OHTA.ca

Hi Everyone,

Is section 182(2) absolute or strict Liability? I got an ticket the several weeks ago at 9:15 am where it is no right turn from 7am to 10am. I thought it is 7am to 9am when I made the turn. Also having driven by several similar signs that are 7am to 9am in other intersections. I didn't realize until the officer informed they are new signs and it is 7to10am.

I when back and took some pictures and I notice there are many tree branches in front the closest sign, the furthest sign, which it is just across the street is OK. The picture shows tree branches are blocking the sign's times (the 10am) and in some picture/instances, it actually made the 10 looks like more like 9. I must have mis-read the sign when the tree branches made the closest sign 10am looks like 9am.. I wonder this is a valid defence

Thanks in advance for any advise on this.

M

To the best of my knowledge it's a strict liability offence. If your view of the sign was truly obstructed by a tree, you may have a valid defence. Simply failing to read the sign or assuming it would be the same hours as other nearby signs would not be a defence however.