I was parked last night in a parking lot in Scarborough. When I came back to my car, I see a $450 ticket on my car. There were no markings on the ground for lanes, or even painted blue for a handicap spot. There was a sign on the wall, but it was to the right of my car so i assumed it was for the spot next to me (no markings on the road). This is my first offence for this, and I believe $450 is a steep fine for an honest mistake. It's not like I knew it was a handicap and still decided to park there. So I have no problem going in for an early resolution and getting it reduced. However, I noticed the officer forgot to put what By-Law that I Broke (See Picture). So would this be considered a fatal error, or not? Any help would be greatly appreciated! EDIT: Sorry, for some reason it won't let me upload the file.
I was parked last night in a parking lot in Scarborough. When I came back to my car, I see a $450 ticket on my car. There were no markings on the ground for lanes, or even painted blue for a handicap spot. There was a sign on the wall, but it was to the right of my car so i assumed it was for the spot next to me (no markings on the road). This is my first offence for this, and I believe $450 is a steep fine for an honest mistake. It's not like I knew it was a handicap and still decided to park there. So I have no problem going in for an early resolution and getting it reduced. However, I noticed the officer forgot to put what By-Law that I Broke (See Picture). So would this be considered a fatal error, or not? Any help would be greatly appreciated!
EDIT: Sorry, for some reason it won't let me upload the file.
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Each city is different and you'll have to look up the particular bylaw in that specific city. The city will have it's own regulations about how the signs and the spot is to be labeled. It's not uncommon for a sign to be the only indicator required for a handicap spot. So just because there isn't something on the ground doesn't mean it's not a handicap spot.
Each city is different and you'll have to look up the particular bylaw in that specific city. The city will have it's own regulations about how the signs and the spot is to be labeled. It's not uncommon for a sign to be the only indicator required for a handicap spot. So just because there isn't something on the ground doesn't mean it's not a handicap spot.
The minimum requirements for marking a disabled parking space are set out in the Highway Traffic Act regulation R.R.O. 1990, Reg. 581. Here is the link: http://www.ontario.ca/laws/regulation/900581 Toronto's by-law for the required design of a disabled parking space in off street parking lots is set out in municipal bylaw 903-12 schedule 1. It looks like the Toronto bylaw is a bit stricter then the minimum requirements set out in the HTA and does require pavement markings. So if no pavement markings exist then it looks like this spot is not properly marked according to the by-law. Here is the link to all of chapter 903: http://www.toronto.ca/legdocs/municode/1184_903.pdf
The minimum requirements for marking a disabled parking space are set out in the Highway Traffic Act regulation R.R.O. 1990, Reg. 581. Here is the link: http://www.ontario.ca/laws/regulation/900581
Toronto's by-law for the required design of a disabled parking space in off street parking lots is set out in municipal bylaw 903-12 schedule 1. It looks like the Toronto bylaw is a bit stricter then the minimum requirements set out in the HTA and does require pavement markings. So if no pavement markings exist then it looks like this spot is not properly marked according to the by-law.
Thanks Daggx for spreading some sunshine on this situation. So I went back today and took photos of the location, and there are no lines on the pavement, not even lines showing parking spaces. So if I take in my photos plus quote that by-law link, I should get off the charge correct?
Thanks Daggx for spreading some sunshine on this situation. So I went back today and took photos of the location, and there are no lines on the pavement, not even lines showing parking spaces. So if I take in my photos plus quote that by-law link, I should get off the charge correct?
