HTA 144(18)

Charmed0102
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HTA 144(18)

by: Charmed0102 on
Tue May 05, 2015 7:33 pm

Hi,

I'm looking for some advice on a recent ticket I received today.

I approached a red light, slowed down, stopped, checked oncoming traffic and proceeded to make my right hand turn. I'm not sure where the police officer was. He had to pass another vehicle before proceeding to pull me over. He said I didn't stop for the red light and proceeded to give me a charge for "Red Light-Fail to Stop".

After I was given the ticket I went back to make sure there is no sign that indicates no right hand turns on a red light...there wasn't.

Any advice you have would be helpful.

Also does anyone know if there is a time limit to being considered stopped?

Thank you.


iFly55
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by: iFly55 on
Tue May 05, 2015 8:24 pm

You were not charged for making the turn contrary to a prohibited turn sign. You were charged for failing to come to a complete stop before making the red light right turn.

http://www.ontario.ca/laws/statute/90h0 ... [quote]Red light
(18) Every driver approaching a traffic control signal showing a circular red indication and facing the indication shall stop his or her vehicle and shall not proceed until a green indication is shown. R.S.O. 1990, c. H.8, s. 144 (18).[/quote]There is no time limit for being stopped, as long as your wheels stop spinning that is enough. More importantly is where you stopped.
Where to stop – intersection
(5) A driver who is directed by a traffic control signal erected at an intersection to stop his or her vehicle shall stop,
(a) at the sign or roadway marking indicating where the stop is to be made;
(b) if there is no sign or marking, immediately before entering the nearest crosswalk; or
(c) if there is no sign, marking or crosswalk, immediately before entering the intersection. R.S.O. 1990, c. H.8, s. 144 (5); 2006, c. 19, Sched. T, s. 6 (1).
So if there is a white stop line at your intersection, you have to come to a complete stop before that line. If none exists, then before the cross walk; if either don't exist then before the edge of the intersection.

It's something that unfortunately the vast majority of drivers are guilty of doing, most don't stop for red light right turns and the ones that do stop... stop at the wrong place so they're still guilty of running the red light.

I recommend filing the ticket for trial, once you receive the 'Notice of Trial'; you can request disclosure, officer's notes.

Sample disclosure form: http://www.ontariohighwaytrafficact.com/topic2959.html

Review the officer's notes and go from there. You'll have a better understanding of why he charged you with that offence.


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