I got a ticket HTA Sect 154.1.
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?
Was this during the Pan Am Games? Where did you get stopped?
I don't know of any King Hwy that has a 3 person minimum.
Was this on a Kings Highway or a city street? If it was on a city street then you will have to refer to that city's HOV lane by-law.
It wasn't during the Pan-am Games.
It was on Yonge St. between Steeles Ave. and Finch Ave.
I'm pretty sure section 154.1 of the HTA only applies to HOV lanes on designated King's Highways. I don't believe Yonge Street is considered a King's Highway so the section wouldn't apply. The officer should have charged you under a Toronto bylaw instead.
If you read HTA 154.1 http://www.ontario.ca/laws/statute/90h08#BK244 I do not see anything that relates to number of seats in a vehicle.
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.
The regulations for S. 154.1 only list HOV designations on a number of 400 series highways. Toronto By-law 950-503 seems to regulate HOV lanes on city streets in Toronto. I agree with the other posters, it looks like the officer charged the OP under the wrong law. I've posted what seem to me to be the relevant pieces of legislation here.
HTA scroll to section 154.1http://www.ontario.ca/laws/statute/90h08#BK233
Regulations for HTA section 154.1http://www.ontario.ca/laws/regulation/050620
Toronto Municipal code scroll to section 950-503http://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
I am pretty sure Yonge St is no longer part of Highway 11 and it;s been that way since the 90's.
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