New Speed Trap Regulations

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Cynthia
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New Speed Trap Regulations

Unread post by Cynthia »

I was advised that back in May new regulations came down for all law enforcement officers regarding "speed trapping"

They are not allowed to park at the top, or the bottom of a hill and "trap" drivers in this manner. I need help finding this info so I may print it out. This is needed in writing by Wednesday. Trying to help my daughter fight a ticket.

Please advise. My Thanks.

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Decatur
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Unread post by Decatur »

I know of no such provincial regulation that would prohibit the use of radar in these locations. Could it just be a local agency policy?

Cynthia
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Unread post by Cynthia »

This new mandate came out back in either May or June for all law enforcement. Not just localized.

How do I find this update to the traffic act so I can print it??

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Decatur
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Unread post by Decatur »

Like I said, I've never seen or heard of a new province wide regualtion that would prohibit officers from setting up radar at the top of or bottom of a hill.

I don't believe it exists. A speed limit is a speed limit, regarless of whether there is a hill or not.

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Unread post by OPS Copper »

Ok One more time there is no such regulation that prohibits where speed enforcement can take place.


Note i am only speaking of Ontario, Perhaps it is a USA regulation as we get a lot of our media from the USA.


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Stanton
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Unread post by Stanton »

The only act that Im aware of governing police conduct in Ontario is the Police Services Act.


http://www.canlii.org/en/on/laws/stat/r ... c-p15.html

You can look through the various regulations, but as stated above there are none that would appear to govern speed enforcement.


As OPS Copper said, many US states such as California and Georgia have limits on where speed enforcement can be conducted, but none apply in Ontario.

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hwybear
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Unread post by hwybear »

Cynthia wrote:It would fall under "speed entrappment".

"entrapment" = telling someone to break the law and then charging them

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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Radar Identified
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Unread post by Radar Identified »

As the others have said, no new regulations came into effect in Ontario. It's probably one of those internet rumours... the first clue was that "it applied to all traffic enforcement, not just localized." You can get the latest version of the Ontario Highway Traffic Act here:


http://www.e-laws.gov.on.ca/html/statut ... 0h08_e.htm

But it does not prescribe how to conduct traffic enforcement and the only "regulations" concerning it actually come from court rulings, individual police service directives, and operator's manuals. If you're helping your daughter fight a speeding ticket, the best thing to do is request disclosure and get the officer's notes and the radar/laser manual. From there, you can see if there's a possibility of fighting the charge outright, or if a plea bargain would be a better idea.

* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
G35Dalf
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Unread post by G35Dalf »

I can't see how speeding down a hill and a cop catches you at the bottom, would constitute entrapment. You take your foot off the gas peddle and/or use the brake to ensure you're at or below the speed limit. If you're over the limit, that's your fault, as you should be in control of your vehicle at all times.

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