Going the wrong way on a one-way road - Highway Traffic Act section 153
viper1
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1 Way Street What Is It?

by: viper1 on

Emily street in Toronto has a 1-way sign at the end near king street.


I was about half way up and did a 3 point turn.(the cop said that)

There are no do not enter sign.s on the street.


Only the 1-way at the king street entrance.


What is the definition off a 1-way street.


I am going for disscloser tomorrow.


Any help

Thanks

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by: lawmen on

Meaning of "designated", ss. 141, 153 and 154


152. For the purposes of sections 141, 153 and 154,


"designated" means designated by the Minister or by any person authorized by him or her to make the designation or designated by by-law of a municipality. R.S.O. 1990, c. H.8, s. 152.


Highway designated for one-way traffic


153. Where a highway has been designated for the use of one-way traffic only and official signs have been erected accordingly, vehicles and street cars shall be driven only in the direction so designated. R.S.O. 1990, c. H.8, s. 153.



"highway" includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof; ("voie publique")

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hwybear
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by: hwybear on

viper1 wrote:What is the definition off a 1-way street.

I almost fell off my chair.....unbelievable, :shock: mind boggling.


From Bookm....google friend "A one-way street is a street on which vehicles should only move in one direction."

Last edited by hwybear on Tue Oct 21, 2008 7:52 pm, edited 1 time in total.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
viper1
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by: viper1 on

Glad I made you laugh.lol


Google map 180 wellington street west toronto.(you will see emily to the right)

The streets nearby (wellington,simcoe,adailade etc all have the one-way arrows.


Emily does not.

it has a stop sign at each end. The north end has a 1-way arrow and the is the only sign like that.( I believe it is to stop entry from king street)


I entered from the south-end and went half way up and parked.

I then did a 3 point and went south to the stop-sign there.On the way I passed a cop.


She raced around and caught me over on John street. She said I was going the wrong past her.

I said there is a stop sign there so why can't I use the street both ways?

She says I cannot do that.


Very funny to me too but she still gave me a ticket.


The description of what is a 1-way is what I needed to tell the D.A.

I have to explain that the street is not 1-way.


sorry about you falling off your chair.


I will add "read at your own risk" to my signature haha



You see I have to prove the cop can't read the sign.



Cheers

Viper1

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hwybear
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by: hwybear on

It does not show any directional arrows when I used the Bookm Google Map Friend :) OR when I used mapquest.


I tried another site called multimap. It shows the northbound one way traffic arrows on Emily Street.


Sure is weird to see a stop sign if you are going the wrong way on a one way!

Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
lawmen
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by: lawmen on

Some one way streets have laneways that cross them in the middle of the one way street, but there is no one way sign when you exit the laneway onto the street.


Thus if youre not aware it is an one way street, you could turn the wrong way when exiting the laneway and only realize after youre on the street that all the cars parked on both sides of the street are facing the opposite direction of your travel. I personally encountered such a situation in Chicago. It also had a stop sign at both ends of the one way street, so there may be some reason why they do this.

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viper1
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by: viper1 on

lawmen wrote:Some one way streets have laneways that cross them in the middle of the one way street, but there is no one way sign when you exit the laneway onto the street.


Thus if youre not aware it is an one way street, you could turn the wrong way when exiting the laneway and only realize after youre on the street that all the cars parked on both sides of the street are facing the opposite direction of your travel. I personally encountered such a situation in Chicago. It also had a stop sign at both ends of the one way street, so there may be some reason why they do this.


People park on this street facing both ways.


The cop even mentioned it.


Even the no parking signs are facing the other way.(like on a 2-way street),(on each side that is)


The earlier post noted that the street must be clearly marked.

Emily street is not marked except at the north exit.



Thanks for the pointers


Chers

Viper1

lawmen
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by: lawmen on

It sounds like the street was once a two way street then converted into a one way street but the signs were never removed.


Take picutres of the signs if you are fighting this in court. Be sure to take the pictures yourself, though, otherwise you'll need the person who took the pictures to appear in court with you.


Good luck!

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Bookm
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by: Bookm on

I believe the stop signs are placed as a cheap way to prevent serious accidents should a driver not realize he is going the wrong way on a one-way street.


