Disobey Stop Sign

About

Stop Sign TicketStop signs are placed at intersections to control traffic.

Drivers are required to come to a full and complete stop at or before the stop sign.

Where a police officer decides to issue a traffic ticket for Disobeying a Stop Sign, the officer must ensure that the sign is clearly visible to the motorist.


Definition of a Stop

The Highway Traffic Act of Ontario does not specify how long a driver must stop, and the usual interpretation of what a stop is.

A stop is considered a full and complete sensation of movement, e.g. a full and complete stop, coming to a stand still.

Where a driver does makes a “rolling stop”, meaning the vehicle never came to a complete stop, the officer may issue a traffic ticket.

The interpretation of the stop is always in the police officers opinion and their observations.  At traffic court the officers observations and opinion can be subject to cross-examination.

The regulations regarding the visibility of signs is located in Ontario Regulation 615.


Insurance Implications

Stop sign tickets will affect insurance rates for drivers.

Once the driver is convicted of a traffic ticket, the court sends a notice to the Ministry of Transportation. Upon receiving the record of conviction from the court the Ministry of Transportation then adds the conviction to the driving record.

Driving abstracts are available to anyone who has the drivers licence number for a fee payable to the Ministry of Transportation.

Therefore the way the insurance company will finds out about the ticket is;

Each insurance company is a private company with their own set of rules and standards.

Some insurance companies will not increase insurance rates for one ticket and others will. The problem is drivers don’t know what the insurance company is going to do, and if asked, there is a chance they will increase it due to the inquiry.

Drivers need to keep their driving records clear.


Fines

The out of court fine listed on the traffic ticket for disobeying a stop sign is $110.00.

Where the officer issues a summons to appear or the driver disputes the ticket and appears in court the Justice of the Peace (JP) can increase the fine up to $500.00.

The out of court fine is actually, $90.00 but the court adds a $20.00 Victim Fine Surcharge to the ticket.


What is the Victim Fine Surcharge?

  • The provincial government adds a victim fine surcharge (VFS) to every non-parking fine imposed under the Provincial Offences Act.
    • It is deposited into a special fund to help victims of crime.
  • The amount of the VFS is usually 20 per cent of the imposed fine.
    • For example, a $100 fine would result in a $20 surcharge.
    • Fines over $1,000 carry a surcharge of 25 per cent.

Penalties

Stop sign tickets have the following penalties:


Demerit Points

Stop sign tickets have 3 demerit points.

  • G1 drivers are suspended for
    • any 4 ticket with 4 demerit points
    • accumulating 6 demerit points
  • G2 drivers are suspended for
    • any 4 ticket with 4 demerit points
    • accumulating 6 demerit points
  • G drivers are suspended for

Demerit Point Interviews

If you have to attend an interview, you will get a letter (Notice of Interview) to notify you of the time, date and location of the meeting. If you do not attend, your licence could be suspended.

The fee for a demerit point interview is $50 and must be paid in person at any ServiceOntario Centre.

You can pay the fee when you receive the Notice of Interview or within 10 business days of attending the interview.

Failure to pay the interview fee will result in the cancellation of your driver’s licence.


Suspensions

There is no licence suspension for failing to stop at a stop sign.

The driver maybe suspended where any fine goes into default.  Where the licence is suspended for an unpaid fine, the licence will be suspended until the payment is made to the court.

The accumulation of demerit points can result in a licence suspension.


Legal Definition

Stop at through highway – Highway Traffic Act section 136 (1)

Every driver or street car operator approaching a stop sign at an intersection,

(a) shall stop his or her vehicle or street car at a marked stop line or, if none, then immediately before entering the nearest crosswalk or, if none, then immediately before entering the intersection; and

(b) shall yield the right of way to traffic in the intersection or approaching the intersection on another highway so closely that to proceed would constitute an immediate hazard and, having so yielded the right of way, may proceed.

Acquiring right of way

(2) Every driver or street car operator approaching, on another highway, an intersection referred to in subsection (1), shall yield the right of way to every driver or operator who has complied with the requirements of subsection (1).

Stop signs, erection at intersections

In addition to stop signs required at intersections on through highways,

(a) the council of a municipality may by by-law provide for the erection of stop signs at intersections on highways under its jurisdiction; and

(b) the Minister may by regulation designate intersections on the King’s Highway at which stop signs shall be erected,

and every sign so erected shall comply with the regulations of the Ministry.


Case Law

R. v. Stokes, 2009 ONCJ 8 (CanLII)
2009-01-15 | 15 pages | cited by 4 documents
vehicle — actus reus — offence of disobey stop sign-fail — absolute liability — line
[…] no. 1260-88068541, the defendant, Donald G. Stokes, stands charged that he, on the 28th day of November, 2007 at 8:42 a.m. at Cavendish and Malcolm in the City of Burlington, did commit the offence of disobey stop sign-fail to stop, contrary to section 136(1) (a) of the Highway Traffic Act, R.S.O. 1990 c.H.8 , as amended. […] [5] The defendant stands charged with the offence of “disobey stop sign- fail to stop”, contrary to paragraph 136(1) (a) of the Highway Traffic Act . […] [36] As stated above, the settled jurisprudence in the Province of Ontario, categorizes the offence of “disobey stop sign–fail to stop”, contrary to paragraph 136(1) (a) of the Highway Traffic Act , as a regulatory offence of absolute liability. […]


R. v. Emery, 2012 ONCJ 402 (CanLII)
2012-06-15 | 27 pages
vehicle — eastbound — sign — beyond a reasonable doubt — traffic
[…] [1] Under Certificate of Offence no. 6398446A, the defendant Stephen Emery stands charged that he on the 9th day of February, 2011 at 9:12 a.m., at Leighland Avenue and Kent Avenue, in the Town of Oakville, did commit the offence of disobey stop sign – fail to stop, contrary to the Highway Traffic Act , section 136(1) (a). […] [4] The defendant is charged with the offence of disobey stop sign – fail to stop, contrary to paragraph 136(1) (a) of the Highway Traffic Act, R.S.O. 1990, c. H-8 , as amended, hereinafter referred to as “the Act”. […] [54] The evidence pertaining to this element of the actus reus of the offence is important as an individual may not be found guilty of the offence of disobey stop sign-fail to stop under paragraph 136(1)(a) of the Act, unless the prosecution proves, beyond a reasonable doubt, that the driver of the subject vehicle failed to


R. v. Kalantzis, 2013 ONCJ 301 (CanLII)
2013-05-23 | 30 pages
vehicle — beyond a reasonable doubt — westbound — sign — subject
[…] [1] Under Certificate of Offence no. 1260-9506128B, the defendant Demetrios Kalantzis, stands charged that he on the 4th day of June, 2012 at Felhaber Court and Northridge Trail, in the Town of Oakville, did commit the offence of “disobey stop sign – fail to stop”, contrary to the Highway Traffic Act , section 136 (1) (a). […] [4] The defendant is charged with the offence of “disobey stop sign – fail to stop”, contrary to the provisions of paragraph 136(1) (a) of the Highway Traffic Act, R.S.O. 1990, c. H.8 , as amended, hereinafter referred to as “the Act”. […] He indicated that he then issued a provincial offence notice to Mr. Kalantzis for the offence of disobey stop sign – fail to stop, contrary to section 136(1)(a) of the Act. […]