Hi, This is my first posting so please bear with me. I was pulled over for going through a "local traffic" sign. When the constable asked me why I did that, I told him that I was working 1.5 km away from that "local Traffic" sign. He charged me for going through a closed highway but I'm not even sure if he got the right section. 134 (3)? I should also note that there was no detour posted on the sign "local traffic only". And that I was able to bypass the second set of signs further down the road stating "road closed". After taking with this constable he told me that unless I had business in the area that I had no right to go through those signs, I was working in the area I thought for sure it was my right to go through. Any help would be appreciated
Hi,
This is my first posting so please bear with me.
I was pulled over for going through a "local traffic" sign. When the constable asked me why I did that, I told him that I was working 1.5 km away from that "local Traffic" sign. He charged me for going through a closed highway but I'm not even sure if he got the right section. 134 (3)?
I should also note that there was no detour posted on the sign "local traffic only". And that I was able to bypass the second set of signs further down the road stating "road closed".
After taking with this constable he told me that unless I had business in the area that I had no right to go through those signs, I was working in the area I thought for sure it was my right to go through.
Actually based on your description, you were pulled over and charged for driving on a section of road with (by your own admission) a "Road Closed" sign. The "local traffic only" is a bit subjective and the officer didn't tag you for it. Just to clarify, though, was the "road closed" sign actually "Road Closed, Local Traffic Only" or just "Road Closed"? Also They don't have to post a detour. Anyway, let me know if the "road closed" sign also had "local traffic only" attached to it and we can go from there. If this was in a rural area with almost no other options, the "local traffic only" might be accepted (less than 50% chance though); if it's in a town or city, then the idea that you're within 1.5 kilometres is not going to work.
snowmann35 wrote:
I was pulled over for going through a "local traffic" sign. When the constable asked me why I did that, I told him that I was working 1.5 km away from that "local Traffic" sign. He charged me for going through a closed highway but I'm not even sure if he got the right section. 134 (3)?
Actually based on your description, you were pulled over and charged for driving on a section of road with (by your own admission) a "Road Closed" sign. The "local traffic only" is a bit subjective and the officer didn't tag you for it. Just to clarify, though, was the "road closed" sign actually "Road Closed, Local Traffic Only" or just "Road Closed"?
Driving on closed highway prohibited
(3) Where signs or traffic control devices have been posted or placed under subsection (2), no person shall drive or operate a vehicle on the closed highway or part thereof in intentional disobedience of the signs or traffic control devices. R.S.O. 1990, c. H.8, s. 134 (3).
Also
snowmann35 wrote:
I should also note that there was no detour posted on the sign "local traffic only".
They don't have to post a detour.
Anyway, let me know if the "road closed" sign also had "local traffic only" attached to it and we can go from there. If this was in a rural area with almost no other options, the "local traffic only" might be accepted (less than 50% chance though); if it's in a town or city, then the idea that you're within 1.5 kilometres is not going to work.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
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