Two of the houses I grew up in were on one-way streets. We always reminded company about it before they left the house. There is nothing scarier than watching a car at speed confidently head the wrong way toward an intersection. These stop signs may confuse us a tad, but they would save lives and help trigger a motorist to the one-way signs once stopped at the intersection.

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by: ticketcombat on

It's been awhile since I parked on Emily (I used to work near there 10 years ago. I don't think it's changed since then.) Emily is unusual in that it is a small street and it becomes one way just north of the loading zone on the south end of it. So the the north 2/3 part of the street is one way, the south 1/3 part is 2 way. That's why there are stop signs on both ends.


Take a breath and try the bilingual argument (see my sight, Step 5-->bilingual defence) to fight this ticket. I think it's the only option you have if the cop saw you making a 3-pter in the one way part of the street.


Also disclosure (don't ask for it) should provide the by-law for the street's direction. If you don't get it, then there's no evidence against you.


Good luck and good fight!

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viper1
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by: viper1 on

ticketcombat wrote:It's been awhile since I parked on Emily (I used to work near there 10 years ago. I don't think it's changed since then.) Emily is unusual in that it is a small street and it becomes one way just north of the loading zone on the south end of it. So the the north 2/3 part of the street is one way, the south 1/3 part is 2 way. That's why there are stop signs on both ends.


Take a breath and try the bilingual argument (see my sight, Step 5-->bilingual defence) to fight this ticket. I think it's the only option you have if the cop saw you making a 3-pter in the one way part of the street.


Also disclosure (don't ask for it) should provide the by-law for the street's direction. If you don't get it, then there's no evidence against you.


Good luck and good fight!


I thought the same about the 1/2 1-way stuff.

There is no sign anywhere there.(not or for years)


Where could I find this by-law? Any idea?


I am gonna take a short video of all of the street.

Question: In court do I need to bring the T.V.?


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ticketcombat
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by: ticketcombat on

Where could I find this by-law?
You don't. The prosecutor has to file the by-law in court. They should release it to you when you request disclosure. DO NOT REQUEST THE BY-LAW!!! If you do, they'll give it to you. Instead, request disclosure and when they forget to give it to you and try to file it in court, argue improper disclosure.


I am gonna take a short video of all of the street.

Question: In court do I need to bring the T.V.?

I think the court administration handles that, but a picutre(s) will do. As long as the photographer is in court, that should be sufficient.


There is no sign anywhere there.(not or for years)
I admit I haven't driven by there in awhile but are you absolutely sure of this? I remember a one way sign visible from King St. and I remember a "One way begins" sign just north of the loading area on the west side lamp post. There used to be construction there over the years and sometimes the scaffolding obscures the sign.

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hwybear
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by: hwybear on

ticketcombat wrote:
Where could I find this by-law?
You don't. The prosecutor has to file the by-law in court. They should release it to you when you request disclosure. DO NOT REQUEST THE BY-LAW!!! If you do, they'll give it to you. Instead, request disclosure and when they forget to give it to you and try to file it in court, argue improper disclosure.

Why do they have to provide a copy of the bylaw? Reason I'm asking is every offence I have ever issued, I don't photo copy the Act or section.

Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
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ticketcombat
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by: ticketcombat on

Why do they have to provide a copy of the bylaw?
I cover this in more detail on my site (Step3-->Find the Act). Basically municipalities enact by-laws regulating speed, parking, turns, etc. Then they erect the sign. The sign is meaningless without the by-law. Typically the prosecutor will submit the whole by-law (must be a certified copy) at the beginning of the court session as most offences that day will be prosecuted under it.


Example, you stop a speeder for doing 70km/h in a 50. Fify is the default speed in built up areas. No by-law needed.


Example, you stop a speeder for doing 60km/h in a 40. The 40km/h speed is created by a by-law and it has to be submitted in court. You would never have to copy it yourself. You're ticketing based on the sign. The prosecutor has to submit a certified copy of the by-law that was in effect on the day of offence.

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by: viper1 on

I finally got my notice to appear.

September 2009.


I went back to the scene and took a few pictures.


My !@3#4$(0_+ camera resets the date every time I re-charge the batteries.


I did not know this.


The pictures I took have the date 2005 on them.


Can this be an issue?

The date stamp I mean.


Cheers

Viper1

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