Search found 11 matches
- Mon Oct 16, 2017 11:02 am
- Forum: Improper use of high occupancy vehicle lane
- Topic: got pulled over on a bridge bus lane in Ottawa
- Replies: 29
- Views: 9506
Re: got pulled over on a bridge bus lane in Ottawa
So I ended up missing the court date. I was expecting to receive a notice of conviction in the mail but when nothing arrived after a few weeks I called city to check the status of the ticket. They said "no funds owing" and instructed me to call the court and inquire. I called the court and the agent said that the ticket was withdrawn. Not sure why exactly, I guess I got lucky. If the officer didn't show up either would I still have gotten convicted in absence?
- Wed May 03, 2017 11:33 am
- Forum: Improper use of high occupancy vehicle lane
- Topic: Improper Use of HOV Lane on Interprovincial Bridge
- Replies: 14
- Views: 4524
Re: Improper Use of HOV Lane on Interprovincial Bridge
Was the officer present? Did you question him? Did you meet the prosecutor before the trial?
- Mon Apr 10, 2017 10:40 am
- Forum: Improper use of high occupancy vehicle lane
- Topic: got pulled over on a bridge bus lane in Ottawa
- Replies: 29
- Views: 9506
Re: got pulled over on a bridge bus lane in Ottawa
OP: S.182(2) is simply the Disobey Sign charge, same penalty, 2 demerit points. Where the OP has a better ground for negotiation is the 154.1 vs. 182(2) or NCCTPR 6. But even this is more or less a good ground because again, the idea is the disrespect of the HOV lane, which idea is the same whether you use 154.1, 6, 182(2) or even a By-Law. The only difference is the type of road, which is accessory to the action itself IMO. Hope this helps! What is the penalty for NCCTPR 6? From what I can see 182(2) is essentially the same fine carrying 2 instead of 3 demerits but since I live in Quebec I s...
- Fri Apr 07, 2017 10:12 am
- Forum: Improper use of high occupancy vehicle lane
- Topic: got pulled over on a bridge bus lane in Ottawa
- Replies: 29
- Views: 9506
Re: got pulled over on a bridge bus lane in Ottawa
But if I do show up and it's been six months and the original charge is still there, can they amend it once I ask the JP to quash it due to incorrect charge?Zatota wrote:You're right. I wasn't fully focused when I wrote that. The prosecutor can amend the charge at any time. What I meant to say was that if you do win, the prosecutor withdraws the charge, etc., you cannot subsequently be charged with the correct offence after six months.
If I were in your position, I wouldn't show up for trial. If the JP catches the incorrect section, he will quash the charge. If not, you'll win on appeal.
- Fri Apr 07, 2017 1:32 am
- Forum: Improper use of high occupancy vehicle lane
- Topic: got pulled over on a bridge bus lane in Ottawa
- Replies: 29
- Views: 9506
Re: got pulled over on a bridge bus lane in Ottawa
The charge probably should have been under s.4(1) of the NCCTPR. That subsection requires a driver to drive "in compliance with the laws of the province and the municipality in which the driveway is situated." That wording requires drivers to comply with the Ottawa by-law that governs the 3+ HOV lane on the bridge. HTA s.154.1 only deals with provincial HOV lanes, all of which are 2+. I'm not a lawyer or paralegal, but I would think that, so long as the trial is at least six months after the offence date, the OP will be free and clear. I'm a little confused about this 6 month cut of...
- Thu Apr 06, 2017 3:25 pm
- Forum: Improper use of high occupancy vehicle lane
- Topic: got pulled over on a bridge bus lane in Ottawa
- Replies: 29
- Views: 9506
Re: got pulled over on a bridge bus lane in Ottawa
I just want to clarify something: you were charged by Ottawa Police or RCMP? Thing is Portage Bridge is an NCC bridge that falls under the NCCTPR, not the HTA. OPS usually don't bother but RCMP will charge under the NCCTPR. As such you should have been charged under S.4(1) pursuant to the HTA S.154.1. Although all the other posts are correct in that this is not the appropriate section, it can be amended to reflect the proper section because S.4(1) allows a charge under any section of the HTA. It's kind of complicated but to keep it simple, chances are it will be amended before the JP, and the...
