OHTA.ca

Hello, im not sure if this is the proper section to post in, but the parking permits section is locked.

Well today i got charged with the above 2 charges and instead of receiving fines i have a summons to court. Can anyone tell me if its worse to get a summons to court than if i got fined?

Heres the story:

I was driving my friends grandmothers car. His grandmother let him drive it and he let me drive it and because his GM(grandmother) has a handicap parking permit, we decided to park the car at a grocery store's handicap zone (it said on the sign u need to have a permit)

So after we come back from the store, 1 km we drive and get pulled over by a unmarked police car and i get the tickets.

I was wondering if he can actually charge me with these offences, since it is considered private property?

Any information would be very much appreciated. thanks

(a) have in his or her possession a disabled person parking permit that is fictitious, altered or fraudulently obtained;

(b) display a disabled person parking permit otherwise than in accordance with the regulations;

(c) fail or refuse to surrender a disabled person parking permit in accordance with this Part or the regulations;

(d) use a disabled person parking permit on land owned and occupied by the Crown otherwise than in accordance with the regulations;

(e) give, lend, sell or offer for sale a disabled person parking permit or permit the use of it by another person otherwise than in accordance with the regulations; or

(f) make, permit the making of, give, lend, sell or offer for sale a fictitious or altered disabled person parking permit. R.S.O. 1990, c. H.8, s. 27; 2001, c. 32, s. 26 (1).

It doesn't sound like 27(1) a. is an appropriate charge as the permit was probably left in the car as opposed to fraudulently obtained.

Your private property question is answered here: R. v. Sholtens, 2008 ONCJ 282 (CanLII)

Also it looks like the HTA charge (rather than a parking ticket) requires the officer to see you parking the vehicle. For example if your friend parked it and you drove it off the lot then your friend should have got the ticket.

Finally, you should state that you have learned your lesson and will NEVER do that again. Otherwise, be prepared for a great number of insults to be hurled at you and your progeny.

Thanks for the replies!

Yeah i definitely learned my lesson, i heard that if i do community service hours and show remorse for my actions. then they might greatly reduce the ticket or even drop it.

Another interesting case.

R. v. Bryce, 2009

I disagree that disabled parking spaces on private property can be enforced.

Every city by-law might be worded differently but s. 10 of HTA regulation 581 only applies to Crown land. There is no mention of private property.

Section 11 only refers to marking the space with a sign if on Crown land or under a city by-law, but he does not articulate that only vehicles displaying a valid disabled person parking permit imay park in that space.

Since this court decision claims the HTA applies to places other than highways, i.e, parking lots, than every city by-law dealing with disabled parking spaces are deemed to be repealed under s. 195 of the HTA.

Section 195 articulates that if a provision of a municipal by-law passed by the council of a municipality or a police services board is inconsistent with this Act or the regulations, the provision of the by-law shall be deemed to be repealed upon the inconsistency arising.

Every city by-law prohibiting non diasble people in vehicles from parking in a disabled parking space is inconsistent with s. 10 of HTA regualtion 581, as s. 10 only applies to Crown land; not private property.

HTA Regulation 581

10. A parking space designated by a sign under section 11 on land owned and occupied by the Crown may be used only by vehicles displaying a valid disabled person parking permit in accordance with this Regulation. R.R.O. 1990, Reg. 581, s.10.

11. A parking space designated on Crown land or under a municipal by-law for the use of persons with a disability shall be distinctly indicated by erecting a disabled person parking permit sign which shall,

HTA s. 195

Inconsistent by-laws deemed repealed

195. (1) If a provision of a municipal by-law passed by the council of a municipality or a police services board for,

(a) regulating traffic on the highways;

(b) regulating noise, fumes or smoke created by the operation of motor vehicles on the highways; or

(c) prohibiting or regulating the operation of motor vehicles or any type or class thereof on the highways,

is inconsistent with this Act or the regulations, the provision of the by-law shall be deemed to be repealed upon the inconsistency arising.

loveu177 wrote:Thanks for the replies!

Yeah i definitely learned my lesson, i heard that if i do community service hours and show remorse for my actions. then they might greatly reduce the ticket or even drop it.

What happened...I'm going for my trial this week...

Whatever happened with this case, I have a summons for HTA 27 (b) and am very worried, i cannot afford 5,000 fine will this effect my insurance ?