session_2_slides-24506-20200623.pdf

www.opcva.ca Highway Traffic Act #2 Introduction to the Highway Traffic Act #2 Version: BCT June 2020 © Queen's Printer for Ontario, 2018 Traffic Quiz #1 Definitions 2 Question #1 The Highway Traffic Act defines a ‘driver’ as: a) anyone who drives a motor vehicle or streetcar on a highway b)...

www.opcva.ca Highway Traffic Act #2 Introduction to the Highway Traffic Act #2 Version: BCT June 2020 © Queen's Printer for Ontario, 2018 Traffic Quiz #1 Definitions 2 Question #1 The Highway Traffic Act defines a ‘driver’ as: a) anyone who drives a motor vehicle or streetcar on a highway b) anyone who operates a motor vehicle c) a person who drives a vehicle on a highway d) a person who operates a motor vehicle on a roadway 3 Question #2 Which of the following does not meet the definition of a highway pursuant to the Highway Traffic Act? a) street, avenue, parkway…. b) shopping plaza exit driveway… c) common and public highway… d) 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. 4 Question #3 Which of the following is a motor vehicle as defined in the Highway Traffic Act? a) motor assisted bicycle b) road building machine c) farm tractor d) snow machine 5 Question #4 Choose the statement that best defines a ‘roadway’ pursuant to the Highway Traffic Act. a) part of the highway that is improved, designed or ordinarily used for vehicular traffic b) part of the highway that is improved, designed or ordinarily used for vehicular traffic including the shoulder c) part of the highway that is designed or ordinarily used for vehicular traffic intended for traffic flow in one direction only d) part of the highway that is improved, designed or ordinarily used for vehicular traffic, but does not include the shoulder 6 Question #5 A bicycle is … a) not a motor vehicle b) a motor vehicle c) a self propelled implement of husbandry d) a self propelled vehicle having a seat or saddle for the use of the operator 7 Review • • • • • Driver Highway Roadway Motor vehicle Vehicle 8 Review • Locating Offences – Table of Contents – Index – Margin references – Short Form Wording book • Caution – look up section 9 Review • HTA – “Two Books” • Act – Primary law • Regulations – Secondary Law (Technical details) 10 Assignment 1. What is the minimum age to operate a motor vehicle in Ontario ? • A. 16 years Authority: HTA 37(1) 2. What is the minimum number of headlights required on the front of a motor vehicle? A. 2 Authority: HTA 62(1) 11 Assignment 3. When are you required to lower your high beam headlights when approaching a motor vehicle? • A. Within 150 metres Authority: HTA 168(a) 4. What is the strength of the bulb that illuminates the rear licence plate? • A. 3 candela Authority: 62(19) 12 Objectives • Interpreting HTA Sections • Facts in Issue • Open book 13 Updates • HTA updated often – Keep yours up to date • Service notified – Check when you return • Most up to date information is available through e-laws Link to e-Laws 14 Updates You will find some sections which have been passed by the legislature, but have not yet been proclaimed. They are not in force until proclaimed. – Yet to be proclaimed sections are shaded in grey both in (Macbeth) and Carswell 15 Regulations • Regulations were created for a specific purpose. i.e. Vehicle Permits - O. Reg. 628 Driver’s Licence - O. Reg. 340/94 • Also included is one catch all Regulation. – General Regulation - O. Reg. 596 16 Understanding HTA Sections • Read subsection 75 (4) and determine what three offences are created. • Locate the offences in your provincial offences short form wording book and write out the offences - including the sectional reference and set fine 17 Highway Traffic Act Offences Unreasonable noise- signaling device 75(4) - $85 Unreasonable smoke 75(4) - $85 Unnecessary noise 75(4) - $85 18 Highway Traffic Act Offences • Unreasonable noise - signaling device Anywhere - offence by “person” • Unreasonable smoke Highway - offence by “driver” • Unnecessary noise Highway - offence by “driver” 19 Where Is It Written That An Accident With Damage Apparently Exceeding $2,000.00 Must Be Reported To The Police? Index (Macbeth) Accident amount of damage to report ……...……...O Reg 596 S 11 amount of damage to report ………………….……..S-199 Accident reports by; driver, passengers, damage amount ………R-596 S11 driver S-199 ………………………………………..S-199 20 Facts in Issue Elements that must be proven – Time and Date (When) – Identity (Who) – Place (Where) – Plus specific facts in issue for particular charge (What) – (T.I.P.P.) 21 TRAFFIC OFFENCE ? While on patrol you see a Ford Mustang travelling southbound in the passing lane of a 60 km/h, marked - four lane, paved, level asphalt highway. As the Mustang passes a Honda occupying the curb lane the Mustang changes lanes to the right, without signaling, forcing the Honda to brake sharply to avoid a collision. 22 WHAT OFFENCE ? LETS LOCATE IN THE HIGHWAY TRAFFIC ACT THE OFFENDING DRIVING ACTION Unsafe Lane Change 142 or 154 (1) (a) HTA TURNS, SIGNAL TURN 142 23 WORDINGS? SHORT FORM WORDING BOOK Change lane - not in safety 142 (1) or 154 (1) (a) Fail to signal - lane change 142(1) Out of court settlement ? All offences are part one Provincial Offences Act $85.00 + surcharge $25 = $110.00 24 FACTS IN ISSUE • • • • • • • • Time, date, Identity of driver Place Plus specific facts in issue for particular charge Highway / Vehicle From one lane to another Shall see that such movement can be made in safety Fail to signal - lane change HTA 142(1) - As above and - if operation of any other vehicle may be affected give a signal plainly visible to driver of the intention to make such movement 25 Can Owner Be Charged? • Vehicle owner may be convicted section – HTA 207 (1 - 2) • No – Owner cannot be convicted of 142(1) HTA 26 DEMERIT POINTS • Section 56 HTA allows for a demerit point system • O.Reg 339/94 spells out the technical application of the demerit point system • How many demerit points for Change lane- not in safety 142(1) Vs Unsafe lane change 154(1)(a) • Consider how discretion can be exercised in relation to demerit points. 27 Assignment • Traffic Workbook – Workbook to be completed – Keep up to date 28