- Wed Apr 05, 2017 10:11 am
- Forum: Improper use of high occupancy vehicle lane
- Topic: got pulled over on a bridge bus lane in Ottawa
- Replies: 29
- Views: 9506
Re: got pulled over on a bridge bus lane in Ottawa
You need to read REG 620/05 High Occupancy Vehicle Lanes: https://www.ontario.ca/laws/regulation/050620 HTA S154.1 ONLY applies to small sections of Hwy 403, 404, 417 and QEW with regulatory HOV-lanes. During the Pan-Am Games they made temporary amendments to the law in order to enforce HOV-lanes. I do not understand why LEOs in ON write HTA tickets for HOV lane offences in inner-city roads; they have to write by-law tickets, in the Greater Toronto Area it's $65 set fine + $15 victim surcharge + $5 court fee = $85 total fine This by-law ticket does not affect your insurance or demerit points;...
- Wed Apr 05, 2017 1:13 am
- Forum: Improper use of high occupancy vehicle lane
- Topic: got pulled over on a bridge bus lane in Ottawa
- Replies: 29
- Views: 9506
Re: got pulled over on a bridge bus lane in Ottawa
First, I would like to ask where exactly this took place (i.e. name of the road/highway). In order for the charge to be valid, you need to have been on a King's Highway designated for HOV lanes. Check this: https://www.ontario.ca/laws/regulation/050620#BK10 and see if the road you were traveling on is listed there. (HOV lanes are only designated on certain sections of Highway 404, Highway 403, Queen Elizabeth Way, Highway 417) If you weren't traveling on one of those roads, you weren't traveling in an HOV lane as per section 154.1 of the Highway Traffic Act, and you were not charged with the ...
- Tue Apr 04, 2017 8:25 pm
- Forum: Improper use of high occupancy vehicle lane
- Topic: got pulled over on a bridge bus lane in Ottawa
- Replies: 29
- Views: 9506
Re: got pulled over on a bridge bus lane in Ottawa
It was a HOV lane. The sign says bus, taxi or vehicles with 3 or more occupants.
I read that document but there is no mention of Highway Traffic Act 154.1 in the agreement.
This is a list of traffic offences carrying demerit points in Quebec and there's nothing on HOV.
https://saaq.gouv.qc.ca/en/drivers-lice ... it-points/
I read that document but there is no mention of Highway Traffic Act 154.1 in the agreement.
This is a list of traffic offences carrying demerit points in Quebec and there's nothing on HOV.
https://saaq.gouv.qc.ca/en/drivers-lice ... it-points/
- Tue Apr 04, 2017 12:33 pm
- Forum: Improper use of high occupancy vehicle lane
- Topic: got pulled over on a bridge bus lane in Ottawa
- Replies: 29
- Views: 9506
Re: got pulled over on a bridge bus lane in Ottawa
Just to add to this, I live in Quebec but got the ticket in Ontario. This offence carries 3 demerit points in Ontario. How does that translate onto my Quebec driver's license?
- Tue Apr 04, 2017 12:04 pm
- Forum: Improper use of high occupancy vehicle lane
- Topic: got pulled over on a bridge bus lane in Ottawa
- Replies: 29
- Views: 9506
got pulled over on a bridge bus lane in Ottawa
Here's the situation: There's a set of traffic lights just before the bridge and I was in the left-most lane just before getting onto the bridge. At that point, the lane is open to all traffic but once on the bridge it becomes a reserved lane. The traffic was backed up in the middle lane the entire length of the bridge. At the lights the cars in the middle lane could not even get onto the bridge on a green light. So I got onto the bridge put my turn signal on and started looking for an opening but the cars were not even moving and I kept on going. I also had a bus behind me. The only option wa...