I think you have a strong case. Given what you have said here I think you can make the argument that you parked in a place that you legitimately thought was not in the disabled parking spot and that had the legally required pavement lines been there this whole thing would not have happened. You will want to print off several copies of the bylaw and schedule 1 so that you can show both the JP and the prosecutor the sections that you are referring to when you make your case. Also I would file a request for disclosure after you get your court date. Some people don't bother to get disclosure for parking tickets but in this case I would as sometimes the enforcement officers will take pictures with disabled parking violations and you will want to get a look at those if they exist. There is a good template for filing a disclosure request here: http://www.ontariohighwaytrafficact.com/topic2959.html It is designed for speeding tickets but you can delete that stuff and simply put in that you would like a copy of the officer's notes and any photographic evidence they intend to use. Also If you are going to use your own photos take a look at this thread: http://www.ontariohighwaytrafficact.com/topic1765.html It goes through what you have to do to enter your own photos into evidence. Anyway good luck, keep us updated on how things are going, and feel free to post any follow up questions you have.
I think you have a strong case. Given what you have said here I think you can make the argument that you parked in a place that you legitimately thought was not in the disabled parking spot and that had the legally required pavement lines been there this whole thing would not have happened. You will want to print off several copies of the bylaw and schedule 1 so that you can show both the JP and the prosecutor the sections that you are referring to when you make your case. Also I would file a request for disclosure after you get your court date. Some people don't bother to get disclosure for parking tickets but in this case I would as sometimes the enforcement officers will take pictures with disabled parking violations and you will want to get a look at those if they exist. There is a good template for filing a disclosure request here: http://www.ontariohighwaytrafficact.com/topic2959.html It is designed for speeding tickets but you can delete that stuff and simply put in that you would like a copy of the officer's notes and any photographic evidence they intend to use. Also If you are going to use your own photos take a look at this thread: http://www.ontariohighwaytrafficact.com/topic1765.html It goes through what you have to do to enter your own photos into evidence. Anyway good luck, keep us updated on how things are going, and feel free to post any follow up questions you have.
Just Re-opining this thread. So I took pictures of the area on the next day after I received the ticket, but used my cell phone. I took pictures last night using the Court Guidelines (Raw Format, Time and Date Stamped, Etc.). Would they still be able to be used in court?
Just Re-opining this thread. So I took pictures of the area on the next day after I received the ticket, but used my cell phone. I took pictures last night using the Court Guidelines (Raw Format, Time and Date Stamped, Etc.). Would they still be able to be used in court?
Hey Everybody, 6 Months has passed and still have not recieved anything in the mail (knock on wood). Lets say this goes past 10 months and still no trial date set, can I file an 11b? Just curious as this might be a lot easier than actually going to trial?
Hey Everybody,
6 Months has passed and still have not recieved anything in the mail (knock on wood). Lets say this goes past 10 months and still no trial date set, can I file an 11b? Just curious as this might be a lot easier than actually going to trial?
Did you plead not guilty and request a trial? Toronto has a huge back log, especially for parking tickets and lots of people are getting trial dates 2 years later. You just wait for your notice of trial. Once you get it, you wait until about 3 weeks before the trial and file your 11b application.
Did you plead not guilty and request a trial?
Toronto has a huge back log, especially for parking tickets and lots of people are getting trial dates 2 years later. You just wait for your notice of trial. Once you get it, you wait until about 3 weeks before the trial and file your 11b application.
Update: Recieved my Notice of Trial today for the 16 of May, 2016. I filed my ticket, pleading not guilty on April 25, 2015. This puts me just over a year. Would an 11b still be possible for this?
Update: Recieved my Notice of Trial today for the 16 of May, 2016. I filed my ticket, pleading not guilty on April 25, 2015. This puts me just over a year. Would an 11b still be possible for this?
So I requested disclosure on Feb. 25th. Didn't receive anything. Filed a second disclosure request on April 5th, and still haven't received anything. I will file a third request either today or tomorrow. My trial date is on the 19th of this month. If I can get an adjournment, will that strengthen my case for an 11b?
So I requested disclosure on Feb. 25th. Didn't receive anything. Filed a second disclosure request on April 5th, and still haven't received anything. I will file a third request either today or tomorrow. My trial date is on the 19th of this month. If I can get an adjournment, will that strengthen my case for an 11b?
