I've been helping friends and family fight photo enforcement tickets in Winnipeg. The city of Winnipeg is increasing revenue by putting the speed limit signs at proper height (following the MUTCD) and then putting the reduction signs too high and/or too far off the road. Also, not one speed reduction is dual signed (on both sides of a divided road) even for speed reductions on roads of up to 5 lanes in each direction. Every other sign is dual signed except the speed. The problem I keep running into is that the Manitoba HTA does not have any sections or regulations that apply to placement of road signs. So far, the verdicts are consistent that the signs don't have to meet any standards because the standards are not legislative. Ontario regulation 615 is what Manitoba needs and I have been in a meeting with the law reform board to try and get a similar regulation passed in Manitoba. I have measured every speed reduction sign in Winnipeg and they range from 0.7-4.8m high. That's almost twice the Ontario regulations. They are also up to 11.0m off the road. The MUTCD guidelines is 2.0-3.0m high and the city of Winnipeg has claimed in writing that they follow the MUTCD. Winnipeg also doesn't use confirmation signs before enforcement after a reduction. I just had a friend who presented a case that the reduction sign (50) was higher then MUTCD and the higher speed (60) was at perfect height. The road was also a divided arterial truck route that lacked dual signing at the reduction. He got a photo radar ticket for 63 in a 50 right after this reduction. The judge was sympathetic, but stated that basically her hands were tied because we have no regulations controlling sign placement in Manitoba, but if we had some case law from a Canadian jurisdiction that she could base her decision on, she might rule otherwise. Does anybody know of any cases that would help as case law to use in the appeal for this case? I'm thinking Ontario is the best place to look because of reg 615. So far, I haven't found anything on CanLii and it seems that sign placement is very rarely challenged in court. If anyone is interested in reading out the particular speed reduction that I have referenced above, Google "speed signs too high Winnipeg". The news story is from Feb, and the city still has not moved the sign while it continues to be the 2nd top speed camera in Winnipeg. Thanks for any help, Chris
I've been helping friends and family fight photo enforcement tickets in Winnipeg. The city of Winnipeg is increasing revenue by putting the speed limit signs at proper height (following the MUTCD) and then putting the reduction signs too high and/or too far off the road. Also, not one speed reduction is dual signed (on both sides of a divided road) even for speed reductions on roads of up to 5 lanes in each direction. Every other sign is dual signed except the speed. The problem I keep running into is that the Manitoba HTA does not have any sections or regulations that apply to placement of road signs. So far, the verdicts are consistent that the signs don't have to meet any standards because the standards are not legislative. Ontario regulation 615 is what Manitoba needs and I have been in a meeting with the law reform board to try and get a similar regulation passed in Manitoba. I have measured every speed reduction sign in Winnipeg and they range from 0.7-4.8m high. That's almost twice the Ontario regulations. They are also up to 11.0m off the road. The MUTCD guidelines is 2.0-3.0m high and the city of Winnipeg has claimed in writing that they follow the MUTCD. Winnipeg also doesn't use confirmation signs before enforcement after a reduction. I just had a friend who presented a case that the reduction sign (50) was higher then MUTCD and the higher speed (60) was at perfect height. The road was also a divided arterial truck route that lacked dual signing at the reduction. He got a photo radar ticket for 63 in a 50 right after this reduction. The judge was sympathetic, but stated that basically her hands were tied because we have no regulations controlling sign placement in Manitoba, but if we had some case law from a Canadian jurisdiction that she could base her decision on, she might rule otherwise. Does anybody know of any cases that would help as case law to use in the appeal for this case? I'm thinking Ontario is the best place to look because of reg 615. So far, I haven't found anything on CanLii and it seems that sign placement is very rarely challenged in court. If anyone is interested in reading out the particular speed reduction that I have referenced above, Google "speed signs too high Winnipeg". The news story is from Feb, and the city still has not moved the sign while it continues to be the 2nd top speed camera in Winnipeg.
pulled over leaving a survey in guelph. After arguing with the officer for about 10 minutes, he mentioned something being wrong with my truck. Told me to put on my emergency brake, and i did. Told me to put it in gear, and i did, truck did not move. Told me to hit the gas, and i did and the truck…
Got two very heavy tickets -- for failing to stop for a school bus, and for using a handheld device. Was running late in a morning rush traffic in Toronto and apparently passed a school bus on the opposite side w/o noticing its signal. A few meters after that I stopped behind the other cars waiting…
I recently received a ticket for proceeding contrary to sign at an intersection. While there are other issues with the offence (sign is not visible until 10ft from intersection, officer wrote wrong license plate number on ticket) my biggest question is about the sign itself.
I posted here a *while* back when I first got my speeding ticket, and I've been fighting it forever. Anyway, long story short - I went and had an appeal and both the prosecutor and the Judge agree that I have valid grounds to appeal on, but what we're arguing is whether the correct remedy is a…
My wife had an auto accident back in May. It is gradually being dealt with by our insurance company ( by the broker actually). My question is about the legal power of the insurance code OAP1. Evidently this set of rules is the Ten Commandments for the insurance companies and the adjustors seem to…
What is the requirement for stopping when a school bus is traveling down the roadway, initiates the flashing red lights while still moving but has not yet stopped? If a motorist is traveling through an intersection (through the free-flow approach, minor-street stop controlled) and an oncoming…
In 2005, the government passed legislation that enabled the introduction of variable speed limits at some point in the future. It didn't take effect right away, so it sat waiting for "proclamation by the Lieutenant Governor." Just by chance... I was reading the HTA earlier while browsing this…
I was on my way to work on a divided four lane highway. I was in the right hand lane following the flow of traffic. There was a slower car ahead of me and I wanted to change lanes and maintain my speed. When I looked in my left side mirror, I notice a red car going pretty fast in the passing…
So i got charged with Hand Held Device, just want to ask everyone if i could use this as my defence
It was midnight, I was dropping my fiance to pick up something on north bound Yonge st (near church) with my emergency lights on, Officer came and asked me to move along so i went up a few streets and…
