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Ontario Highway Traffic Act

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Speed limit posting
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PostPosted: Thu Jan 31, 2008 8:52 am 
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Are there any rules to govern how a city/province posts speed limits? In some places when the limit changes there will be a sign warning that the limit will change ahead, then there will be a sign stating new speed limit begins. Does it contravene the Highway traffic act if a speed limit is not posted or improperly posted?

I was charged with doing 65 in a 50 zone, but I can prove that the road is improperly marked. The limit is 60 at one point, and there are no signs stating it will drop to 50 ahead, nor is there a sign stating 50 begins. There are no signs on the road in the direction I was traveling. I also need to bring this proof to court. I was thinking of video taping the stretch of road, but I am not sure how to present the evidence. Do I ask that a dvd player be present? or just bring the camcorder with me and play it for the judge?


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PostPosted: Thu Jan 31, 2008 6:58 pm 
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Joined: Tue Jan 22, 2008 9:38 pm
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Location: Stratford, Ontario
I suspect the LEO lowered your ticket to 65 (??). Most cops tolerance threshold is 20 over.

I had a copper friend tell me once that it is "assumed" to be 50kph when in a residential or built up area, regardless of the presence of a sign. But I would definitely try your defense anyway. Just don't testify as to your speed at all (don't take the stand in your own defense... Anything you have to say should be said in your closing statement instead, so that you can't be questioned on it).

You can copy the video tape to another media such as VCR tape, etc. but be sure to take the original tape in the camera also, as this has all the proper date stamps and stuff and will likely be admitted as evidence (if the copy isn't). Be sure to call the court and ask the clerk if they have a VCR available.

I'm still having trouble believing he clocked you at 65 ;) LOL... I'm guessing.... 79?


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PostPosted: Fri Feb 01, 2008 6:27 am 
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I don't remember the actual speed he clocked me at but it was a little more than 65. I actually plan on using a mini dvd camcorder so I could just bring my cables and make sure that a tv is available. I haven't received disclosure yet.

I think that is BS on the cop's part assuming that it is 50kph in a residential zone. In Hamilton when you enter the city it isn't posted that all streets are 50 unless otherwise posted. Most cities/townships have the big signs stating that when you enter on the city on the main roads. I have come into Hamilton on many different roads from elsewhere and have never seen a version of this sign either.


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