Hello experts – Have a question in regard to a ticket that was issued to one of my family members. Situation is that she was reversing from a private driveway and stuck a parked car. Police attended the scene as the damage to the other car was quite significant. The police officer took a report of the damage and issued a ticket under s.139 of the Highway Traffic Act. In reviewing the case, I dont believe that the officer issued the correct charge, however Im not sure if I am reading the section properly. S.139 states that drivers must yield to "all traffic approaching on the highway" when reversing from a private road or driveway. Would a parked car count as "all traffic approaching"? I question this as the car was parked and not "approaching". Id suspect careless driving would be the correct charge however Im looking to confirm prior to her submitting a request for a trial. Thanks in advance for any help you may provide. Right of way on entering highway from private road 139. (1) Every driver or street car operator entering a highway from a private road or driveway shall yield the right of way to all traffic approaching on the highway so closely that to enter would constitute an immediate hazard. R.S.O. 1990, c. H.8, s. 139 (1).
Hello experts –
Have a question in regard to a ticket that was issued to one of my family members. Situation is that she was reversing from a private driveway and stuck a parked car. Police attended the scene as the damage to the other car was quite significant. The police officer took a report of the damage and issued a ticket under s.139 of the Highway Traffic Act. In reviewing the case, I dont believe that the officer issued the correct charge, however Im not sure if I am reading the section properly.
S.139 states that drivers must yield to "all traffic approaching on the highway" when reversing from a private road or driveway. Would a parked car count as "all traffic approaching"? I question this as the car was parked and not "approaching".
Id suspect careless driving would be the correct charge however Im looking to confirm prior to her submitting a request for a trial.
Thanks in advance for any help you may provide.
Right of way on entering highway from private road
139. (1) Every driver or street car operator entering a highway from a private road or driveway shall yield the right of way to all traffic approaching on the highway so closely that to enter would constitute an immediate hazard. R.S.O. 1990, c. H.8, s. 139 (1).
Theres been some discussion on this very topic before. For what its worth I think the general consensus was that charge wouldnt apply when dealing with parked vehicles and/or stationary objects. Im not sure if theres any applicable case law. Short of careless driving, I think the more appropriate charge would be start from stop not in safety under section 142(2)... ...assuming the area where the driveway adjoins the roadway would meet the definition of highway
Theres been some discussion on this very topic before. For what its worth I think the general consensus was that charge wouldnt apply when dealing with parked vehicles and/or stationary objects. Im not sure if theres any applicable case law.
Short of careless driving, I think the more appropriate charge would be start from stop not in safety under section 142(2)...
The driver or operator of a vehicle parked or stopped on the highway before setting the vehicle in motion shall first see that the movement can be made in safety
...assuming the area where the driveway adjoins the roadway would meet the definition of highway
highway includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof
This is my first time ever getting a ticket and I am completely frustrated and don't know what to do.
On July 7th, I was driving to work, taking my usual route and it's about a 15 minute drive for me. At the first red light, I noticed I had a bit of time thanks to the countdown so I quickly…
I'm hoping somebody can point me in the right direction to track down various radar gun error codes.
Way back in March of this year I was stopped for speeding, 86kmh in a 60 Community Safety Zone, on Mayfield Rd., on the outskirts of Brampton. (Aloa school)
My husband was driving my car and passed a school bus with flashing lights. He did not realize this until he was past the bus. The driver honked at him but there were no cops nearby and he didn't get pulled over. I believe the driver or witnesses reported this and we got issued a…
Hey guys I was hoping for some advice on my first ever ticket.
I just moved to the Aurora area and made a prohibited left turn between the prohibited hours. This is my very first ticket so I am unsure as to how to precede. I have already requested and received my court date and I assume the next…
i am 25 with a G2 Drivers license. had a lot to drink saturday night. woke up the next morning and drove home around 1pm sunday. got pulled over for speeding, police officer smelled booze had me blow a breathalyzer. i blew 0.035 . he aloud my passenger to drive my truck home. he gave…
Hi, last summer I was pulled over when I made a left turn from he middle lane at Harbor and Yonge Street (heading east on the Gardiner and taking the Yonge exit). I swear they nabbed about 10 people in 5 minutes. Anyways, I decided to challenge in court, my court date is in April and I have just…
In Kanda, the court established that this offence is a strict liability charge. In other words, you can offer a defence of due diligence. In Kanda the defendant explained the…
Last July I got pulled over for failure to obey stop sign at a T-intersection in my neighbourhood. After I got my trial date I requested disclosure in November. Sent in another request for disclosure in early January and in mid-January got a call to pick it up at the court office. The disclosure…
