilingual area, here is a list of the current designated bilingual areas, as of May 20, 2009:

City of Toronto
City of Mississauga
City of Brampton
City of Ottawa
City of Hamiton (does NOT include the areas of Waterdown, Ancaster, Flamborough or Dundas)
City of London
City of Windsor
City of Kingston
City of Greater Sudbury and the District of Sudbury
Regional Municipality of Niagara
District of Algoma
District of Cochrane
District of Nipissing
District of Timiskaming
Township of Ignace
Municipality of Callander
County of Stormont
County of Glengarry
County of Russell
County of Prescott
County of Simcoe (Town of Penetanguishene, and the townships of Tiny and Essa only)
County of Renfrew (Town of Pembroke, townships of Stafford and Westmeath only)
District of Thunder Bay (Geraldton, Beardmore, Longlac, Marathon, Manitouwadge, Nakina and Terrace Bay)
Essex County (Belle River, Tecumseh, Tilbury, Colchester North, Maidstone South, Sandwich West, Sandwich South, and Rochester only - but not Leamington, Amherstburg or Kingsville)

If your ticket for disobey sign was in one of those regions, bilingual defence could be applied if the sign was not bilingual. However, the following are some examples of places that are NOT designated bilingual areas:

Regional Municipality of York (Markham, Richmond Hill, Vaughan, Stouffville, Newmarket, Aurora, etc)

Regional Municipality of Durham (Oshawa, Whitby, Ajax, Pickering)
Regional Municipality of Halton (Oakville, Burlington, Halton Hills, Milton)
Regional Municipality of Kitchener-Waterloo
Oxford County
Dufferin County
City of Peterborough
City of Trenton
And so on.

Also, "STOP" signs are designated by Ontario Regulation 615, which outlines acceptable signage, as acceptable, even though they are in only one language. "STOP" signs cannot be challenged on the basis of not having "ARRET" also written on them, even in a designated bilingual area.
I received a Ticket this morning in Richmond Hill, Ontario for "Disobey Sign" contrary to HTA 182 (2) (I think that's what it says) for making a Right Turn at a Prohibited Time.

Also the officer didn't put my Unit # on the Ticket for my home address.

What are my chances of fighting this under this Bilingual Defence and/or the missing Unit #?

Thanks
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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hwybear
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by: hwybear on
Fri Dec 10, 2010 10:05 am

RadarIdentified wrote:However, the following are some examples of places that are NOT designated bilingual areas:
Regional Municipality of York (Markham, Richmond Hill, Vaughan, Stouffville, Newmarket, Aurora, etc)
Neely2005 wrote: What are my chances of fighting this under this Bilingual Defence
Richmond Hill is not designated a bilingual area
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


Neely2005
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by: Neely2005 on
Fri Dec 10, 2010 10:42 am

hwybear wrote:
RadarIdentified wrote:However, the following are some examples of places that are NOT designated bilingual areas:
Regional Municipality of York (Markham, Richmond Hill, Vaughan, Stouffville, Newmarket, Aurora, etc)
Neely2005 wrote: What are my chances of fighting this under this Bilingual Defence
Richmond Hill is not designated a bilingual area
Thanks. What about the Missing Unit # on the Ticket for my address?


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hwybear
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by: hwybear on
Fri Dec 10, 2010 4:28 pm

KEEP ON SAME THREAD - post moved from another topic
HB
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Neely2005 wrote:
Traffic Law wrote:You can request disclosure after you have filed your notice of intention to appear. As part of your disclosure request you should indicate next date for your court appearance (you may also wait until you receive a notice of trial and request it then).
How do you request disclosure? Do you just ask when you go to request a trial date? Or do you have to fill out some forms?
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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