Required Physical Impediments for 30 km/hr zone

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teeekay
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Required Physical Impediments for 30 km/hr zone

Unread post by teeekay on

I got ticketed for going 50 km/hr in a 30 km/hr zone (in Toronto). I want to base my defense on the premise that the 30 km/hr speed limit is not valid, because no "physical impediments for purposes of reducing traffic speed" are present on this section of the street (from intersection to where I got stopped, about 200 m from the intersection). There is signage of the 30 km/hr rate, but I want to base my defense on the fact that the required physical impediments were not present. (There is a bollard at the other end of the street, but I did not pass by it.) Other streets running parallel to this street have speed humps every 100 m or so, but this is a TTC route, so there are no speed humps.

Does this defense have a good chance?

What would I need to do in court to make it work?


Stanton
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Unread post by Stanton on

I remember the section that you’re talking about, but to the best of my knowledge it was repealed quite a few years ago. It used to be under 128 subsection 3.1, unless it's moved somewhere else in the HTA.

Going by the old wording, I’m not sure how much luck you’d have. It simply states that a portion of the highway must have such features for the limit to apply. That in my mind would make the limit valid if properly signed, even though bollards, speed bumps, etc. aren't present on every block. Still though, an interesting idea to fight the charge on.


teeekay
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Unread post by teeekay on

It is in the The Transportation Statute Law Amendment Act, 2005 as described here http://www.mto.gov.on.ca/english/safety ... rd_2.shtml :

"To help municipalities better manage the speed limits on their roads, the Act includes a provision that gives all municipalities the authority to set the speed limit at 30 km/h where traffic calming measures are in place"

here is the text from the TSLA (http://www.e-laws.gov.on.ca/html/source ... 5026_e.htm)

(3) Section 128 of the Act is amended by adding the following subsection:
Rate in traffic calming areas
(3.1) Where the roadway of a highway, or of a portion of a highway, has physical impediments for the purpose of reducing traffic speeds to less than 40 kilometres per hour, the council of a municipality may by by-law prescribe a rate of speed of 30 kilometres per hour for motor vehicles driven on the highway or portion of the highway.


Is this act still valid - not superseded?

Does anyone know what constitutes a valid physical impediment for the purpose of this act?


teeekay
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Unread post by teeekay on

I've been searching through this legal stuff, and I guess section 128(3.1) was repealed in 2006 - can anyone confirm this is the case?

details I found below

(3) The rate of speed set under subsection (10) may be any speed that is
not greater than 100 kilometres per hour. 2006, c. 32, Sched. D, s. 4 (4).
(3.1), (4) Repealed: 2006, c. 32, Sched. D, s. 4 (5).


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Simon Borys
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Unread post by Simon Borys on

teeekay wrote:(3.1), (4) Repealed: 2006, c. 32, Sched. D, s. 4 (5).
This does mean that (3.1) was repealed in 2006




http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


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