Another thing is that I was not happy with one of these Traffic Tickets companies. I paid them $500 to help me in court with this case and they did not do anything...
First they did not know anything about demerit points for cyclists as you do and second they have done what I could of done by myself- speak to Justice of Peace and reduce this (pleaded guilty) from "Fail to Remain" to "Fail to Report", saying to me that it is "better deal". I could not see this being better deal as both of them are Major Offences and both stay 5 years on driver record...
There is a saying exist- if you want to do things properly- do it yourself!
You havenÃ¢Â€Â™t mentioned the sections or Acts you are referring too.
Under s. 1(1) of the HTA,
a bicycle is defined as a vehicle; not a motor vehicle. By definition, a "vehicle" includes a "motor vehicle" but a 'motor vehicle" does not include a "bicycle."
Failing to remain at the scene of an accident falls s. 252 of the Criminal Code.
Failing to remain under s. 252 only applies to a motor vehicle, not a bicycle. A motor vehicle as defined under the Code
does not include a bicycle and the motor vehicle definition under the Code
only applies to the Code
; it does not appy to the HTA.
Duty to Report an accidents falls under s. 199 of the HTA.
Section 199 only applies to motor vehicles; not a bicycle. Again, a bicycle under the HTA
is not a motor vehicle, itÃ¢Â€Â™s a vehicle.
If s. 199 is the provision you are referring to when you say Ã¢Â€ÂœFail to Report,Ã¢Â€Â
than your son cannot be convicted because s. 199 does not apply to your son or a bicycle.
Highway Traffic Act
1. Ã¢Â€ÂœbicycleÃ¢Â€Â includes a tricycle and unicycle but does not include a motor assisted bicycle;
Ã¢Â€Âœmotor vehicleÃ¢Â€Â includes an automobile, motorcycle, motor assisted bicycle unless otherwise indicated in this Act, and any other vehicle propelled or driven otherwise than by muscular power
, but does not include a street car, or other motor vehicles running only upon rails, or a motorized snow vehicle, traction engine, farm tractor, self-propelled implement of husbandry or road-building machine within the meaning of this Act;
Ã¢Â€ÂœvehicleÃ¢Â€Â includes a motor vehicle,
trailer, traction engine, farm tractor, road-building machine, bicycle
and any vehicle drawn, propelled or driven by any kind of power, including muscular power, but does not include a motorized snow vehicle or a street car;
Duty to report accident
199. (1) Every person in charge of a motor vehicle
or street car who is directly or indirectly involved in an accident shall, if the accident results in personal injuries or in damage to property apparently exceeding an amount prescribed by regulation, report the accident forthwith to the nearest police officer and furnish him or her with the information concerning the accident as may be required by the officer under subsection (3)
2. "motor vehicle"
means a vehicle that is drawn, propelled or driven by any means other than muscular power
, but does not include railway equipment;
Failure to stop at scene of accident
252. (1) Every person commits an offence who has the care, charge or control of a vehicle, vessel or aircraft that is involved in an accident with
(a) another person,
(b) a vehicle, vessel or aircraft, or
(c) in the case of a vehicle, cattle in the charge of another person,
and with intent to escape civil or criminal liability fails to stop the vehicle, vessel or, if possible, the aircraft, give his or her name and address and, where any person has been injured or appears to require assistance, offer assistance.
(1.1) Every person who commits an offence under subsection (1) in a case not referred to in subsection (1.2) or (1.3) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years or is guilty of an offence punishable on summary conviction.