“Question About Part 6 Equipment - 62(1)”

Hi All,

I got my first ticket the other day for not having my headlights on at night. I had pulled out of a gas station and was driving for maybe about 2 minutes when a cop saw me and pulled me over. He gave me a $85/$110 ticket, no points, for "Drive without proper headlights - motor vehicle" 62(1).

I think I am going to fight it mostly just because I don't want it on my record for insurance to see, and of course on the off chance the cop doesn't show.

My question though is in the actual wording of 62(1).

"62(1): When on a highway at any time from one-half hour before sunset to one-half hour after sunrise and at any other time when, due to insufficient light or unfavourable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 150 metres or less, every motor vehicle other than a motorcycle shall carry three lighted lamps in a conspicuous position, one on each side of the front of the vehicle which shall display a white or amber light only, and one on the rear of the vehicle which shall display a red light only. R.S.O. 1990, c. H.8, s. 62 (1)."

When it states 'highway', does that mean any road way or are they specifically talking about highways. I believe the road I was on was 4 lines wide, 2 each side, and it was not a main road.

If it comes down to it, would arguing the wording get me anywhere, or is this pretty standard? A friend of mine got pulled over for this but just got a warning and was told to make sure they were on. Since this is my first offense, what are my chances for leniency at court?

Thank you for any help, or advice.

Cheers

paulm5974 wrote:When it states 'highway', does that mean any road way or are they specifically talking about highways. I believe the road I was on was 4 lines wide, 2 each side, and it was not a main road.

"highway" includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof; ("voie publique")

Either your lights were on or they weren't. Not much you can do here.

Ask the Officer from what distance you were observed.

If the answer is greater than 150 meters then you have won. (Not really though ) (As your lights must be on 30+/- of dawn and dusk)

persons and vehicles on the highway are not clearly discernible at a distance of 150 metres