Where does it apply?

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MC15
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Where does it apply?

by: MC15 on
Mon Dec 22, 2008 6:24 pm

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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by: racer on
Mon Dec 22, 2008 7:03 pm

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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by: hwybear on
Mon Dec 22, 2008 10:23 pm

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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by: ditchMD on
Mon Dec 22, 2008 10:56 pm

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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by: Radar Identified on
Mon Dec 22, 2008 11:02 pm

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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by: MC15 on
Tue Dec 23, 2008 2:28 pm

Thanks for the clarification !!


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by: horatio749 on
Sat Dec 27, 2008 10:07 am

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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by: hwybear on
Sun Dec 28, 2008 8:48 am

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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