Topic

Where Does It Apply?

Author: MC15


Post Reply
MC15
Newbie
Newbie
Posts: 2
Joined: Mon Dec 22, 2008 6:15 pm

Where Does It Apply?

Unread post by MC15 »

Hey hows it going? Tried searching but didnt come up with much... does the OHTA only apply to road and high ways or does it include parking lots?

User avatar
racer
Moderator
Moderator
Posts: 957
Joined: Wed Nov 14, 2007 7:27 pm
Location: Guelph, Ontario
Contact:

Posting Awards

Moderator

Re: Where Does It Apply?

Unread post by racer »

MC15 wrote:Hey hows it going? Tried searching but didnt come up with much... does the OHTA only apply to road and high ways or does it include parking lots?

Private parking lots are not governed under OHTA.

"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

Ontario Traffic Ticket | Ontario Highway Traffic Act
User avatar
hwybear
High Authority
High Authority
Posts: 2934
Joined: Tue Apr 22, 2008 7:21 am
Location: In YOUR rearview mirror!

Posting Awards

Unread post by hwybear »

HTA applies property line to property line, which includes the stop signs from private parking lots, as those signs are within the property lines.


HTA does not apply to parking lots, but the Criminal Code does and some bylaws do.

Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
User avatar
ditchMD
Jr. Member
Jr. Member
Posts: 42
Joined: Mon Aug 18, 2008 11:39 am

Unread post by ditchMD »

In other words, the stop sign prior to getting onto a public roadway is enforceable, but the ones in the middle of the parking lot are not. Correct?

User avatar
Radar Identified
High Authority
High Authority
Posts: 2881
Joined: Mon Sep 08, 2008 8:26 pm
Location: Toronto

Unread post by Radar Identified »

In other words, the stop sign prior to getting onto a public roadway is enforceable, but the ones in the middle of the parking lot are not. Correct?

More or less, except for the Insurance Act, which still applies in parking lots. So, bylaws notwithstanding, if you don't hit something, there's not much that can be done. :shock:

horatio749
Newbie
Newbie
Posts: 1
Joined: Sat Dec 27, 2008 10:03 am

Fail To Report

Unread post by horatio749 »

So my girlfriend has been charged with failing to report an accident 199(1) under the HTA, It happend in her school parking lot. Does this mean that technically the HTA doesnt apply cause its private property?

User avatar
hwybear
High Authority
High Authority
Posts: 2934
Joined: Tue Apr 22, 2008 7:21 am
Location: In YOUR rearview mirror!

Posting Awards

Unread post by hwybear »

There are a few sections that would apply off of the highway under the HTA. One being 199.


When you read most sections it has the word "highway" (ie: while on a higway, upon a highway, etc..) those are the ones specific to being on a highway. Definition of highway is property line to property line. If the section does not state highway, it is then anywhere.

Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
Post Reply

Return to “General Talk”

Who is online

Users browsing this forum: No registered users and 4 guests