Under HTA s. 172(5), only a police officer can lay a s. 172 charge. As a result of the language, this prevents and excludes a private citizen from laying a s. 172 charge. However HTA s. 217(2) articulates that s. 172 is an arrestable offence and s. 217(3) allows a private citizen to arrest anyone on view committing a s. 172 offence. You can only arrest someone if you're charging them with an offence, so how can the government allow a private citizen to arrest anyone found committing a s. 172 offence when s. 172 only statutorily allows a police officer to lay the charge? http://www.e-laws.gov.on.ca/html/statut ... 0h08_e.htm
Under HTA s. 172(5), only a police officer can lay a s. 172 charge.
Police to require surrender of licence, detention of vehicle
(5) Where a police officer believes on reasonable and probable grounds that a person is driving, or has driven, a motor vehicle on a highway in contravention of subsection (1), the officer shall,
(a) request that the person surrender his or her drivers licence; and
(b) detain the motor vehicle that was being driven by the person until it is impounded under clause (7) (b).
As a result of the language, this prevents and excludes a private citizen from laying a s. 172 charge.
However HTA s. 217(2) articulates that s. 172 is an arrestable offence and s. 217(3) allows a private citizen to arrest anyone on view committing a s. 172 offence.
Arrests without warrant
(2) Any police officer who, on reasonable and probable grounds, believes that a contravention of any of the provisions of subsection 9 (1), subsection 12 (1), subsection 13 (1), subsection 33 (3), subsection 47 (5), (6), (7) or (8), section 51, 53, subsection 106 (8.2), section 130, 172 or 184, subsection 185 (3), clause 200 (1) (a) or subsection 216 (1) has been committed, may arrest, without warrant, the person he or she believes committed the contravention. R.S.O. 1990, c. H.8, s. 217 (2); 1993, c. 40, s. 8; 2009, c. 5, s. 55.
Arresting on view
(3) Every person may arrest without warrant any person whom he or she finds committing any such contravention.
You can only arrest someone if you're charging them with an offence, so how can the government allow a private citizen to arrest anyone found committing a s. 172 offence when s. 172 only statutorily allows a police officer to lay the charge?
More major problems for poor old s. 172. The NATIONAL CAPITAL ACT (NCA) and it's Regulations are subject to the HTA and HTA Regulations. Well sort of. http://www.canlii.org/en/ca/laws/regu/c ... -1044.html If you get caught speeding on the property of the National Capital Commission, under the NCA regulations you are subject to the HTA unless the HTA and it's regulations conflict with the NCA Regulations. If you get caught stunt driving by doing over 50kph over the posted NCA speed limit you are subject to HTA regualtion 339 (Demerit Point System) and you will be issued 6 points upon conviction. This does not conflict with the NCA regulation. However, despite being charged with stunt driving, and despite all the crazy penalities under HTA s. 172, including a $2,000 to $10,000 fine, licence suspension, vehicle impoundment, and possible arrest; under the NCA Regulation, you can only be fined $500 because the HTA s. 172 penalties conflict with the NCA regulation penalty and the NCA regulation governs. Your vehicle cannot be impounded, your licence cannot be suspended, you cannot be arrested, and you cannot serve 6 months in the crowbar hotel because even under the NCA regulation, speeding is speeding, and speeding is an absolute liability offence which cannot bear a term of imprisonment upon conviction. So, if you're just urchin' to do some 50 kph over stunt driving, head on up to the National Capital. However, bear in mind, if the NCA regulation penalty is declared unconstitutional because a term of imprisonment is attached to the NCA penalty for speeding, then it is of no force and effect and you will be facing the penalties under s. 172.
More major problems for poor old s. 172.
The NATIONAL CAPITAL ACT (NCA) and it's Regulations are subject to the HTA and HTA Regulations. Well sort of.
If you get caught speeding on the property of the National Capital Commission, under the NCA regulations you are subject to the HTA unless the HTA and it's regulations conflict with the NCA Regulations.
Compliance with Provincial and Municipal Laws
4. (1) No person shall operate a vehicle, or cause or permit a vehicle that he has the right to control to be operated, on a driveway otherwise than in accordance with the laws of the province and municipality in which the driveway is situated.
(2) No person shall park a vehicle on a driveway except in compliance with the laws of the province and municipality in which the driveway is situated.