Once you get up in front of the JP you need to make sure that you clearly say: -how many requests you made -when you made them -and that you have not received disclosure yet (or you just got it within the last couple weeks) and therefore you have not had time to prepare your defense -you need an adjournment, which of course is inconvenient because you have to take another day off work to come back again -and given the number of requests you made, and the fact that the prosecutor knows full well they need to provide it in time, the delay should be against the prosecution and not you. If you can say all those things while in front of the JP, then they are "on the record" and will become part of the transcript that an appeal Judge will read when reviewing an 11b application. So the answer to your question is MAYBE it will help in an 11b.
Once you get up in front of the JP you need to make sure that you clearly say:
-how many requests you made
-when you made them
-and that you have not received disclosure yet (or you just got it within the last couple weeks) and therefore you have not had time to prepare your defense
-you need an adjournment, which of course is inconvenient because you have to take another day off work to come back again
-and given the number of requests you made, and the fact that the prosecutor knows full well they need to provide it in time, the delay should be against the prosecution and not you.
If you can say all those things while in front of the JP, then they are "on the record" and will become part of the transcript that an appeal Judge will read when reviewing an 11b application.
So the answer to your question is MAYBE it will help in an 11b.
I have received a $450 ticket for parking in a handicap loading zone. I did not see the sign and the pavement was not marked. I have lived in Toronto for 15 years and this is the first ticket of any kind I have received. My last ticket, in a different city, was over 20 years ago. I am always very careful about parking and traffic regulations.
I cannot afford to pay $450. I do not make a lot of…
Petition to change HTA 136 (1)(A)Failure to Stop at Stop Sign
Hello, it does not seem right that not coming to a complete stop, that your wheels do not stop turning or rolling stop carries the same penalty as not stopping at all at a stop sign . I think it's time this laws challenged and quashed. I wondered how to go both that? Can we start a website that we can sign a petition to have this law…
My 78 year old Mother got a ticket at 8am on March 31/09 as the morning sun was in her eyes and she (as well, many others), didnt see the sign ahead-"No straight throughway (between 7-9am Mon to Fri". (All english Sign might I add) at Dundas & Shaw. (**Proceed Contrary Sign Intersection -HTA-144(9).
4 months prior to her court date in November, I requested disclosure 3 times prior to her…
Reference is made in the HTA to Stop Signs at Railway Crossings (passive crossings):
HTA, 163 (2)
O Reg 615 (7)
However I cannot find specific regulation detailing how a railway crossing controlled by a stop sign must be configured.
The Ontario Traffic Manual, Book 11 - Markings and Delineation under section "3.9 Reserved Facility Markings - Railways" (p99) speaks to the needs for marking, but is…
I got a parking ticket on Halloween around 9pm for parking in front of a cross walk in a residential street. There's no sign or anything that says you can't park there.
You know the crosswalk/walkways in residential streets that are fenced on both sides and that simply lead you to another street on the other side is what I'm talking about.
The parking ticket officer must have seen me walk in…
So I was on my way home, going a solid 120 as usual in the fast lane. Someone decides to cut me off going less than 100. I do a quick double lane change and speed up unknowingly hitting apparently 150. After speeding for a mere 20 seconds, I am pulled over. Cop says he reduced the ticket to 49 over, I was charged $359 for that. Of course, my insurance isn't in my car... I had to take it out…
Hi, new at this and could use all the help and guidance..
My brother just got in an accident where he swerved to avoid hitting a squirrel and got in an accident. Luckily, no one was hurt as he did not hit another party so it was just our car (old car and it will be a write off). The cop issued a careless driving ticket - notice of appearance. I read a similiar thread about this but not sure if it…
There is some construction going on for the last three months and hence, the northbound right lane on airport road at queen street which exits is closed due to construction and they have put barriers. they have put the right turn sign on the adjacent lane in the black background. Also the right lane north of Queen Street at Airport road is closed and they have an arrow sign there which indicates…
I keep being told that if you are found to be driving with bare feet, you could be fined etc... but nowhere can I find the actual rule anyway. Does anyone know if this is truly illegal - or perhaps used to be? In summer, sandals being what they are, its much safer, in my opinion to kick them off and drive with bare feet.... but then I hate anything on my feet in hot weather!
