Good evening, everyone. My wife received a speed camera ticket today. The ticket is for driving 54 km/h in a 40 km/h zone. She's planning to request an Early Resolution and I have a couple of questions.
Subsection 4 (4) of O. Reg. 398/19 states that the device must be tested and established to be accurate within 12 months preceding the date of the offence. Do we have the ability to request proof of that testing and certification as disclosure? I know the HTA states that the photos are basically proof of the offence and it's almost impossible to compel the officer to testify or to provide additional disclosure, but would certification of the device be an exception?
If I read Section 8 of the same regulation correctly, there must be signs notifying drivers of the presence of the camera in a Community Safety Zone. I believe this area is one; there is a large private school across from the intersection identified on the ticket and the ticket shows a set fine of $70. That's $5 per km/h over the limit, so that would also suggest a Community Safety Zone. If that's the case and there is no sign, would that preclude a conviction?
Any help would be appreciated. Many thanks.
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