My van is has only two seats. Both were occupied.
The HOV lane was for 3 people.
I know there's something in the HTA about maximum occupancy in the car.
I heard some guy on the Radio, with a two seat car, show a cop the HTA and he let him go.
Any ideas on what section of the HTA?
I don't know of any King Hwy that has a 3 person minimum.
It was on Yonge St. between Steeles Ave. and Finch Ave.
So assuming Young St is not a Kings Highway (you will have to verify this) then you should do the following:
- Plead NOT GUILTY and ask for a Trial with the officer present.
- Once you get your Notice of Trial, request disclosure (officers notes).
- Within the first 6 months, do NOT ever mention to the prosecutor that it is the wrong charge and that Young Street is not a Kings Highway. If you tell the prosecutor, then they can drop the charge and re-issue the correct charge. However they can only do this within the first 6 months. So keep your mouth shut about this!
- AFTER the 6 month period you can contact the prosecutor (send a fax to the Clerk of the Court and the Prosecutor) and advise them that Young Street is not a Kings Highway and ask if they will drop the charge.
- Worst case is they say "no" and you end up in court and you tell the JP that the charge is incorrect because Young Street is not a Kings Highway.
+++ This is not legal advice, only my opinion +++
HTA scroll to section 154.1
Regulations for HTA section 154.1
Toronto Municipal code scroll to section 950-503
List of HOV lanes within Toronto under section 950-503
http://www.toronto.ca/legdocs/municode/ ... 950-22.pdf