Search found 3 matches
- Mon Jun 11, 2012 5:10 pm
- Forum: Exceeding the speed limit by 16 to 29 km/h
- Topic: Incorrect Speed Limit Posted
- Replies: 4
- Views: 2384
Re: Incorrect Speed Limit Posted
#1 why do you think that a speed limit is not in effect unless there's a sign for it? That's just incorrect. That's what's listed in the Highway Traffic Act, Section 128: No by-law passed under this section or regulation made under clause (7) (c) becomes effective until the highway or portion of it affected by the by-law or regulation, as the case may be, is signed in accordance with this Act and the regulations. Without a sign, would the posted limit be the default for that region (i.e. 80 km/h in rural, and 50 km/h in urban)? #2 I'm not sure how much traction you'd have with a 60 year old c...
- Sun Jun 03, 2012 11:57 am
- Forum: Exceeding the speed limit by 16 to 29 km/h
- Topic: Incorrect Speed Limit Posted
- Replies: 4
- Views: 2384
Re: Incorrect Speed Limit Posted
From what I can determine, this would be the best to use (taken from http://www.canlii.org/eliisa/highlight.do?text=Speed+limit+by-law+posted&language=en&searchTitle=Ontario&path=/en/on/oncj/doc/2006/2006oncj183/2006oncj183.html) "Boyd-Gibbons v. Skinner, [1951] 1 All E.R. 1049 (U.K.K.B.)" - the Court set aside an acquittal at trial, holding that the presence of the speed limit signs, which must be deemed to have been lawfully erected by the local authority (being obligated to do so), was prima facie proof that a direction had been given under the highway traffic legislat...
- Sun Jun 03, 2012 8:55 am
- Forum: Exceeding the speed limit by 16 to 29 km/h
- Topic: Incorrect Speed Limit Posted
- Replies: 4
- Views: 2384
Incorrect Speed Limit Posted
I was recently stopped for going 88 km/h in a 60 km/h posted zone. The officer reduced the charge to 70 km/h in a 60 km/h zone. When I drove by that area the next day, brand new signs stating 80 km/h were posted. I can't be certain what was posted the previous night but I'm sure the officer will say he did a check and the sign listing the speed limit as 60 km/h was clearly posted. I went to my region's website and found that the local by-law was amended 7 days before. With that being said, I know a speed limit change is not in effect until a sign is posted. Long story short, when I read the su...