TRAFFIC TICKETS
Highway Traffic Act offences
Proceedings of the traffic ticket initiates by an offence notice are similar to a ticketing system, with the offence notice serving as the “ticket.”
The certificate of offence must be filed in the court as soon as practicable, but no later than fifteen days after the defendant has been served. Getting a traffic ticket results in demerit points, licence suspensions, heavy fines and even prison time.
On top of that, they can intensely raise your insurance rates or make you uninsurable.
The charges contravening the HTA or any municipal by-law regulating traffic. Police officers have the power to require additional information from individuals in charge of a vehicle or streetcar that is involved in an accident on a highway.
While the POA governs penalties for offences under the HTA, the HTA and its regulations provide for a number of specific sanctions following an HTA conviction.
These include:
- fines
- demerit points
- licence suspension
- imprisonment
The judge, provincial judge, or justice of the peace who makes a conviction for certain offences must notify the Registrar of Motor Vehicles of the conviction (s. 210(1)). Where the court has ordered the defendant’s licence suspended, the court will also forward the driver’s licence to the Registrar.
The government of Ontario keeps a record of convictions, as well as conditions and other information related to a driver’s licensing history.
A driver’s record includes driving history, accidents, and demerit points.
A driver’s abstract provides less in-depth information, including the driver’s name, licence number, and licence class, the licence expiry date, and any conditions or restrictions.
A fine can be enforced in a number of ways, including by a driver’s licence suspension, a denial of permit validation, and civil enforcement.
Demerit points
Ontario’s demerit point system assigns demerit points to drivers based on convictions for particular HTA offences).
An individual receives demerit points, as assigned by Demerit Point System, for being convicted of certain HTA offences.
Demerit points stay on an individual’s record for a period of two years from the date of the offence.
Consequences for novice drivers are more severe, and novice drivers may be required to attend a meeting with the Ministry starting at six demerit points.
A novice driver may have his or her licence suspended at nine or more demerit points.
Licence suspension
Upon conviction of certain HTA offences, the court may order that the defendant’s licence be suspended for a period of time.
In general, suspension is reserved for more serious HTA offences such as careless driving, failing to stop for or following emergency vehicles or stunt driving or racing.
Minimum and/or maximum periods of suspension are outlined by the specific offence provision and can range from 60 days to ten years or the remainder of a person’s life.
When a person receives a suspension as a penalty, demerit points are not assigned.
In addition, a suspension may be imposed where a fully licensed driver accumulates nine or more demerit points and does not show cause at the Ministry interview why his or her licence should not be suspended.
If a fully licensed driver accumulates 15 or more demerit points, his or her licence is suspended for at least 30 days.
Subsequent attainment of 15 or more demerit points result in a suspension of at least six months.
Novice drivers are subjected to a similar, but stricter, regime: at six points, the novice driver must show cause why his or her licence should not be suspended, and at nine or more demerit points, his or her licence is suspended for at least 60 days.
Stunt driving or racing Section172 of the HTA creates three separate strict liability offences of driving a motor vehicle on a highway. “race,” “contest,” and “stunt.”
The regulation also provides that the offence may be committed in a number of different ways, including driving at a speed that is a marked departure from the lawful rate of speed, driving at 50 km/h or more above the speed limit.
Speeding
The rate of speed above the speed limit at which a motorist is travelling is not an essential element of the offence but rather is only relevant to the penalty.
The HTA imposes a sliding scale of fines for motorists convicted of speeding.
The dollar amount of the fine increases for every kilometre per hour over the speed limit.
Demerit points may be assigned to a driver who is convicted of speeding, depending on how fast the driver was travelling. Demerit points are assigned on an increasing scale, starting at three demerit points for more than 15 km/h and less than 30 km/h above the limit, and increasing to six demerit points for 50 km/h or more above the limit.
Careless driving
A driver who drives a vehicle or streetcar on a highway without due care and attention or without reasonable consideration for other persons using the highway commits the offence of careless driving.
Careless driving is one of the most serious charges in the HTA.
A conviction for careless driving carries a set fine of $400 and six demerit points.
The court could impose a higher fine and suspend the defendant’s driver’s licence for up to two years where prosecuted by way of Summons, the minimum fine is $400 and the maximum fine is $2,000.
Six demerit points continue to accompany the conviction, and, in addition, there is the possibility of up to six months in jail and a driver’s licence suspension of up to two years.
Improper turn
It many subsections deal with behaviour prohibited at traffic lights, right turns at intersection, right turns where there are multiple lanes, left turns across the path of approaching vehicles, left turns at intersections and left turns where there are multiple lanes.
Certain exceptions exist for situations where the driver can proceed safely and for long vehicles.
It is including charges for failing to stop at a red or amber light, instructions on what to do at a flashing green light, and charges for pedestrians and cyclists at lights. a driver approaching an amber light shall stop his or her vehicle if he or she can do so safely; otherwise, he or she may proceed with caution.
The set fines for various offences covered by this offence vary depending on the nature of the offence and where it was committed.
Where a defendant is charged with a traffic.
Turn/change lane not in safety
It requires that the driver or operator of a vehicle on a highway, before making a left or right turn at any intersection or into a private road or driveway, or before moving from one lane of traffic to another or to leave the roadway, first before making the movement see that the movement can be made safely.
In addition, it imposes a requirement to signal the movement if the movement may affect the operation of any other vehicle.
No insurance — Compulsory Automobile Insurance Act
This offence is found under the Compulsory Automobile Insurance Act (CAIA).
The owner or lessee of a motor vehicle, where the vehicle will be operated on a highway, must have a contract of automobile insurance In addition, the operator of a motor vehicle on a highway must have in the motor vehicle, at all times, either an insurance card for the motor vehicle or an insurance card evidencing that the operator is insured under a contract of automobile insurance.
The operator must surrender the insurance card upon the demand of a police officer.
No insurance is accompanied by a fine of not less than $5,000 and not more than $25,000 for a first offence; the fine increases for subsequent offences to a minimum of $10,000 and a maximum of $50,000.
In addition, the driver’s licence of the owner or lessee may be suspended for a period of not more than one year.
A conviction for failing to have proof of insurance is accompanied by a fine of not more than $400.
Fail to stop
It is an offence to fail to stop when a police officer signals a vehicle to stop.
The HTA contemplates two types of offenders: those who fail to stop when signaled, and those who try to evade police officers when an officer gives pursuit. To be convicted of evading a police officer pursuant to, the defendant must have first failed to stop. A defendant cannot be convicted of evading a police officer unless he or she has also been convicted of failing to stop. Both offences are serious, and convictions may be accompanied by imprisonment and seven demerit points, except where a suspension is ordered.
Escaping a police officer contrary to is accompanied by a minimum term of imprisonment of 14 days, maximum of six months, a fine of up to $25,000, and a minimum five-year driver’s licence suspension.
Other example of the traffic tickets.
Disobey Sings Hand-Held communication device:
- Seatbelt violations
- Driving under suspension
- Driving without a licence
- Failing to Remain
- Failing to stop for a school bus
- Failure to yield
- Failure to yield to a pedestrian
- Following too closely