Ticket at airport not HTA violation?

Lucky75
Newbie
Newbie
Posts: 19
Joined:

Ticket at airport not HTA violation?

Unread post by Lucky75 on

Hi all,

I recently got a speeding ticket (40 in a 30 zone, dropped from 70 in a 30, but no notes about that on the ticket or anything) on Pearson Airport grounds, so the ticket is for "traffic on the landside of airports regulations, section 5". However, there is no fine amount on the ticket.

Does that mean I can kill the ticket? If I plead guilty on this, does it stay on my record like normal speeding tickets do? The officer said otherwise, but I'm not sure if she was lying.

Section 5 states:
5. No person shall operate a vehicle at a rate of speed greater than
(a) the speed specified by the airport operator on a sign; or
(b) if no speed is specified by the airport operator, 50 km/h.

Enforcement:

21. The following persons are authorized as enforcement officers for the purposes of these Regulations:
(a) members of the Royal Canadian Mounted Police;
(b) members of the police force of the province or the municipality in which the airport is located;
(c) by-law enforcement officers of the municipality in which the airport is located; and
(d) an airport operator and its agents, contractors and employees assigned to duties related to the enforcement of these Regulations.

Payment:
24. If a payment is made in accordance with section 23 by or on behalf of a person who is alleged to have contravened a provision of these Regulations, the payment shall be considered to be in full satisfaction of any penalty that may be imposed on summary conviction of that person for the alleged contravention.

Not sure what that exactly means. But still, there was no fine on the ticket. How am I supposed to pay the ticket when they don't tell me how much it's for?

Any suggestions on what I should do? Thanks a lot!


User avatar
CliffClaven
Jr. Member
Jr. Member
Posts: 36
Joined:

Unread post by CliffClaven on

Isn't this your answer...?

###

Punishment

(2) Any person who is alleged to have contravened section 5 or 6, subsection 8(3) or section 14 may register a plea of guilty to the alleged offence by making payment in accordance with the terms and conditions set out on a ticket or other notification document in the amount equal to the lesser of

(a) the fine prescribed under the highway traffic laws of the province or the by-laws of the municipality in which the offence was committed, as amended from time to time, and
(b) $500.

Source: http://laws-lois.justice.gc.ca/eng/regu ... lText.html


Lucky75
Newbie
Newbie
Posts: 19
Joined:

Unread post by Lucky75 on

So does that mean that this isn't a fatal error because there are prescribed fines in the HTA? How is it not okay for the fine to be missing if filed under the HTA but okay if it's not the HTA yet being fined under the HTA?

I'm not really sure that this tells us anything, does it?


daggx
Sr. Member
Sr. Member
Posts: 392
Joined:

Posting Awards

Unread post by daggx on

I am assuming there is no court date listed on the ticket, so it is not a summons. Normally I would say that a missing fine was a slam dunk fatal error and you could use the procedure set out in London v. Young. However your ticket was issued under the Federal Traffic on the Land Side of Airports Regulations, under the authority of the Federal Contraventions Act. The London v. Young case was decided based on the wording of the Ontario Provincial Offences Act. This could cause a problem as the procedure for dealing with defaulted fines under the Contraventions Act is different from that under the Ontario Provincial Offences Act. However just to make our heads spin even more, the Federal Government has made deals with certain provinces to enforce and prosecute federal contraventions using provincial regulations. This was done so that the Federal Government wouldn't have to have a parallel ticketing system with its own forms ,prosecutors and collection methods, it could simply use the system that the Province already had in place. To facilitate these agreements the Federal Government has adopted regulations under the Contraventions Act that adopt the provincial laws of certain provinces for the enforcement of federal contraventions within those provinces. Ontario is one of the provinces where such an agreement exists. The agreement seems to say that the Ontario Provincial Offences Act is adopted for the enforcement of any federal contravention ticket issued in Ontario, but I'm not sure. If it is then the procedure set out in London v. Young for dealing with this type of error may still apply. I will post a link to the laws and regulations that apply in this case, take a look and see what you think. Also maybe some others who post here might take a read and see whether they think London v. Young would still apply in this case.

Traffic on the Land Side of Airports Regulations (SOR/2006-102)
http://laws-lois.justice.gc.ca/eng/regu ... lText.html

Contraventions Act
http://laws-lois.justice.gc.ca/eng/acts ... index.html

Application of Provincial Laws Regulations
http://laws-lois.justice.gc.ca/eng/regu ... age-1.html

Application of Provincial Laws Regulations (Ontario specific agreement)
http://laws-lois.justice.gc.ca/eng/regu ... 2.html#h-1


Lucky75
Newbie
Newbie
Posts: 19
Joined:

Unread post by Lucky75 on

Yeah, it's an interesting case. I would imagine that if the provincial regulations apply to ticketing, shouldn't it also apply to the enforcement of the laws and cases regarding that system?

Also, what does this mean for having the conviction on my record for insurance companies to have a look at? The officer told me that it wouldn't apply because it wasn't a violation of the HTA, but is she telling the truth?


Also, wouldn't not having the fine be in violation of section 16(d) here? http://laws-lois.justice.gc.ca/eng/acts ... 4.html#h-8


Lucky75
Newbie
Newbie
Posts: 19
Joined:

Unread post by Lucky75 on

Anyone have any thoughts on this? Thanks!






Post Reply

Return to “Other Ontario Provincial Acts Related to Traffic”