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Ontario Highway Traffic Act

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Improper Right Turn
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PostPosted: Sun Nov 02, 2008 11:07 am 
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Joined: Sun Nov 02, 2008 10:59 am
Posts: 1
I took a right turn on yellow turning to red at Castle Frank and Bloor St. and was issued a ticket based on MTA 144(9).

Any tips on getting the ticket thrown out?


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PostPosted: Sun Nov 02, 2008 11:44 am 
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Joined: Thu Oct 16, 2008 4:57 pm
Posts: 256
Location: Planet X
A sign is not a traffic control signal. A sign is articulated under s. 144(9), for which you were charged. You drove through a yellow on a traffic control signal system. A traffic control signal system is defined in s. 133.

You should've been charged under ss. 144(15) or 144(18).

You cannot be convicted for something you did not do. You did not violate s. 144(9) unless there is a sign that forbids right turns.

Is there a no right turn sign at this location?

Read ticketcombat's website on procedure and for what you should do.

http://www.ticketcombat.com/


Section 144(9) states;

Signs

(9) The provisions of this section are subject to any sign, as prescribed by the regulations, forbidding a left turn, right turn, through movement or combination thereof that is posted at an intersection and every driver shall obey every such sign.

Section 133 states;

“traffic control signal” means that part of a traffic control signal system that consists of one set of no less than three coloured lenses, red, amber and green, mounted on a frame and commonly referred to as a signal head; (“signalisation de la circulation”)

“traffic control signal system” means all of the signal equipment making up the installation at any location.


Sections 144(15) and (18) states;


Amber light

(15) Every driver approaching a traffic control signal showing a circular amber indication and facing the indication shall stop his or her vehicle if he or she can do so safely, otherwise he or she may proceed with caution. R.S.O.


Red light

(18) Every driver approaching a traffic control signal showing a circular red indication and facing the indication shall stop his or her vehicle and shall not proceed until a green indication is shown. R.S.O. 1990, c. H.8, s. 144 (18).


Penalty for disobeying red or amber light

(31.2) Every person who contravenes subsection (15) or (18) is guilty of an offence and on conviction is liable to a fine of not less than $150 and not more than $500.

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