“Received A Speed Camera Ticket - A Couple Of Questions”

Good evening, everyone. My wife received a speed camera ticket today. The ticket is for driving 54 km/h in a 40 km/h zone. She's planning to request an Early Resolution and I have a couple of questions.

Subsection 4 (4) of O. Reg. 398/19 states that the device must be tested and established to be accurate within 12 months preceding the date of the offence. Do we have the ability to request proof of that testing and certification as disclosure? I know the HTA states that the photos are basically proof of the offence and it's almost impossible to compel the officer to testify or to provide additional disclosure, but would certification of the device be an exception?

If I read Section 8 of the same regulation correctly, there must be signs notifying drivers of the presence of the camera in a Community Safety Zone. I believe this area is one; there is a large private school across from the intersection identified on the ticket and the ticket shows a set fine of $70. That's $5 per km/h over the limit, so that would also suggest a Community Safety Zone. If that's the case and there is no sign, would that preclude a conviction?

Any help would be appreciated. Many thanks.

Are you talking about a "GATSO", like a stationary dumb camera which uses radar/lidar or strips in the road. I don't see that an officer actually stopped you.

Is that not treated like a red light camera ?

They don't know who was driving, so fine but no conviction ?

Do they have a picture from the front with the driver ?

txs

That's exactly what it is. My wife was charged as the owner because the camera only captures the plate.

I have since found certification of the device's accuracy on the City's website and have clarified that these cameras are only used in Community Safety Zones. The set fine is $5 per km/h over the limit, so all my assumptions panned out.

We requested an early resolution meeting. So far, there's been nothing. Perhaps it will disappear into the COVID Court Black Hole.

no it wont there is a delay but eventually you'll get it. but of course you may get lucky, does that thing apply (forget what it's called) if you don't get charged within a reasonable time the courts fault, you get out of the ticket. speedy trial

I forget what it's called, section 19 ?

What I did, is I just paid the fine, the 2 photo's showed me going through a red and one pic showed a car a few feet away from me, almost t-boning me.

My thought was any prosecutor would have not been impressed

no conviction, I think all in it was around $400 something

I just paid it

Thanks for that reply, bobajob. I haven't been here in a while, so this is the first time I've seen it. There's still been no word regarding the Early Resolution request. Perhaps we'll eventually hear something.