Got a ticket for "Improper Use of High Occupancy Lane

Hi Guys,

Was wondering if I could get some advice on what to do here.

I just got a ticket this evening but my situation is a bit weird.

I was at Warden and Hwy 7 in Markham, during the rush hour traffic so was waiting there for a while. I had to pee big time. So, I made a left turn onto Highway 7 and I merged into the newly built High Occupancy Lane for about 50 meters, then I pulled into the middle lane. I could have been maybe 10-15 KM/HR over the speed limit as I had pee ..

As I was in the middle lane going.. , that's when the cop pulled me over from behind. I told the cop and pointed to him the plaza which was just 100 m away from where he pulled me over that I had to pee etc.

So, he had me sit in my car for a bit and came back to give me a ticket for $110. "Improper Use of High Occupancy Lane" Section 154.1 (3) Exact spot: Highway 7 East & Uptown Drive, Markham

The cop told me he would not give me a ticket for speeding since I had to pee, but since I was in the HOV lane, he had to give me that ticket. But, interestingly I was already in the middle lane when the cop turned ON his lights to pull me over.

My entire stay in the HOV lane was like 50 m or so.. and when the cop pulled me over, I was already in the middle lane.

I am not sure what I should be doing here? Plead guilty and pay the fine or fight the ticket, since I was already in the middle lane? Will my insurance get affected due to this ticket?

I did read another user posting about this, but his situation was a bit different. Not sure about mine.

Please advise.

Thank you!

Needing to go to the washroom is not exactly an excuse. I wouldn't suggest bringing that up at all.

And I'm not sure exactly what your point is that he turned on his lights once you were in the middle lane. He saw you driving in the HOV lane, it doesn't matter where he ends up turning on his lights.

But I think it's important to point out that the specific section you've been charged with (section 154.1(3) of the Highway Traffic Act) only applies to high occupancy vehicle lanes on Highway 404, Highway 403, Highway 417, the Queen Elizabeth Way and Highway 427 (https://www.ontario.ca/laws/regulation/050620). This is a common mistake made by police officers. The correct charge would have been under a municipal by-law from either the City of Markham or the Regional Municipality of York that designated this stretch of road on Highway 7 with an HOV lane.

Whenaxis wrote:

Needing to go to the washroom is not exactly an excuse. I wouldn't suggest bringing that up at all.

And I'm not sure exactly what your point is that he turned on his lights once you were in the middle lane. He saw you driving in the HOV lane, it doesn't matter where he ends up turning on his lights.

But I think it's important to point out that the specific section you've been charged with (section 154.1(3) of the Highway Traffic Act) only applies to high occupancy vehicle lanes on Highway 404, Highway 403, Highway 417, the Queen Elizabeth Way and Highway 427 (https://www.ontario.ca/laws/regulation/050620). This is a common mistake made by police officers. The correct charge would have been under a municipal by-law from either the City of Markham or the Regional Municipality of York that designated this stretch of road on Highway 7 with an HOV lane.

Thanks. So does that ticket affect my insurance? What would you suggest I do? Plead guilty? Go to trial?

If you pay the ticket or plead guilty, a conviction will be registered on your driving record. For this particular offence, there is also 3 demerit points associated with it.

For insurance purposes, this is considered a minor conviction. It may or may not affect your insurance, depending on your policy. You may see a slight increase in your insurance or no change at all, again depending on your policy.

If you go to trial, the prosecutor may offer you a plea deal to a lesser offence and/or a lower fine. You can choose to accept this deal and plead guilty, or reject the offer and proceed to trial.

If you decide to reject the offer and proceed to trial, make sure you are prepared to argue your case. You can argue that you've been charged under the wrong offence since section 154.1(3) only applies to certain highways. This may be more complex and require time to familiarize yourself with the Highway Traffic Act and O. Reg. 620/05 as well as general court procedure.

HOV regulations of the Highway Traffic Act DO NOT APPLY on Hwy 7.

Choose Early Resolution and speak to the prosecutor. You should have been charged under a municipal by-law (equivalent to a parking ticket and won't affect your insurance) $85 total fine, if this proceeds to trial you'll have already won.

Read the regulation and educate yourself: https://www.ontario.ca/laws/regulation/050620

iFly55 wrote:

HOV regulations of the Highway Traffic Act DO NOT APPLY on Hwy 7.

Choose Early Resolution and speak to the prosecutor. You should have been charged under a municipal by-law (equivalent to a parking ticket and won't affect your insurance) $85 total fine, if this proceeds to trial you'll have already won.

Read the regulation and educate yourself: https://www.ontario.ca/laws/regulation/050620

A note to the original poster: early resolution is no longer available in York Region. So to proceed down this route, you will need to request a trial and talk to the prosecutor before it starts.