Required Physical Impediments For 30 Km/hr Zone
I got ticketed for going 50 km/hr in a 30 km/hr zone (in Toronto). I want to base my defense on the premise that the 30 km/hr speed limit is not valid, because no "physical impediments for purposes of reducing traffic speed" are present on this section of the street (from intersection to where I got stopped, about 200 m from the intersection). There is signage of the 30 km/hr rate, but I want to base my defense on the fact that the required physical impediments were not present. (There is a bollard at the other end of the street, but I did not pass by it.) Other streets running parallel to this street have speed humps every 100 m or so, but this is a TTC route, so there are no speed humps.
Does this defense have a good chance?
What would I need to do in court to make it work?
Re: Required Physical Impediments For 30 Km/hr Zone
I remember the section that youre talking about, but to the best of my knowledge it was repealed quite a few years ago. It used to be under 128 subsection 3.1, unless it's moved somewhere else in the HTA.
Going by the old wording, Im not sure how much luck youd have. It simply states that a portion of the highway must have such features for the limit to apply. That in my mind would make the limit valid if properly signed, even though bollards, speed bumps, etc. aren't present on every block. Still though, an interesting idea to fight the charge on.
Re: Required Physical Impediments For 30 Km/hr Zone
It is in the The Transportation Statute Law Amendment Act, 2005 as described here http://www.mto.gov.on.ca/english/safety ... rd_2.shtml :
"To help municipalities better manage the speed limits on their roads, the Act includes a provision that gives all municipalities the authority to set the speed limit at 30 km/h where traffic calming measures are in place"
here is the text from the TSLA (http://www.e-laws.gov.on.ca/html/source ... 5026_e.htm)
(3) Section 128 of the Act is amended by adding the following subsection:
Rate in traffic calming areas
(3.1) Where the roadway of a highway, or of a portion of a highway, has physical impediments for the purpose of reducing traffic speeds to less than 40 kilometres per hour, the council of a municipality may by by-law prescribe a rate of speed of 30 kilometres per hour for motor vehicles driven on the highway or portion of the highway.
Is this act still valid - not superseded?
Does anyone know what constitutes a valid physical impediment for the purpose of this act?
Re: Required Physical Impediments For 30 Km/hr Zone
I've been searching through this legal stuff, and I guess section 128(3.1) was repealed in 2006 - can anyone confirm this is the case?
details I found below
(3) The rate of speed set under subsection (10) may be any speed that is
not greater than 100 kilometres per hour. 2006, c. 32, Sched. D, s. 4 (4).
(3.1), (4) Repealed: 2006, c. 32, Sched. D, s. 4 (5).
- Simon Borys
- VIP
- Posts: 1065
- Joined: Fri Apr 30, 2010 10:20 am
- Contact:
Re: Required Physical Impediments For 30 Km/hr Zone
teeekay wrote:(3.1), (4) Repealed: 2006, c. 32, Sched. D, s. 4 (5).
This does mean that (3.1) was repealed in 2006
-
- Similar Topics
-
-
New post Is Signalling Always Required?
by Simon Borys in Failing to signalLast post by Simon Borys Fri May 07, 2010 4:41 pm
-
-
-
New post Is By-Law required for full disclosure.
by stefanturner in Parking TicketsLast post by bend Sat Feb 09, 2013 8:30 am
-
-
-
New post What if I know the JP personally, is he required to recuse ?
by davec in Courts and ProcedureLast post by OTTLegal Tue Apr 27, 2010 7:53 am
-
-
-
New post Fail to produce required infromation
by alchemist in General TalkLast post by alchemist Thu Jul 28, 2011 11:23 am
-
-
-
New post Speed signs required in both directions?
by jsherk in General TalkLast post by Radar Identified Sun Jun 28, 2015 10:02 pm
-
-
-
New post Procedures required to Appeal POA decision
by camper66 in Courts and ProcedureLast post by Radar Identified Sat Mar 06, 2010 8:38 pm
-
-
-
New post Evidence required for seatbelt conviction
by davec in General TalkLast post by davec Wed Apr 28, 2010 3:10 pm
-
-
-
New post Speedometers required in buses Sect 68
by racer in PART 6: EquipmentLast post by racer Sat Feb 07, 2009 11:17 pm
-
-
-
New post Failure to furnish required information Sec 199 (1) accident
by Kaylee in General TalkLast post by Kaylee Thu Sep 17, 2009 8:05 pm
-
-
-
New post Lamps required on all motor vehicles Sect 62
by racer in PART 6: EquipmentLast post by racer Sat Feb 07, 2009 11:39 pm
-
Who is online
Users browsing this forum: No registered users and 207 guests