I received a ticket for 15km over which is a 75km in a 60km zone, and is marked with an R on the ticket. I believe the officer had me clocked at either 80-90km on the radar. This was a recently reduced speed area, as I frequent and was unaware that it had been reduced from 80km. I mentioned this to the officer and he indicated it had changed fairly recently.
My question is should I look for an early resolution or trial on the basis that the 60km signs are not posted clearly in a large section of 4 lane (former King's) highway. This is a wide open area and operating speeds are generally well over 80km, as I happened to be moving with traffic when this occurred. This was purely a fishing hole for easy tickets... a whole other issue altogether rather than having good enforcement in residential or high pedestrian/children areas.
Section 2 of HTA Reg 615 regarding speed sign spacing reads;
2. (1) Subject to section 4, where a maximum rate of speed other than that prescribed by subsection 128 (1) of the Act is prescribed for a highway in a local municipality or built-up area, speed limit signs shall be erected on the highway, in each direction of travel,
(a) not more than 600 metres apart where the speed limit prescribed is 60 kilometres per hour or less; and
(b) not more than 900 metres apart where the speed limit prescribed is greater than 60 kilometres per hour and not more than 70 kilometres per hour. R.R.O. 1990, Reg. 615, s. 2 (1); O. Reg. 175/08, s. 1.
(2) Where the maximum rate of speed for a highway in a built-up area more than 1,500 metres in length is that prescribed by subsection 128 (1) of the Act, speed limit signs shall be erected on the highway not more than 900 metres apart. R.R.O. 1990, Reg. 615, s. 2 (2).
(3) Where the maximum rate of speed for a highway in a built-up area 1,500 metres or less in length is that prescribed by subsection 128 (1) of the Act, speed limit signs shall be erected on the highway not more than 300 metres apart. R.R.O. 1990, Reg. 615, s. 2 (3).
The sign spacing within this section and between concessions is well over 1000m, and the signs were only replaced rather than appropriate spacing applied. The only visible sign I would have passed before I was pulled over is currently tucked away behind a construction sign, therefore I had no view of it nor is it in an appropriate area.
I'm not sure if this is valid grounds to be challenged or if I'm wasting time... However I would really like to avoid a conviction if at all possible.
Any thoughts or considerations?
If you can prove, through photos, video or otherwise, that the signs are not spaced properly, you could have a case for having them declared of no effect. The problem is if a 60 km/h zone is declared non-enforceable, a JP could turn around and say the limit defaults to 50 km/h, not the previous 80.
And the prosecutor could ask the JP to amend the ticket back up to the original speed so then you would be into points if convicted...
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