OHTA.ca

Is it legal to have different speed limits on both sides of the road? Does the Highway Traffic Act address this?

Thanks

yes & no

can you elaborate? I assume that generally this cannot be done but there may be exceptional circumstances in which it is allowed?

Speed limits are to be the same on BOTH sides of the road, in normal<-------- driving conditions. Construction, special events etc. will change things. If you can find a location where the speed sign are offset by a considerable margin, 100's of meters not 10 meters, it is a valid arguement in court that you were not speeding.

Reflections wrote:Speed limits are to be the same on BOTH sides of the road, in normal<-------- driving conditions. Construction, special events etc. will change things. If you can find a location where the speed sign are offset by a considerable margin, 100's of meters not 10 meters, it is a valid arguement in court that you were not speeding.

That's interesting. There is a spot like that north of Waterloo on 85. The speed increases from 80 to 90 in the southbound direction about 300 metres north of the sign on the other side that drops it from 90 to 80 for northbound traffic. Noticed it because the speed limit indicator on my TomTom changes on the north sign regardless of which direction you are going. Does the fact that it is a transition from a divided to single highway adjust this?

Reflections wrote: If you can find a location where the speed sign are offset by a considerable margin, 100's of meters not 10 meters, it is a valid arguement in court that you were not speeding.

How would that be valid if you can't see the sign facing the oncoming traffic?

Thanks for the info. The driving conditions were normal on this road. This is a variance of about 300 meters. This is the Tiny Beaches Road near Georgian Bay. I have attached a picture which shows where the signs are on the North and South Sides of the road. I was radared by the police officer driving 82Km/h at the pink X driving south between the two markers (50Km/h Sign North and 50Km/h Approaching North). She claimed it was posted as 50. Coming from Connie Rd, there was no sign driving south as you can see from the map. The first sign that is seen is the 80km/h sign driving south. Is this a valid defence, i.e. the speed limit was actually 80k/h based on the sign on the other side of the road?

Thanks

You had to drive by the 50km/hr signs to get into Connie....so you are saying its now unlimited on the return out?

Yes, but my point is that I was radared (see diagram above where pink X is) in the area that she claims is posted 50, where in fact on on the other side of the road is posted 80. Is this a valid defence?

Redrive the route, exact location markings would help, with VIDEO. If the last sign you passed was 80 and no other signs, including the "your are entering XX town" signs then the assumed speed is the last one you passed. If it helps your trial, that would be where this is heading, take pictures instead of video. Set up the pictures at X meter intervals and present your evidence. Show that there is no "50 begins" signs. Go now just incase a snowplow knocked down a sign that the officer knew was there. Hi-res pictures make for a nice presentation. You only mention 1 "80 KM/H" sign, where is the other one?

Not sure what you mean about where is the other 80km/h sign. Driving north the sign is well south of there. Please see the diagram. Is that relevant to my case as to where the last 80k/h sign is driving north side is? I know where the 50k/h begins sign is as per the diagram.

"I know where the 50k/h begins sign is as per the diagram."<<<<<< Which one is that, 3rd from the bottom? If so, you have a defence.

Yes the 50K per hour sign begins is the third from the bottom, but this is on the east side of the road, i.e. driving north. On the west side of the road i.e. driving south there are only two signs, the first one at the top where it indicates 50K/hr and the last one on the bottom where it indicates 80k/hr. I was caught in the area that technically was 80 on the west side but 50 on the east side. Is there a valid defence because the speed limits were different?

You will have to be very clear when you explain this in court. Take that image and blow it up, plus take some pictures, file for disclosure(cover your a$$) and away you go. I would definitely work on your wording ahead of time. Good luck.