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Please note: this chapter is still under construction. The laws listed here are only for Ontario residents. You are encouraged to verify the accuracy of the information you will be relying upon.
HIGHWAY TRAFFIC ACT
Definitions
"driver" means a person who drives a vehicle on a highway;
"driver's licence" means a licence issued under section 32 to drive a motor vehicle on a highway;
"highway", includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof;
"intersection" means the area embraced within the prolongation or connection of the lateral curb lines or, if none, then of the lateral boundary lines of two or more highways that join one another at an angle, whether or not one highway crosses the other;
"median strip" means the portion of a highway so constructed as to separate traffic travelling in one direction from traffic travelling in the opposite direction by a physical barrier or a raised or depressed paved or unpaved separation area that is not intended to allow crossing vehicular movement;
"motor vehicle" includes an automobile, motorcycle, motor assisted bicycle unless otherwise indicated in this Act, and any other vehicle propelled or driven otherwise than by muscular power, but does not include a street car, or other motor vehicles running only upon rails, or a motorized snow vehicle, traction engine, farm tractor, self-propelled implement of husbandry or road-building machine within the meaning of this Act;
"roadway" means the part of the highway that is improved, designed or ordinarily used for vehicular traffic, but does not include the shoulder, and, where a highway includes two or more separate roadways, the term "roadway" refers to any one roadway separately and not to all of the roadways collectively;
"trailer" means a vehicle that is at any time drawn upon a highway by a motor vehicle, except an implement of husbandry, a mobile home, another motor vehicle or any device or apparatus not designed to transport persons or property, temporarily drawn, propelled or moved upon such highway, and except a side car attached to a motorcycle, and shall be considered a separate vehicle and not part of the motor vehicle by which it is drawn;
"vehicle" includes a motor vehicle, trailer, traction engine, farm tractor, road-building machine, bicycle and any vehicle drawn, propelled or driven by any kind of power, including muscular power, but does not include a motorized snow vehicle or street car;
PART IX
RATE OF SPEED
128. (1) No person shall drive a motor vehicle at a rate of speed greater than,
(a) 80 kilometres per hour,
(i) on a highway not within a city, town, village, police village or built-up area, or
(ii) on a highway designated by the Lieutenant Governor in Council as a controlled-access highway under the Public Transportation and Highway Improvement Act, whether or not such a highway is within a city, town, village, police village or built-up area;
(b) subject to clause (a), 50 kilometres per hour on a highway within a city, town, village, police village or built-up area;
(c) the rate of speed prescribed for motor vehicles on a highway in accordance with subsection (2), (4), (5), (6) or (7); or
(d) the maximum rate of speed posted in a construction zone designed under subsection (8).
(2) The council of a municipality and the trustees of a police village may, for motor vehicles driven on a highway or portion of a highway under its jurisdiction, by by-law prescribe a rate of speed different from the rate set out in subsection (1).
(3) The rate of speed prescribed under subsection (2) shall be 40, 50, 60, 70, 80, 90 or 100 kilometres per hour.
(4) The council of a municipality and the trustees of a police village may by by-law prescribe a lower rate of speed for motor vehicles driven in any public park or exhibition ground than is prescribed in subsection (1), but the lower rate of speed shall not be less than 20 kilometres per hour.
(5) The council of a municipality and the trustees of a police village may by by-law,
(a) designate a portion of a highway under its jurisdiction that adjoins the entrance to or exit from a school and that is within 150 metres along the highway in either direction beyond the limits of the land used for the purposes of the school; and
(b) prescribes a rate a speed of 40 kilometres per hour for motor vehicles driven on the portion of a highway so designated on days on which school is regularly held and prescribe the time or times between the hours of 8:00 a.m. and 5:00 p.m. at which the speed limit is effective.
