Failure to stop for railway signal in Montreal, Quebec

fliguy
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Failure to stop for railway signal in Montreal, Quebec

Unread post by fliguy on

I just got a ticket for not stopping when the railway lights started going in Montreal. I had started driving before the lights started, of course the officer said that I started driving after the lights. The cop was parked on the complete opposite side of the crossing and it's a very wide intersection. You can't even see where he was parked until you're half way through the crossing, so I don't see how he could see when you leave the stop. I'm not that concerned about the fine, but I see 3 demerit points. Do these transfer to my Ontario license? I notice the ticket doesn't have my license number anywhere on it, it just has my name, address and plate number. The Postal code is missing as well. What do I do here? Just to save the hassle I don't mind paying the fine, but I don't want the 3 demerit points. Thank you for your input.


jsherk
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Unread post by jsherk on

This forum mostly deals with the Ontario Highway Traffic Act. But maybe somebody will know something about Quebec to help you out. What is the exact charge/section number?
+++ This is not legal advice, only my opinion +++


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Unread post by fliguy on

jsherk wrote:This forum mostly deals with the Ontario Highway Traffic Act. But maybe somebody will know something about Quebec to help you out. What is the exact charge/section number?
I am an Ontario driver, that's why I was wondering the best way to handle it. The ticket says Highway Safety Code c. C-24.2 Sect 411 Def. Code: CO Code P248


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Unread post by jsherk on

So it says:
411. At a level crossing, the driver of a road vehicle or any person riding a bicycle must stop his vehicle not less than 5 metres from the railway where a sign or signal, a lowered gate or a railway employee signals an approaching rail vehicle, or where the driver or cyclist sees or hears a rail vehicle approaching the level crossing.

Quebec has a different law system... don't ask me to explain it, I just know it is different as it is based on laws out of France instead of laws out of England.

If it was an Ontario court, I would take pictures of the area, including pics from where the officer was positioned showing that he could not possibly have seen whether you started to proceed before the lights were flashing or not. This would be great "reasonable doubt" and probably win the case. But I am not sure how the Quebec court system works so you would probably need to hire a lawyer to fight it for you.

If you just plead guilty and pay it, it will probably affect your insurance and may cost you some demerit points as information from Quebec is shared with Ontario.
+++ This is not legal advice, only my opinion +++


fliguy
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Unread post by fliguy on

jsherk wrote:So it says:
411. At a level crossing, the driver of a road vehicle or any person riding a bicycle must stop his vehicle not less than 5 metres from the railway where a sign or signal, a lowered gate or a railway employee signals an approaching rail vehicle, or where the driver or cyclist sees or hears a rail vehicle approaching the level crossing.

Quebec has a different law system... don't ask me to explain it, I just know it is different as it is based on laws out of France instead of laws out of England.

If it was an Ontario court, I would take pictures of the area, including pics from where the officer was positioned showing that he could not possibly have seen whether you started to proceed before the lights were flashing or not. This would be great "reasonable doubt" and probably win the case. But I am not sure how the Quebec court system works so you would probably need to hire a lawyer to fight it for you.

If you just plead guilty and pay it, it will probably affect your insurance and may cost you some demerit points as information from Quebec is shared with Ontario.
That's exactly what it says on it. I'm definitely going to take some pictures of both sides of the intersection and just try to fight it. It looks like I need to be more concerned about the conviction than the demerit points as far as my insurance is concerned. Thank you for your input.


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Unread post by bend on

fliguy wrote:I'm not that concerned about the fine, but I see 3 demerit points. Do these transfer to my Ontario license?.
There's a reciprocal agreement in place. If the charge is deemed to be transferable between provinces, they'll treat it as if it happened here.

You can read the agreement here and check if it applies to your charge.


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Unread post by ynotp on

The way I read the agreement it does not mention railway crossings.


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Unread post by fliguy on

ynotp wrote:The way I read the agreement it does not mention railway crossings.
This is the other thing I'm wondering about, is this offense seen as failure to stop at a red light or something like that.


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Unread post by Radar Identified on

Just a heads-up, Quebec's traffic ticket court system is very complicated. If you're contesting any ticket in Quebec, I'd recommend consulting with some sort of legal representative who has experience with the Quebec system. For example, in Ontario if the officer doesn't show up, the Prosecutor will usually withdraw the charge - but that's not the case in Quebec. In Quebec, the officer's notes can be entered as evidence without them attending, you have no opportunity to cross-examine and the judges usually side with the notes!

You could take your chances that the information won't be transferred, but if it is, you get 3 demerit points plus the insurance hit.
* 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


fliguy
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Unread post by fliguy on

Does anybody know if this type of ticket is looked at as running a stop sign, or a stop light? I'm trying to figure out if insurance looks at this as a major offence, or a minor one.


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Unread post by bend on

Railway crossing infractions (any type) will usually count as a minor conviction. So would disobeying traffic signs, signals, or regulating lights unless it involves a school bus or school crossing.






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