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144(9) From A Yellow Warning Sign?

Posted: Fri Sep 13, 2013 10:03 am
by basher22

I recently received a ticket for proceeding contrary to sign at an intersection. While there are other issues with the offence (sign is not visible until 10ft from intersection, officer wrote wrong license plate number on ticket) my biggest question is about the sign itself.


The sign located at the northeast corner of Lakeshore Blvd and Bathurst is a standard no left turn sign, however its background is yellow. Beneath it says "No left turn from Bathurst to Fleet St."


My understanding is that signs with a yellow background are warning signs and not regulatory signs.


Can anyone comment?


Re: 144(9) From A Yellow Warning Sign?

Posted: Fri Sep 13, 2013 3:20 pm
by daggx

Here is a link to the regulations regarding signage under the Highway Traffic Act. http://www.e-laws.gov.on.ca/html/regs/e ... e.htm#BK21


It looks to me like the regulations say the sign must have a white background to be enforceable.


Re: 144(9) From A Yellow Warning Sign?

Posted: Fri Sep 13, 2013 3:26 pm
by basher22

I agree. I am wondering why I got a ticket then. The sign has a yellow background. If I present this to the prosecutor, will the charge be dismissed? Also, a photo of the sign in question will have to be admitted. I can take a picture and follow all the suggestions to make sure it is admissible. Just hope it is.


Re: 144(9) From A Yellow Warning Sign?

Posted: Fri Sep 13, 2013 4:08 pm
by basher22

Okay - I think I understand this a bit better.


The sign that I apparently broke the law on is posted on Bathurst at Fleet Street, for motorists heading north - http://imgur.com/MNrp4BZ

As you can see, heading west on Lakeshore, and proceeding on Fleet Street, this sign is not visible - http://imgur.com/SkxSE9H


Furthermore, this new yellow sign, located at Bathurst and Lakeshore, is obstructed by the yellow caution sign to yield to pedestrians. The sign was erected (obviously recently) on the same post as the Art Gallery sign in the second picture above. It is visible in the last 10 feet approaching the intersection.


Do I have a valid defence here?


Re: 144(9) From A Yellow Warning Sign?

Posted: Fri Sep 13, 2013 8:17 pm
by ynotp

I am not understanding what you did or where you turned from to where. Bottom line is that if the sign was obstructed or was not on a white background then you might just win. For the record I don't see a left turn sign with a yellow background are these street view captures or did you take these photos?


Re: 144(9) From A Yellow Warning Sign?

Posted: Fri Sep 13, 2013 10:16 pm
by viper1

It is a huge intersection. 6 lanes of Lakeshore and 2 of fleet street and 2 of streecar.

The signs are confuzing but the lanes are clearly marked.

It is hard to turn onto lakeshore (left) but suicide to try fleet.

Is that what you did?


Cheers

Viper1


Re: 144(9) From A Yellow Warning Sign?

Posted: Sat Sep 14, 2013 10:36 am
by basher22

I was travelling west on Lakeshore, and proceeded onto Fleet Street. The sign with the yellow background is new, and does not appear in those street view images.


Re: 144(9) From A Yellow Warning Sign?

Posted: Sat Sep 14, 2013 2:46 pm
by viper1
basher22 wrote:I was travelling west on Lakeshore, and proceeded onto Fleet Street. The sign with the yellow background is new, and does not appear in those street view images.

They probably never thought anyone would do what you did.(very dangerous) The traffic (on fleet) going east Gets a green arrow

to go north on their turn and would not think of traffic from where you were. It is possible S/B traffic has a green arrow too.(not sure)


I hope you get off the ticket but I hope either way you don't do that anymore.


Cheers

Viper1


Re: 144(9) From A Yellow Warning Sign?

Posted: Tue Sep 17, 2013 2:59 pm
by basher22

I definitely haven't done this since I have learned it is illegal. That said, this option is taken by numerous cars as I drive by that intersection every day. There are rarely cars travelling east on Fleet Street.