(6) The council of a municipality and the trustees of a police village may by by-law prescribe a lower rate of speed for motor vehicles passing over a bridge on a highway under its jurisdiction than is prescribed in subsection (1) or in a by-law passed under subsection (2), but the lower rate of speed shall not be less than 10 kilometres per hour and signs indicating the maximum rate of speed shall be posted in a conspicuous place at each approach to the bridge.
(7) The Minister may make regulations prescribing a rate of speed for,
(a) motor vehicles driven on a highway or portion of a highway within a provincial park;
(b) any class or classes of motor vehicles driven on the King's Highway or portion of the King's Highway whether or not the King's Highway is within a city, town, village or police village, and the rate of speed may be different for any period or periods of the day or night or direction of travel; and
(c) motor vehicles driven on a highway or portion of a highway in territory without municipal organization.
(8) An official of the Ministry authorized by the Minister in writing may designate any part of the King's Highway as a construction zone, and every construction zone shall be so marked by signs in accordance with the regulations.
(9) A designation under subsection (8) is not a regulation within the meaning of the Regulations Act.
(10) Signs posting the maximum rate of speed at which motor vehicles may be driven in a construction zone may be erected in accordance with the regulations by an official of the Ministry.
(11) No by-law passed under subsection (2), (5) or (6) or regulation made under clause (7) (c) becomes effective until the highway or portion thereof affected by the by-law or regulation, as the case may be, is signed in accordance with this Act and the regulations.
(12) Where a by-law or regulation passed under this section becomes effective, the rates of speed prescribed in subsection (1) do not apply to the highway or portion of the highway affected by the by-law or regulation.
(13) The speed limits prescribed under this section or any regulation or by-law passed under this section do not apply to,
(a) a fire department vehicle as defined in section 61 while proceeding to a fire or responding to, but not returning from, a fire alarm or other emergency call;
(b) a motor vehicle while used by a person in the lawful performance of his or her duties as a police officer; or
(c) an ambulance as defined in section 61 while responding to an emergency call or being used to transport a patient or injured person in an emergency situation.
(14) Every person who contravenes this section or any by-law or regulation made under this section is guilty of an offence and on conviction is liable, where the rate of speed at which the motor vehicle was driven,
(a) is less than 20 kilometres per hour over the maximum speed limit, to a fine of $3 for each kilometre per hour that the motor vehicle was driven over the maximum speed limit;
(b) is 20 kilometres per hour or more but less than 35 kilometres per hour over the maximum speed limit, to a fine of $4.50 for each kilometre per hour that the motor vehicle was driven over the maximum speed limit;
(c) is 35 kilometres per hour or more but less than 50 kilometres per hour over the maximum speed limit, to a fine of $7 for each kilometre per hour that the motor vehicle was driven over the maximum speed limit; and
(d) is 50 kilometres per hour or more over the maximum speed limit, to a fine of $9.75 for each kilometre per hour that the motor vehicle was driven over the maximum speed limit.
(15) Subject to subsection 207 (7), where a court or judge has convicted a person for a contravention of this section and has determined that the person convicted was driving at a rate of speed of 50 or more kilometres per hour greater than the maximum speed limit, the court may suspend the driver's licence of the person for a period of not more than thirty days.
(16) In this section,
"motor vehicle" includes street car.
CARELESS DRIVING
130. Every person is guilty of the offence of driving carelessly who drives a vehicle or street car on a highway without due care and attention or without reasonable consideration for other persons using the highway and on conviction is liable to a fine of not less than $200 and not more than $1,000 or to imprisonment for a term of not more than six months, or to both, and in addition his or her licence or permit may be suspended for a period of not more than two years.
