Hi there, Received a Ticket quoting Section 154(1)(b) of the HTA while driving on a 5 lane highway (two lanes designated in each direction plus a middle centre lane for left turns) in the City of Hamilton on Friday. I was travelling westbound and signalled to make a left hand turn, went into the centre lane designated for both directions to make the left turn, but failed to make the turn because I missed the residential street (streets are poorly indicated and I do not know Waterdown as I've only been there once before). I decided to re-merge with westbound traffic to make the next turn, but Officer (going eastbound) made a u-turn and ticketed me for using the centre lane improperly, telling me that I used the centre lane as a passing lane. I explained to him that I missed the left turn and re-merged with traffic, but he said that he was giving me the ticket because in his estimation I was going "a little fast". I told him that my speed was according to the limit and that I had re-accelerated to merge with traffic. I received no speeding ticket, and I was not speeding according to the posted limit anyhow. He said I was going a little fast for a left turn, and I told him that the street was poorly indicated, so I had aborted the left hand turn and accelerated to merge back in with traffic as I felt I couldn't make the turn safely, and that is why he perceived my speed as "a little fast" for the turn. When I read the section of the HTA, it doesn't make sense to me. Firstly, I thought three lane highways were those such as QEW, and not 5 lane highways. Do they refer to the centre lane that is used by both directions as the "third" lane? Then, it says that "a vehicle shall not be driven in the centre lane except when overtaking and passing another vehicle where the roadway is clearly visible and the centre lane is clear of traffic within a reasonable safe distance, or in preparation for a left turn". If this is the right subsection, I don't see where I used the centre lane improperly given that this subsection allows me to do what I did, which was to use the centre lane to make the left turn, aborted it, and re-merged with traffic in a safe manner. My intention was to turn left but I did end up coming out ahead of the vehicle that was directly ahead of me before I signalled to the centre lane because I had decellerated down from about 55km, he was doing about 40-45 in a 60km zone (and had accumulated a line behind him, with the driver behind me closing in behind him thus preventing me from re-merging in my old spot), so I accellerated because I needed to get out of the turning lane, and he was just a little bit behind me when I aborted the turn (the nose of his vehicle was at my front passenger door). In any event, the subsection allows this according to the bolded print above, so I am a little confused. Could someone provide some clarification on this section of the HTA? The last ticket I got was for having my front licence plate removed (somebody ripped it off while it was parked on the street unbeknownst to me, so I didn't even know it was gone!!!) in 1995, so I haven't had this situation happen to me, and especially not a moving violation such as this. I'm a bit taken aback. I am also a paralegal (but in Real Estate) so while I did study the HTA along with the POA, it's not in practice. I know a little knowledge is more dangerous than none at all, so I am here hoping someone can clear this up for me. Many, MANY thanks in advance. Where highway divided into lanes - 154. (1) Where a highway has been divided into clearly marked lanes for traffic, (a) a vehicle shall be driven as nearly as may be practicable entirely within a single lane and shall not be moved from the lane until the driver has first ascertained that the movement can be made with safety; (b) in the case of a highway that is divided into three lanes, a vehicle shall not be driven in the centre lane except when overtaking and passing another vehicle where the roadway is clearly visible and the centre lane is clear of traffic within a reasonable safe distance, or in preparation for a left turn, or where the centre lane is at the time designated for the use of traffic moving in the direction in which the vehicle is proceeding and official signs are erected to indicate the designation; (c) any lane may be designated for slowly moving traffic, traffic moving in a particular direction or classes or types of vehicles and, despite section 141, where a lane is so designated and official signs indicating the designation are erected, every driver shall obey the instructions on the official signs. R.S.O. 1990, c. H.8, s. 154 (1). Exception (2) Where safety is not jeopardized, clauses (1) (b) and (c) do not apply to road service vehicles and clause (1) (c) does not apply to road-building machines or apparatus while engaged in the construction of a highway. R.S.O. 1990, c. H.8, s. 154 (2).
That should keep the option open to stay the charge later, depending on when they re-schedule it. Hard to do... I guess hammer on him: - Where did you observe the vehicle enter the centre lane? - Take a look at this video of the roadway, is this where the offence was observed? Where were you when you observed it? - Were you moving or stationary? Oh, you were coming over the hill... - Are you sure you didn't just see the vehicle exiting the lane and made an assumption? - Did you measure the distance? How did you come to assume it was 200-300 metres? - Did the defendant signal? - What other vehicles were on the road? Etc. Obviously there's a lot more to ask...
Marquisse wrote:
The crown tried to say the late disclosure was due to my error and late request, but I told the justice that the reason for the late request for disclosure was due to the PO Office's failure to provide Notice for Trial.
That should keep the option open to stay the charge later, depending on when they re-schedule it.
Marquisse wrote:
When I saw this I thought "how in the world do I discredit a police officer who is not being truthful in his notes in a palatable way in court!?"!
Hard to do... I guess hammer on him:
- Where did you observe the vehicle enter the centre lane?
- Take a look at this video of the roadway, is this where the offence was observed? Where were you when you observed it?
- Were you moving or stationary? Oh, you were coming over the hill...
- Are you sure you didn't just see the vehicle exiting the lane and made an assumption?
- Did you measure the distance? How did you come to assume it was 200-300 metres?
- Did the defendant signal?
- What other vehicles were on the road?
Etc. Obviously there's a lot more to ask...
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
Well, I pleaded to a by-law yesterday for the City of Hamilton. No decision could be reached prior to trial whether or not I was even charged under the right Section. One prosecutor was adamant that I was, and another said no, I wasn't. So, rather than risk it, my paralegal said a plea down to a by-law would be acceptable to us, and they accepted. The prosecutor who said I wasn't charged under the correct section took our case to another courtroom and dealt with it there. Sadly, there was no consensus as to whether or not S 154.1(b) applies. I think it could've been a precedent setting ruling on the application of S.154.1(b) because it actually caused a bit of a crowd of prosecutors to come around, along with some other paralegals, and gather around the prosecutor's desk to discuss the situation. The problem is that S154.1(b) deals with a highway divided into 3 lanes. A 5 lane highway is NOT a 3 lane highway, so that's the technicality. If someone gets charged under my circumstances, it's well worth it to fight it because it really isn't applicable in the circumstances.
Well, I pleaded to a by-law yesterday for the City of Hamilton. No decision could be reached prior to trial whether or not I was even charged under the right Section. One prosecutor was adamant that I was, and another said no, I wasn't. So, rather than risk it, my paralegal said a plea down to a by-law would be acceptable to us, and they accepted. The prosecutor who said I wasn't charged under the correct section took our case to another courtroom and dealt with it there.
Sadly, there was no consensus as to whether or not S 154.1(b) applies. I think it could've been a precedent setting ruling on the application of S.154.1(b) because it actually caused a bit of a crowd of prosecutors to come around, along with some other paralegals, and gather around the prosecutor's desk to discuss the situation. The problem is that S154.1(b) deals with a highway divided into 3 lanes. A 5 lane highway is NOT a 3 lane highway, so that's the technicality. If someone gets charged under my circumstances, it's well worth it to fight it because it really isn't applicable in the circumstances.
By-law infraction is much better than an HTA charge. So looks like a good outcome in the end. :D The disagreement among the Prosecutors... this could be useful in the future...
By-law infraction is much better than an HTA charge. So looks like a good outcome in the end.
The disagreement among the Prosecutors... this could be useful in the future...
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
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