I got pulled over yesterday on the Sir John A. Macdonald Parkway in Ottawa for going 106 km/h in a 60 zone. It was around noon, the weather was good and I was the only car on the road. He was hiding around a corner and was just stopped in the right lane (there are no shoulders on this road). I was alone in my car and neither of us said much, he didnt reduce my fine and gave me a ticket of a set…
I recently received a ticket from a military policeman on a military base in Ontario. Therefore, I was charged under the "Government Property Traffic Regulations" (GPTR), section 9. I know that some may say, why are you posting on a website for the HTA? Well, in Ontario, the military uses the Provincial Offences Act/Ontario Court of Justice for traffic tickets issued on a military base, i.e.…
For my first ever post, I'm going to ask for your own story dealing with a s.172 charge.
There is a lot of teeth grinding online about the street racing laws but few hands-on accounts from people who have been there and done that. I saw many posts from people seeking advice but few mention the actual outcome.
With about 1/3 conviction rate, there should be many success stories around. Even if you we…
... two cars pulled over, we (my wife and 7 month old boy) were passing a truck in the passing lane, first car passed me and I pulled out behind him. Crested a hill while on a curve, pass the truck and move back into the driving lane. Police officer shows up behind and pulls us both over. Gave me a ticket saying I was following the car in front doing 124km/hr.
We all know that numerous police agencies around Ontario (and world for that matter) set up speed traps in inconspicuous locations to catch motorists who are speeding.
If you know of any speed traps that are in regular use please post them here for all to know and avoid speeding fines.
Format: Town, Location, Direction, known days of operation (if known).
Sorry if this has been covered, but I searched and didn't find anything.
Just thought I'd share my recent experience.
Last Friday I was driving myself and my wife home from a nice dinner date in Markham/Richmond Hill north of T-DOT, and I had two (what looked like) ETF officers "tail" me home and park on my driveway.
I had been driving southbound and reached a red light stopped in the right…
I have my trial date coming up next week. I got a ticket in North Bay, ON for driving 139km/h on a 90km/h. He was using a Genesis II directional radar. Tested it before and after the stop according to the notes. In his notes, he mentions the speeds that were displayed on the radar which were 140, 141, and 139. In his notes, he also mentions that the color of my car was blue when it is…
I paid my fines for 2 tickets; fail to provide ownership and fail to provide insurence. I now know i should have checked not guilty and mailed them in.
(the papers were in the car. I was looking for them but was distracted by a badgering 2nd officer who was attempting to identify my passenger. I found them when i stopped for coffee later.)
Now that you actually opened this topic and I have your attention
Please read all items below 1 to 8
1) If YOU start a THREAD/DISCUSSION for an incident - KEEP on ONE THREAD, even for no activity for several months or even just to keep updates for court steps, stay on one thread
HOW DO I FIND MY POST? >> TOP right of page is the following: view unread posts / view new posts / view…
I plan to request disclosure through registered mail or fax. I've tried requesting in person but got rejected because they told me I did not provide sufficient information on my Disclosure Request letter.
My question is, do they really need the officer's name and division when I provided them with the Offence Number, Offence Date, Charge, Court Date, and Location? Also they said they do…
Been charged with Careless Driving in a residential area.
1. The Officer has a Witness statement. If the Witness does not appear at Trail, can that statement be introduced at Trial by the Crown and used against me.?
2. The Address "Number" (the Street is correct) on the infraction does not remotely exist, is an empty field. Does this matter?
Is there a requirement for commercial vehicles to be maintained only by licensed mechanics (e.g., oil changes, tire rotations)? I'm working with Habitat for Humanity and we are looking into a cargo van for the ReStore; I'm more than capable of doing maintenance but I'm not sure if it is legal because I am not a licensed mechanic.
which I had not search.
Now that you actually opened this topic and I have your attention 