“Improper Use Of Hov Lane”

Hello everyone.

Last July in the midst of horrific traffic while attempting to get to my 1 year old daughter and my wife who were at a doctor's office I committed the offence of having used the HOV lane to try to get around full stop traffic while being the only individual in the car. (or so says my ticket)

I was given a ticket by a Metro Police Officer on the ramp between the 404 southbound and the 401 Westbound (HOV). The ticket says it's contrary to the Highway Traffic Act section 154.1(3).

The question I need to find the answer to is whether the officer was enforcing within his jurisdiction. As per my understanding I had thought that the OPP was responsible for 400 series highways and I had thought this extended to the on/off ramps. This section was in fact a ramp between two 400 series highways as well.

Any insight on the matter would be appreciated, especially if you know where to find supporting documentation on the matter. I have made a court date which is set for the 20th of July (one year plus a day from when the ticket was issued) and will make an appointment with the Crown once I've gotten a better understanding of all the circumstances and laws about the ticket.

I've been able to find and read the section in the Highway Traffic Act which I've been charged with transgressing, but cannot find the laws governing who may enforce the lane.

Any Police Officer in Ontario can enforce OHTA anywhere in Ontario. TPS cops can enforce on the 400s, and OPP can enforce on the Steeles Ave.

Every day either my wife or I take that 404 south HOV lane to the DVP south to take the kids to school. I can't tell you how many times I've had to pound on the brakes or swerve to the concrete barrier to my left because some (deleted) decides to cut over from stopped traffic while I'm doing 80-100 k/mh

because they can't wait in their lane. I just wish the police were there every day and not once in a while.