REGULATION 615
SPEED LIMIT SIGNS
1. A speed limit sign,
(a) shall be not less than 60 centimetres in width and 75 centimetres in height;
(b) shall bear the word "maximum" in black letters not less than 10 centimetres in height on a white retro-reflective background;
(c) shall display in black numerals not less than 30 centimetres in height on a white retro-reflective background the prescribed maximum rate of speed; and
(d) may display a tab sign not less than 20 centimetres in height and not less than 60 centimetres in width immediately below the speed limit sign and the tab sign shall bear the legend "km/h" in white retro-reflective letters not less than 10 centimetres in height on a black background,
or a speed limit sign shall,
(e) be not less than 60 centimetres in width and 90 centimetres in height;
(f) bear the word "maximum" in black letters not less than 10 centimetres in height on a white retro-reflective background;
(g) display in black numerals not less than 30 centimetres in height on a white retro-reflective background the prescribed maximum rate of speed; and
(h) bear the legend "km/h" in white retro-reflective letters not less than 7.5 centimetres in height on a black background.
2. (1) Subject to section 4, where a maximum rate of speed other than that prescribed by subsection 128 (1) of the Act is prescribed for a highway in a city, town, village, police village or built-up area, speed limit signs shall be erected on the highway, in each direction of travel,
(a) not more than 600 metres apart where the speed limit prescribed is 60 kilometres per hour or less; and
(b) not more than 900 metres apart where the speed limit prescribed is greater than 60 kilometres per hour and not more than 70 kilometres per hour.
(2) Where the maximum rate of speed for a highway in a built-up area more than 1,500 metres in length is that prescribed by subsection 128 (1) of the Act, speed limit signs shall be erected on the highway not more than 900 metres apart.
(3) Where the maximum rate of speed for a highway in a built-up area 1,500 metres or less in length is that prescribed by subsection 128 (1) of the Act, speed limit signs shall be erected on the highway not more than 300 metres apart.
3. The commencement of the part of a highway for which a maximum rate of speed is prescribed shall be indicated by a speed limit sign accompanied immediately below by a sign bearing the word "begins" in white retro-reflective letters not less than 12.5 centimetres in height on a black background.
4. A speed limit sign shall be erected on the right side of the highway, facing approaching traffic, not more than 4.5 metres from the roadway, and the bottom edge of the sign shall be not less than 1.5 metres or more than 2.5 metres above the level of the roadway.
REGULATION 615
GENERAL
44. The dimensions of a sign may be greater than the dimensions prescribed and illustrated in this Regulation so long as each dimension is increased and, when increased, has the same relation to the other dimensions of the sign as the dimensions prescribed and illustrated in the Regulation have to each other.
45. A sign prescribed by this Regulation shall be so placed as to be visible at all times for a distance of at least 60 metres to the traffic approaching the sign.
46. No person, other than a municipal corporation or other authority having jurisdiction over a highway, shall erect or maintain a sign prescribed by the Act and regulations.
47. Where the characteristics of a highway make it impracticable to place a sign or pavement markings as specified in this Regulation, the sign or pavement markings shall be placed so as to comply as nearly as practicable with those requirements.
48. No speed limit sign bearing the words "speed limit" is valid.
PROVINCIAL OFFENCES
ACT
Interpretation
1. (1) In this Act,
(a) "certificate" means a certificate of offence issued under Part I or a certificate of parking infraction issued under Part II;
(b) "court" means a provincial offences court or, where jurisdiction in respect of the offence is conferred upon a provincial court (family division) by any other Act, the provincial court (family division);
(c) "judge" means a provincial judge;
(d) "justice" means a provincial judge or a justice of the peace;
(e) "offence" means an offence under an Act of the Legislature or under a regulation or by-law made under the authority of an Act of the Legislature;
(f) "police officer" means a chief of police or other police officer or constable but does not include a speial constable or by-law enforcement officer;
(g) "prescribed" means prescribed by the rules of the provincial offences courts;
(h) "prosecutor" means the Attorney General or, where the Attorney General does not intervene, means the person who issues a certificate or lays an information and includes counsel or agent acting on behalf of either of them;
(i) "provincial offences officer" means a police officer or a person designated under subsection 2;
(j) "set fine" means the amount of fine set by the court for an offence for the purpose of proceedings commenced under Part I or II.