Do not drive through the intersection - 182(2)

def
Newbie
Newbie
Posts: 6
Joined:

Do not drive through the intersection - 182(2)

Unread post by def »

Hi all,

Please advice on this ticket:
Disobey sign 182(2) ("do not drive through the intersection" - Mon-Fri 4PM-7PM).
Got it at 6.20 PM...

My points for defence:
- the signs (2 of them, both sides of the street) erected _after_ the intersection
- I was driving West, it was sunny evening and I havent seen the signs (which is true, BTW)

Please help, thank you!


User avatar
hwybear
Moderator
Moderator
Posts: 2933
Joined:
Location: In YOUR rearview mirror!

Unread post by hwybear »

Defence of sunshine...good luck...stupid sun :roll:

Placement of sign...HTA Oreg 615 does not stipulate where those types of signs are placed.......however common sense comes in and the signs are always on the hydro poles on the opposite side of the intersection. This is if traffic is stopped (by stop sign, or traffic control signal) that all drivers can still see the signs
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


def
Newbie
Newbie
Posts: 6
Joined:

Unread post by def »

well... make sense...

Believe me or not - placing sign "do not drive through intersection" after the intersection seems weird to me :? (I am less than 2 years in Canada)

However, how I can get rid of this ticket? Any ideas?

Thank you.


lawmen
Sr. Member
Sr. Member
Posts: 256
Joined:
Location: Planet X

Unread post by lawmen »

The sign is in this matter is found at s. 22(7) in Regulation 615.

http://www.e-laws.gov.on.ca/html/regs/e ... e.htm#BK23

Section 45 artculates where the sign can be posted. Since the sign was erected in accordance with section 22, s. 49 governs the sign requirments and if the sign does not meet the requirements of s. 49 then the sign is invalid and unenforcable.

22(7) Every sign that restricts a vehicle from proceeding straight through an intersection shall,

(a) be not less than 90 centimetres in height and not less than 60 centimetres in width; and

(b) include the markings and the dimensions as illustrated in the following Figure:

Section 45, 47 and 49 expressly states;

45. A sign prescribed by this Regulation, other than a sign prescribed by section 13, 14, 15, 24, 25, 26 or 27, shall be so placed as to be visible at all times for a distance of at least 60 metres to the traffic approaching the sign. O. Reg. 175/08, s. 15.

47. Where the characteristics of a highway make it impracticable to place a sign or pavement markings as specified in this Regulation, the sign or pavement markings shall be placed so as to comply as nearly as practicable with those requirements. O. Reg. 699/92, s. 5.

49. Where a sign is erected in accordance with sections 21, 22, 23 and 34, the sign is internally illuminated, or changed by means of dot or disc matrix or louvers, the sign shall only be legible to approaching drivers during the time of operation and shall comply as nearly as practicable with those requirements and dimensions as prescribed. R.R.O. 1990, Reg. 615, s. 49.
Without Justice there's JUST US


User avatar
hwybear
Moderator
Moderator
Posts: 2933
Joined:
Location: In YOUR rearview mirror!

Unread post by hwybear »

Image

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


User avatar
Reflections
Moderator
Moderator
Posts: 1490
Joined:
Location: somewhere in traffic

Unread post by Reflections »

Just when I thought we got rid of Cam Wooley...............
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


User avatar
ticketcombat
Sr. Member
Sr. Member
Posts: 486
Joined:
Location: Toronto
Contact:

Re: Do not drive through the intersection - 182(2)

Unread post by ticketcombat »

def wrote:Please advice on this ticket:
Disobey sign 182(2) ("do not drive through the intersection" - Mon-Fri 4PM-7PM).
I'm not allowed to link to it directly but try the bilingual defence (See my site, Step 5 -->bilingual defence). If you were in one of the 26 designated areas of the province AND the sign was unilingual, then you've got a great shot at fighting your ticket.

To all the regulars on this board: I don't know how it ended up that today I posted at least five responses that mention the bilingual defence. I don't want to sound like a broken record, but sheesh, if it fights the ticket, then why not use it?!?
Fight Your Ticket!


def
Newbie
Newbie
Posts: 6
Joined:

Unread post by def »

Thanks to everybody who answered. So far I hired paralegals to take care of the ticket, will let you know how it ends.


def
Newbie
Newbie
Posts: 6
Joined:

Charge withdrawn

Unread post by def »

Charge withdrawn after waiting over one year in the city court.


User avatar
ticketcombat
Sr. Member
Sr. Member
Posts: 486
Joined:
Location: Toronto
Contact:

Unread post by ticketcombat »

And congratulations on this one too!
def wrote:Charge withdrawn. Thanks to paralegals.
Fight Your Ticket!


Post Reply

Return to “Failing to obey signs”