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Ontario Highway Traffic Act

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Should I fight this HTA 182(2) ticket.
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PostPosted: Tue Jul 24, 2012 9:09 pm 
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Joined: Tue Jul 24, 2012 8:46 pm
Posts: 1
I was stopped today for failing to obey "no left turn" temporary sign in a construction zone. I have driven through this construction zone just a few days ago and the sign was not there. It seems they erected the sign only recently.

The official explanation by the officer was to "prevent traffic backing up due to lane closures". However, the sign is placed lower than the traffic cones, and too far into the intersection (right about middle of the intersecting road).

Image

If you are expected to act on a sign, should it not be visible and displayed before so that you can act on it?

I really could not see the sign while approaching the intersection. So, I signaled my left turn as I approached the intersection and of course shared my attention between the traffic lights and oncoming traffic. In the meantime, the light turned amber, the oncoming traffic stopped and I completed the turn never noting the sign. And of course there was a police car waiting in the Tim Horton's parking lot just for this purpose :D.

So, my question is do I have enough grounds to fight this ticket based on the location and height of the sign, the fact that it is partially obscured by the traffic cones and cars ahead. The bottom of the sign is less than 90 cm off the pavement. This is an up close wide angle shot of the sign with 36'' wooden ruler leaning against it.

Image

Are these photos (I have RAW images that I can burn to CD) admissible evidence in a court? Also are there any regulations regarding how high off the ground the bottom and top of the "no left turn" signs have to be?

Any advice appreciated.


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Re: Should I fight this HTA 182(2) ticket.
PostPosted: Tue Jul 24, 2012 9:49 pm 
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Joined: Mon Nov 29, 2010 8:08 pm
Posts: 550
i would highly suggest that you retake these pictures with a proper time-stamp, they might otherwise be inadmissible in court; i would also suggest including a street-sign in the background, just so that it doesn't appear you took a picture of a random intersection with pylons and a 'No Left Turn' sign

i would contact the city and find out if there are any by-laws that backup the 'No Left Turn' sign, if not... the sign would be invalid

the HTA doesn't seem to have a prescribed height standard for 'No Left Turn' signs as it does for 'Speed Limits', 'Yield', 'Stop Signs',...; HOWEVER, under the General section it seems that 'No Left Turn' signs - S. 21 (4) must be visible for atleast 60 metres; so I would maybe take pictures from 60 metres out, and see if it's visible from that distance (keeping in mind the height of your eye when you're seated in a car)

Signs: http://www.e-laws.gov.on.ca/html/regs/e ... 0615_e.htm

45. A sign prescribed by this Regulation, other than a sign prescribed by section 13, 14, 15, 24, 25, 26 or 27, shall be so placed as to be visible at all times for a distance of at least 60 metres to the traffic approaching the sign. O. Reg. 175/08, s. 15

46. No person, other than a municipal corporation or other authority having jurisdiction over a highway, shall erect or maintain a sign prescribed by the Act and regulations. R.R.O. 1990, Reg. 615, s. 46.


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