Speeding Tickets

Highway Traffic Act s.128

(1) No person shall drive a motor vehicle at a rate of speed greater than,

(a) 50 kilometres per hour on a highway within a local municipality or within a built-up area;

(b) despite clause (a), 80 kilometres per hour on a highway, not within a built-up area, that is within a local municipality that had the status of a township on December 31, 2002 and, but for the enactment of the Municipal Act, 2001, would have had the status of a township on January 1, 2003, if the municipality is prescribed by regulation;

(c) 80 kilometres per hour 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 the highway is within a local municipality or built-up area;

(d) the rate of speed prescribed for motor vehicles on a highway in accordance with subsection (2), (5), (6), (6.1) or (7); or

(e) the maximum rate of speed set under subsection (10) and posted in a construction zone designated under subsection (8) or (8.1).

Regulation

(1.1) The Minister may by regulation prescribe the municipalities to which clause (1) (b) applies.

Rate of speed by by-law

(2) The council of a municipality 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) that is not greater than 100 kilometres per hour and may prescribe different rates of speed for different times of day.

Same, within designated areas
(2.1) A by-law passed under subsection (2) may designate an area in the municipality and prescribe a rate of speed, which must be less than 50 kilometres per hour, that applies to all highways within the designated area that, absent a by-law passed under subsection (2), would have a prescribed rate of speed of 50 kilometres per hour under clause (1) (a).

Same, excluded highways
(2.2) A by-law for a designated area described in subsection (2.1) may exclude from the application of the by-law any highway or portion of a highway within the designated area that has a different rate of speed prescribed specifically for that highway or portion of highway by a by-law passed under subsection (2).

Same
(3) The rate of speed set under subsection (10) may be any speed that is not greater than 100 kilometres per hour.

Rate in school zones

(5) The council of a municipality 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) for motor vehicles driven, on days on which school is regularly held, on the portion of a highway so designated, prescribe a rate of speed that is lower than the rate of speed otherwise prescribed under subsection (1) or (2) for that portion of highway, and prescribe the time or times at which the speed limit is effective.

Rate on bridges

(6) If the council of a municipality by by-law prescribes a lower rate of speed for motor vehicles passing over a bridge on a highway under its jurisdiction than is prescribed under subsection (1), signs indicating the maximum rate of speed shall be posted in a conspicuous place at each approach to the bridge.

Rate on grade

(6.1) The council of a municipality may by by-law,

(a) designate a portion of a highway under its jurisdiction that includes a grade of 6 per cent or higher; and

(b) prescribe for any class or classes of motor vehicles a lower rate of speed, when travelling down grade on that portion of the highway, than is otherwise prescribed under subsection (1) or (2) for that portion of highway.

Same
(6.2) The portion of a highway designated under clause (6.1) (a) shall not include more than 500 metres on either side of the portion of the highway where the grade is 6 per cent or higher.

Rate of speed by regulation

(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 municipality, 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.

Construction zones

(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 designated under this subsection shall be marked by signs in accordance with the regulations.
(8.1) A person appointed by the municipality for the purpose of this subsection may designate a highway or portion of a highway under the municipality’s jurisdiction as a construction zone, and every construction zone designated under this subsection shall be marked by signs in accordance with the regulations.

(8.2) The presence of signs posted under subsection (8) or (8.1) is proof, in the absence of evidence to the contrary, of the designation of the portion of the highway as a construction zone, of the authority of the person authorized under subsection (8) or (8.1) to make the designation and of the speed limit set for the portion of the highway under subsection (10).

Speed limit in construction zones

(10) The person authorized under subsection (8) or (8.1) may set a lower rate of speed for motor vehicles driven in the designated construction zone than is otherwise provided in this section, and the speed limit shall not become effective until the highway or portion of it affected is signed in accordance with subsection (8) or (8.1), as the case may be, and with subsection (10.1). Speed limit signs in construction zones

(10.1) Signs posting the maximum rate of speed at which motor vehicles may be driven in a designated construction zone may be erected in accordance with the regulations.

By-laws, regulations effective when posted

(11) No by-law passed under this section or regulation made under clause (7) (c) becomes effective until the highway, portion of the highway or designated area affected by the by-law or regulation, as the case may be, is signed in accordance with this Act and the regulations.

Exemption

(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.

R . v. Bland. – Where there is no oral evidence of the speed limit, the court is bound to take judicial noice of the speed limit contained in the regulations.

R. v. Kennedy – A defence of necessity may be sustained in appropriate cases as where a car following too closely did not permit a reduction of speed.

Durham (Regional Municipality) v. Snowden –  there was evidence these signs in the area in question were covered over and were therefore not in effect.

R. v Friedinger, 2018 BCSC 2276 (CanLII) – Whether the judicial justice erred by failing to resolve a contradiction in the evidence about visual speed estimates and measurements of speed recorded on a laser speed device;  

R. v. Abelarde, 2018 ONCJ 349 (CanLII) hour — speed readings — motor vehicle — travelling — eastbound  laser Speed measuring device at the material time, he determined that the motor vehicle was travelling at rates of speed well in excess of the 60 kilometres per hour speed limit.