Where does it apply?

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MC15
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Where does it apply?

Unread post by MC15 on

Hey how’s it going? Tried searching but didn’t come up with much... does the OHTA only apply to road and high ways or does it include parking lots?


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racer
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Unread post by racer on

MC15 wrote:Hey how’s it going? Tried searching but didn’t 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"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com


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hwybear
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Unread post by hwybear on

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


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ditchMD
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Unread post by ditchMD on

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?


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Radar Identified
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Unread post by Radar Identified on

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:


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Unread post by MC15 on

Thanks for the clarification !!


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Unread post by horatio749 on

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?


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hwybear
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Unread post by hwybear on

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


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