OHTA.ca

So i was driving on Eglinton Avenue East near Rosemount Ave.

The school bus was on the the curb on the opposite side of the road while i was travelling on the middle lane of the three-laned Eglinton Avenue East (five lanes apart plus a raised median island seperating the traffic)

I could not see the school bus as my view of the bus was being obstructed by the cars in front of me and on my left hand side. I did not see flashing lights nor the stop sign, nor any children.

As i switch to right lane and passing the cars in front of me i got a ticket from an officer shortly after i passed rosemount ave. He wouldn't listen to my explanation and told me i should've still see the bus despite the distance and the vehicles around me, and he just issued me a summon to the court with date.

Having figured out there's no point arguing with him, I went home and checked the law. According to the HTA 175(11) i dun have to stop when the road is separated by a raised median. So my question is, do those raised islands on that intersection considered raised median? If so I should have no problem winning this case right?

That is not a raised median per the HTA. A raised median is one of those barriers like on the 400 Series highways, they are a few feet high and have to stop cars and students from crossing.

I am on a new computer and cant find the Oreg section.

OPS

thx for the reply, so is there anything i could say for my defense other than i simply couldn't see it because of the traffic? It's the fact and i couldn't get any hint from the other cars since they are passing too, and we all got caught by the police.

And by the time i see the bus i have already started crossing the street and there's no safe way nor any other way to stop my car before i pass the school bus. i mean even if i get to stop in time, i would have the back of my car sticking out at the intersection of the road. Please help coz i respect children's safety and have no intention to break the law.

You said you switched lanes to the right to pass, were the vehicles stopped for the bus and you went around? You would be wise to consult legal advice maybe take a plea or plead guilty with explanation.

they were slowing down, when i pass them they weren't going for a complete stop but i wasn't aware of the school bus so a couple of cars(myself included) drove by them and was caught T____T. I guess the police let them slip by with their rolling stop to catch me and a couple of obvious ones.

I am so nervous and still shaking.. I unknowingly and without malice failed to stop for a school bus on the opposite lane with the stop sign opened. I just realized my mistake when the bus driver honked.. I waved my hand and mouthed an apology and stopped at the curb and proceeded..I did notice she was kind of writing something which made me so nervous... I was on my way to pick up my niece using her Mom's car...I have never ever in the 14 yrs I've been driving ever got any tickets...I always always make it a point to follow the rules of the road and this is the one time I failed and it's making me so miserable..What would happen to my sister in law who owns the car? What would happen to me as the one driving it? I wanted to go to the nearest police station and let them know the infraction I have done, as I am truly sorry I failed to notice the sign.

OPS Copper wrote:That is not a raised median per the HTA. A raised median is one of those barriers like on the 400 Series highways, they are a few feet high and have to stop cars and students from crossing.

I am on a new computer and cant find the Oreg section.

OPS

Any luck remembering what Oreg section it falls under? When I look at the OP's photo, the raised strip on either side of the intersection would appear to qualify as a median. The general HTA definition is "a portion of a highway so constructed as to separate traffic travelling in one direction from traffic travelling in the opposite direction by a physical barrier or a raised or depressed paved or unpaved separation area that is not intended to allow crossing vehicular movement". Is there an Oreg that's a little more specific as to the requirements?

chool buses, restriction on use of signals

(8) No person shall actuate the overhead red signal-lights or the stop arm on a school bus on a highway under any circumstances other than those set out in subsection (6). R.S.O. 1990, c. H.8, s. 175 (8).

Idem

(9) No person shall actuate the overhead red signal-lights or the stop arm on a school bus,

(a) at an intersection controlled by an operating traffic control signal system;

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Duty of drivers when school bus stopped

(11) Every driver or street car operator, when meeting on a highway, other than a highway with a median strip, a stopped school bus that has its overhead red signal-lights flashing, shall stop before reaching the bus and shall not proceed until the bus moves or the overhead red signal-lights have stopped flashing. R.S.O. 1990, c. H.8, s. 175 (11).

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therefore, at an intersection with traffic lights, the school bus is not allowed to use the lights, and drivers not required to stop.