Topic

Does The Highway Traffic Act Apply To Opp ?

Author: Twojacks


Post Reply
Twojacks
Newbie
Newbie
Posts: 1
Joined: Thu Jan 28, 2016 10:33 am

Does The Highway Traffic Act Apply To Opp ?

Unread post by Twojacks »

My understanding is that the Highway Traffic act applies to all licensed vehicle using the highways including the police. I believe they have some exemptions such as in case on emergency situations. Does anyone know where this is stated in the act?

I have a case where the officer was monitoring a 4 way stop intersection and he was parked facing oncoming traffic . I believe anyone parked in this position would be an offence under the act. It's a requirement to be parked on the right side of the highway parallel to the edge of the roadway.

So what I am trying to determine if the police are subject to the same rules and regulations as private citezens and where this is found in the act?

User avatar
Decatur
Moderator
Moderator
Posts: 754
Joined: Mon Mar 14, 2011 11:31 am

Posting Awards

Moderator

Re: Does The Highway Traffic Act Apply To Opp ?

Unread post by Decatur »

Parking would be a violation of a bylaw, not the HTA. Most municipalities also have exemptions for police under the bylaws. You'll have to check the parking bylaw for the municipality where this occurred.

jsherk
High Authority
High Authority
Posts: 1722
Joined: Thu Jul 26, 2012 1:18 pm

Re: Does The Highway Traffic Act Apply To Opp ?

Unread post by jsherk »

Unfortunately our system has different rules for different people.


If you have proof (video is best) of an officer breaking the law in some way that there is no exemption for, then you either need to find another police officer or bylaw officer that is willing to lay the charge (good luck with that), or meet with a Judge/JP and lay private charges.

+++ This is not legal advice, only my opinion +++
iFly55
Sr. Member
Sr. Member
Posts: 569
Joined: Mon Nov 29, 2010 7:08 pm

Posting Awards

Re: Does The Highway Traffic Act Apply To Opp ?

Unread post by iFly55 »

More importantly, how he was parked does not affect the outcome of any stop-sign charges he laid that day.


I recently had a similar discussion, where someone advised me the officer was parked in front of a fire hydrant while doing speed enforcement. Cool story bro?

OPS Copper
Sr. Member
Sr. Member
Posts: 355
Joined: Thu Aug 27, 2009 10:06 pm

Re: Does The Highway Traffic Act Apply To Opp ?

Unread post by OPS Copper »

There is no provision to lay a private information for HTA and by-law stuff. I is only for criminal offenses.



Police are exempt while in the course of their duties. Therefore doing stop sign enforcement is in the course of their duties.


ops

Post Reply
  • Similar Topics

Return to “Failing to obey signs”

Who is online

Users browsing this forum: No registered users and 6 guests