help - ticket with HTA on don mills rd which is not highway

mfx11
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help - ticket with HTA on don mills rd which is not highway

Unread post by mfx11 on

Need some help as i was given ticket while driving on don mills road with offence of highway traffic act 154.1 (3). When i researched I see that the toronto HOV lanes are under Toronto minicipal by-law act "Metropolitan Toronto ByLaw Chapter 132/93. Sect. 3 (a)"

Can someone please help how to fight this ticket. Any guidance is greatly appreciated.


iFly55
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Unread post by iFly55 on

http://www.ontario.ca/laws/statute/90h0 ... highway” includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof; (“voie publique”)[/quote]

What exactly was the charge?


daggx
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Unread post by daggx on

The charge looks like it was for driving in an HOV lane and from my admittedly hasty research I think the OP may have a case. The regulations for S. 154.1 only list HOV designations on a number of 400 series highways. However Toronto By-law 950-503 seems to regulate HOV lanes on city streets in Toronto. It looks to me like the officer may have charged the OP under the wrong law. I've posted what seem to me to be the relevant pieces of legislation here. What do you all think?

HTA scroll to section 154.1
http://www.ontario.ca/laws/statute/90h08#BK233

Regulations for HTA section 154.1
http://www.ontario.ca/laws/regulation/050620

Toronto Municipal code scroll to section 950-503
http://www.toronto.ca/legdocs/municode/1184_950.pdf

List of HOV lanes within Toronto under section 950-503
http://www.toronto.ca/legdocs/municode/ ... 950-22.pdf


dragonware
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Unread post by dragonware on

were you in the bus lane ?


mfx11
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Unread post by mfx11 on

mfx11 wrote:Need some help as i was given ticket while driving on don mills road with offence of highway traffic act 154.1 (3). When i researched I see that the toronto HOV lanes are under Toronto minicipal by-law act "Metropolitan Toronto ByLaw Chapter 132/93. Sect. 3 (a)"

Can someone please help how to fight this ticket. Any guidance is greatly appreciated.
The charge on ticket is "IMPROPER USE OF HIGH OCCUPANCY VEHICLE LANE" contrary to "HIGHWAY TRAFFIC ACT section 154.1(3)" while driving in bus lane on local road DON MILLS ROAD. it seems the charge should be under Toronto By Law. Since office quoted wrong regulation as HTA, will i have better chance to have the charge dropped?

Also, it seems Toronto by law 950-503(Reserved lanes for designated classes of vehicles) don't seem to carry demerit points that will affect insurance


daggx
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Unread post by daggx on

I think if you take your ticket to trial and then point out the error to the presiding Justice of the Peace you should be acquitted. Make sure to have 3 copies of the relevant laws and regulations, one for the JP one for the prosecution and one for your self. Be prepared to walk the court through your argument and explain exactly where the officer made his mistake.


mfx11
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Unread post by mfx11 on

Daggx, thanks very much for the suggestions and thoughts.


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hwybear
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Unread post by hwybear on

Is Don Mills Rd the same as Hwy 404? In the regulations it states where the HOV is valid on hwy 404.. So if one and same... Might want to check on that
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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Unread post by Radar Identified on

hwybear wrote:Is Don Mills Rd the same as Hwy 404?
Nope. Don Mills Road is a north-south arterial, owned by the city of Toronto. The Don Valley Parkway is what the 404 becomes south of the 401.

Pretty sure Don Mills isn't a King's Highway.




* 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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