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Pedestrian Crossing Violation
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PostPosted: Wed Nov 30, 2011 8:36 pm 
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Joined: Wed Nov 30, 2011 2:30 pm
Posts: 20
I was backing up in my driveway and struck a pedestrian on the sidewalk that intersects my driveway. The pedestrian must have stopped walking in my blindspot and then started again just as I began backing up - I never saw her. I received a ticket for fail to yield to pedestrian HTA 140 (1) (a). There were minor injuries to the pedestrian.
My question: Is my driveway considered a roadway under the HTA? Should I have been charged under the HTA?
I believe that a city bylaw covers sidewalks that intersects private driveways but I wasn't charged under the bylaw.


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Re: Pedestrian Crossing Violation
PostPosted: Thu Dec 01, 2011 12:44 am 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
Under HTA definitions, the sidewalk would be considered part of the highway, not the roadway. While you certainly can be charged under the HTA for your accident, I don't think you were charged under the correct section. If that's the case, the Crown may withdraw the charge. Hopefully someone else can confirm.


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Re: Pedestrian Crossing Violation
PostPosted: Thu Dec 01, 2011 10:14 pm 
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Joined: Thu Dec 01, 2011 9:24 pm
Posts: 7
Well figure this out for a By-Law that is nonsensical
You cannot park on your own property unless it is a driveway !!!!!!! this is the most pathetic piece of so called legislation I have heard (well there are several to be honest).... so basically they can say and do whatever they please in regard to your own land.... They may have used the wrong ```law```but I expect they will twist it and say it was the road ...hard to get logic and facts to be presented these days without video and pics which they are fast trying to stop us using....sad times


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Re: Pedestrian Crossing Violation
PostPosted: Fri Jan 20, 2012 4:25 pm 
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Joined: Wed Nov 30, 2011 2:30 pm
Posts: 20
Charge was withdrawn today. Seems the private driveway and sidewalk are not part of the highway or roadway as the constable thought. Charges under the HTA were incorrect and it should have been the city bylaw but of course city bylaw infractions are not as sexy as HTA violations. If they would stick to the law instead of trying to make a charge fit the offence I think we'd all be better off.


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Re: Pedestrian Crossing Violation
PostPosted: Fri Jan 20, 2012 5:57 pm 
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Joined: Tue Apr 22, 2008 7:21 am
Posts: 2933
Location: In YOUR rearview mirror!
syntst wrote:
Seems the private driveway and sidewalk are not part of the highway or roadway as the constable thought..

well the officer is correct as the sidewalk is part of the "lateral property lines" that the municipality owns defined in the HTA, however what caused the glitch or "lucky for you" was that a "pedestrian crossover" definition is not applicable for sidewalks parallel to the road. The "pedestrian crossover" must "cross" the roadway.

thanks for the update for all the members, good job!

_________________
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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