Ontario Highway Traffic Act

No, I don't believe it's an actual written exemption either so much as a (poorly) worded section that could be interpreted as to allowing it.

I'm also not aware of specific distance for which the sign would remain valid for. In the above Streetview example, I'd generally interpret it to be valid until the next intersection, where another sign would be required for the prohibition to remain.

I don't believe the HTA specifies a distance.


Looking at HTA it specifies where U-turns are ...

There's nothing to my knowledge that would prohibit such signage under the Highway Traffic Act. The main legal requirement you'd have to be careful of is personating a police officer under the Criminal Code, which makes it illegal to use a uniform, badge or other equipment in a manner that could make someone believe you're the police.

I'd also ...

My understanding is that exemptions were left in as a concession to farm and construction workers, who sometimes drive short distances between job sites with workers in the back.

I don't disagree that it's unsafe and a loophole that should be closed, but I still think the way the law is currently written that one could argue the point successfully ...

Set fines are basically the "default" fine. Unless theres a set minimum amount, the Crown can pretty much ask for whatever fine they want. The Crown simply tells the Court that theres a "joint submission" (defendant and Crown both agreeing on an amount) and the Justice of the Peace then (hopefully) allows it. Technically, the J.P. could decline the ...

Hypothetical question that I thought Id run by the hive mind. I was out driving the other day when I saw a close call between two cars. Got me thinking about the scenario and whod be at fault, etc. I've attached a diagram.

Green car has a green light and is waiting to make a u-turn at an intersection where it's permitted. Orange car had a red ...

Ticket is $238. It doesn't say any demerit points on the ticket but I understand it is 4 because it is over 30km/h. I am assuming this will increase my premiums by a lot as well.
As stated above insurance providers don't look at demerit points, but if you still have a G2 you're looking at a 30 day suspension, in which case you'd want to plead it ...

The officers notes would appear to have everything required for a conviction. The radar was tested before and after, a speeding reading obtained and identity confirmed.

In short as jsherk said, there's no easy defence to the charge. You could either force a trial to test your luck/gain some experience, or take a plea deal to lessen the fine.

A charge of unsafe turn would not be solely dependent on demonstrating whether the other driver had an advanced green or not. The section requires that prior to making any turn, a motorist needs to ensure that the movement can be made in safety and without affecting any other vehicles. Your father would need to demonstrate that he took due care ...

Just be aware that prohibited turns are one of the few bylaw offences that can actually appear on your driving abstract and still result in demerit points being applied to your licence. Many posters have reported that municipalities don't typically notify the MTO of convictions for these offences, but just be aware of the possibility.

I'm not in a position to easily check the HTA at the moment, but I believe section 140 deals strictly with pedestrian crossovers, not regular crosswalks as you'd find at an intersection. Your daughter may have been charged under the wrong section.

I'd have to see if there's any case law on your actual question. I remember a high profile case about ...

R. v. Hargan, 2009 ONCJ 65 is one case available on Canlii that deals with a missing section number:
http://www.canlii.org/en/on/oncj/doc/2009/2009oncj65/2009oncj65.html

The case is very similar to the OP's in that the ticket is correct save for the missing section number. The Judge ruled that this was NOT a fatal error.

In the circumstances of ...

I'd tend to agree that a missing section number is not a fatal error if the short form wording identifies the offence. That being said, J.P.'s are not legal scholars (though they tend to think otherwise) and many might have quashed the ticket. Unfortunately the one reviewing your ticket appears to have not been in that group.

yyz wrote:Also I did surrender a licence so can anyone explain why I would be charged for failing to surrender? Thanks

The act requires that you surrender your current valid licence.

A conviction for fail to surrender licence will likely impact your insurance the same as any other ticket would (i.e. no different then speeding, failing to stop for a red light, etc). The chances of the officer forgetting to file the ticket are slim to nil. Furthermore if it's an electronic ticket (all typed out and printed) it's filed ...