This is the actual charge - under sect 140 (2) I have been told it's a 3 demerit point infraction It happened a few months ago - no ticket was issued at the time yesterday a summons arrives indicating I am to appear in court in Toronto on Nov 19.. why a summons and not a ticket ? with the ticket I could plead not guilty and mail it back saving a court appearance.. I have never received a summons like this before Can I mail back the summons and plead not guilty? any advice on the charge itself? I did pass 2 cars stopped at the crosswalk but there were no lights or anything else to indicate this was a crosswalk other than the X on the pavement by which time it was too late to stop.. Thanks

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Passing Stopped Cars at a Crossover

by: keyser on

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hwybear
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Re: Passing Stopped Cars at a Crossover

that would not be the reason. Would be interviews of all witnesses. Would also wait to see the outcome of the injuries to the kid. This could be waiting for the child to be released from hospital and speaking to him at his residence. Then might take all the statements to the crown for the crown to decide which charge, if any should be laid.

Radar Identified wrote:

The kid must dismount and walk the bike through the crosswalk, which is probably why the officer did not charge you at the time. .

that would not be the reason.

Would be interviews of all witnesses. Would also wait to see the outcome of the injuries to the kid. This could be waiting for the child to be released from hospital and speaking to him at his residence. Then might take all the statements to the crown for the crown to decide which charge, if any should be laid.

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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Squishy
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Re: Passing Stopped Cars at a Crossover

Sign requirements: http://www.e-laws.gov.on.ca/html/regs/e ... _e.htm#BK5 Toronto by-laws are still messed up from consolidation, so you might want to ask your paralegal to look into whether that crossover is a proper crossover enacted by a by-law. I think the by-laws are still in several different documents, like Metropolitan Toronto By-law No. 108-86 and By-law No. 23506 of the former City of Scarborough. It would depend on which area you were in. Relevant HTA sections: - HTA 104 (2.1) ["all" bicycle riders to wear helmet (see regulation below)] - HTA 140 (1) [when a driver is required to yield to pedestrians in a crossover] - HTA 140 (2) [what to do when coming upon other vehicles stopped at a crossover] - HTA 140 (3) [no passing within 30 m of crossover] - HTA 140 (4) [no pedestrian shall walk into the path of a vehicle that simply cannot yield] - HTA 140 (5) [no municipal crossover is valid on streets with a limit in excess of 60 km/h] - HTA 140 (6) [no riding in crossover!] - Reg. 610 (3) and (4) [helmet requirements] - Reg. 610 (5) [age exemption for those over 18, not applicable in your case though]

Sign requirements: http://www.e-laws.gov.on.ca/html/regs/e ... _e.htm#BK5

Toronto by-laws are still messed up from consolidation, so you might want to ask your paralegal to look into whether that crossover is a proper crossover enacted by a by-law. I think the by-laws are still in several different documents, like Metropolitan Toronto By-law No. 108-86 and By-law No. 23506 of the former City of Scarborough. It would depend on which area you were in.

Relevant HTA sections:

- HTA 104 (2.1) ["all" bicycle riders to wear helmet (see regulation below)]

- HTA 140 (1) [when a driver is required to yield to pedestrians in a crossover]

- HTA 140 (2) [what to do when coming upon other vehicles stopped at a crossover]

- HTA 140 (3) [no passing within 30 m of crossover]

- HTA 140 (4) [no pedestrian shall walk into the path of a vehicle that simply cannot yield]

- HTA 140 (5) [no municipal crossover is valid on streets with a limit in excess of 60 km/h]

- HTA 140 (6) [no riding in crossover!]

- Reg. 610 (3) and (4) [helmet requirements]

- Reg. 610 (5) [age exemption for those over 18, not applicable in your case though]

keyser
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Re: Passing Stopped Cars at a Crossover

Thanks very much Squishy!!! very helpful

Thanks very much Squishy!!!

very helpful

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