Definition of "highway"

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Rusty97
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Definition of "highway"

by: Rusty97 on
Sun Mar 17, 2013 10:41 pm

"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; (“voie publique”)

“roadway” means the part of the highway that is improved, designed or ordinarily used for vehicular traffic, but does not include the shoulder, and, where a highway includes two or more separate roadways, the term “roadway” refers to any one roadway separately and not to all of the roadways collectively; (“chaussée”)
If a vehicle drives on an improved (gravel) surface through Crown land; is it driving on a "roadway/highway" or "trail" (for which I can't find a definition)? Normally the "lateral property" lines are a few meters from the roadway; but on Crown land, the lateral property lines could be many km away from the roadway.


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hwybear
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by: hwybear on
Mon Mar 18, 2013 5:40 pm

roadway is part of all highways, the area normally travelled by a vehicle. Highway in easier thinking is "fence line to fence line" (ditches etc) or in a town/city this usually encompasses all sidewalks to where property ownership starts by home owners and/or business. I am in areas such as you describe and common sense dictates that all the collegues I work with use, which is tree line to tree line.
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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