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Does the Highway traffic act apply to OPP ?
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PostPosted: Thu Jan 28, 2016 12:51 pm 
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My understanding is that the Highway Traffic act applies to all licensed vehicle using the highways including the police. I believe they have some exemptions such as in case on emergency situations. Does anyone know where this is stated in the act?
I have a case where the officer was monitoring a 4 way stop intersection and he was parked facing oncoming traffic . I believe anyone parked in this position would be an offence under the act. It's a requirement to be parked on the right side of the highway parallel to the edge of the roadway.
So what I am trying to determine if the police are subject to the same rules and regulations as private citezens and where this is found in the act?


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Re: Does the Highway traffic act apply to OPP ?
PostPosted: Thu Jan 28, 2016 1:56 pm 
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Parking would be a violation of a bylaw, not the HTA. Most municipalities also have exemptions for police under the bylaws. You'll have to check the parking bylaw for the municipality where this occurred.


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Re: Does the Highway traffic act apply to OPP ?
PostPosted: Thu Jan 28, 2016 2:14 pm 
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Unfortunately our system has different rules for different people.

If you have proof (video is best) of an officer breaking the law in some way that there is no exemption for, then you either need to find another police officer or bylaw officer that is willing to lay the charge (good luck with that), or meet with a Judge/JP and lay private charges.

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Re: Does the Highway traffic act apply to OPP ?
PostPosted: Thu Jan 28, 2016 4:58 pm 
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More importantly, how he was parked does not affect the outcome of any stop-sign charges he laid that day.

I recently had a similar discussion, where someone advised me the officer was parked in front of a fire hydrant while doing speed enforcement. Cool story bro?


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Re: Does the Highway traffic act apply to OPP ?
PostPosted: Thu Jan 28, 2016 8:44 pm 
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There is no provision to lay a private information for HTA and by-law stuff. I is only for criminal offenses.


Police are exempt while in the course of their duties. Therefore doing stop sign enforcement is in the course of their duties.

ops


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