(3) In this section, the expression "laws of the province and municipality" does not include laws that are inconsistent with or repugnant to any of the provisions of these Regulations
Traffic Control, Parking and Speed Limit
5. (1) No person shall operate a vehicle on a driveway at a rate of speed, in kilometres per hour, that is greater than the speed posted.
(2) Where no rate of speed is posted on a driveway, no person shall operate a vehicle on that driveway at a rate of speed greater than 60 kilometres per hour.
"driveway" means that part of the property of the Commission designed and intended for the use of vehicles;
If you get caught stunt driving by doing over 50kph over the posted NCA speed limit you are subject to HTA regualtion 339 (Demerit Point System) and you will be issued 6 points upon conviction.
This does not conflict with the NCA regulation.
However, despite being charged with stunt driving, and despite all the crazy penalities under HTA s. 172, including a $2,000 to $10,000 fine, licence suspension, vehicle impoundment, and possible arrest; under the NCA Regulation, you can only be fined $500 because the HTA s. 172 penalties conflict with the NCA regulation penalty and the NCA regulation governs.
PART III
PENALTIES
[SOR/95-445, s. 2]
40. Every person who contravenes a provision of these Regulations is liable on summary conviction to a fine not exceeding $500 or to imprisonment for a term not exceeding six months, or to both
Your vehicle cannot be impounded, your licence cannot be suspended, you cannot be arrested, and you cannot serve 6 months in the crowbar hotel because even under the NCA regulation, speeding is speeding, and speeding is an absolute liability offence which cannot bear a term of imprisonment upon conviction.
So, if you're just urchin' to do some 50 kph over stunt driving, head on up to the National Capital.
However, bear in mind, if the NCA regulation penalty is declared unconstitutional because a term of imprisonment is attached to the NCA penalty for speeding, then it is of no force and effect and you will be facing the penalties under s. 172.
Am really confused about this one, this morning i got a reduced speeding ticket (80km speed in 60 zone), and in the ticket the cop wrote 10km over the speeding limit.. and it has the 'R' code in it.. and the cop said i need to pay this and it doesn't have any points on it..
im fine with paying the ticket which is only 40 dollars but my biggest concern, will it show in my record ? or only tickets…
I got a ticket for driving with handheld device in Oct 2015 and I had requested for a trial. Yesterday I received the notice of trial (notice is dated 26-Jan-2017, court of trial is Newmarket, ON) and trial date is Mar 8, 2017. Today, I have sent in a registered request for disclosure (i.e on 29-Jan-2017).
Need some help here for the 1st time speeding ticket?
Sunday morning 12:10am when I was going home from work I was doing bit speeding on Gardiner. I was going with about 130km/h. I know its fast. I always take the same way and I know where the cops hide. They always hide entrance of the highways. If I will do speeding I always look my back and did look this time too. I took gardiner…
I just have a question in regards to the summons Under Part 1 I received for an rear end accident:
I was driving on the 2 lane road, and the car in front of me suddenly stopped, I had seen the car, and so I started to brake, however I heard noise from the back and looked int o the rear view mirror and saw a huge "truck" so I decided to go right, took the feet out of brakes but couldnt…
I have searched and I know the general rule is no, barring criminal charges or tresspassing. So let me use 2 specific issues I have.
1) I have some business in some area malls after hours. Once I have pulled into the mall lot on the way to the closest door I rarely stop at stop signs unless there is a car or person nearby. (i do not carelessly speed, i do show caution, just do not fully stop) Can…
In June at 401 London and Wellington I got hit twice, speeding which I didn't realize I was doing and cell phone. The Officer made me open my purse and show him my phone. I was going to meet a Rep of my Company in Kitchener, he called I answered. WRONG! The Officer wasn't even nice. My record was clean and he slapped me twice. I sat in the car and sobbed for 20 minutes as I was scared out of…
I wanted to "reply" elsewhere...but the more appropriate areas were "locked" to replies....so, here are a couple of questions...from a newbie to this site:
1. Who ARE you? (I'm a little edgy about conversing on a forum whose ownership is not stated anywhere on an "About" page") No offense intended whatsoever. Just like to know who I'm talking with/in front of.......your honor!
You are coming off of a highway exit and there are 3 lanes: right hand lane for right hand turn; middle lane for left AND right turn (but no straight thru since it is only a three-way intersection); and left lane for left hand turn. You are first in the middle lane, signalling to make a right.
CAN YOU make a right hand turn from the middle lane on a red if the traffic is clear?
Hey everyone first off I'd like to say great website, I have been reading and it is very useful
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