Highway Traffic Act #3 Police Authorities PDF

www.opcva.ca Highway Traffic Act #3 Police Authorities Version: BCT Jan 2021 © Queen's Printer for Ontario, 2018 Review 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. 2...

www.opcva.ca Highway Traffic Act #3 Police Authorities Version: BCT Jan 2021 © Queen's Printer for Ontario, 2018 Review 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. 2 Objectives • Authority To Stop Motor Vehicles • Other Police Authorities Under the HTA 3 Police Authorities Your Police Authorities are found in: • Highway Traffic Act and Regulations • Macbeth “short form wording” book 4 Authority to Stop Vehicles HTA 216(1) A police officer, in the lawful execution of his or her duties and responsibilities, may require the driver of a vehicle to stop and the driver of a vehicle, when signaled or requested to stop by a police officer who is readily identifiable as such, shall immediately come to a safe stop. 5 Authority to Stop Vehicles HTA 48(1) A police officer, readily identifiable as such, may require the driver of a motor vehicle to stop for the purpose of determining whether or not there is evidence to justify making a demand under section 320.27 or 320.28 of the Criminal Code. • Allows spot checks such as a RIDE program, or stops where evidence of impairment exists. • Definition of MV for this section also includes a street car and a motorized snow vehicle. 6 Authority to Stop Vehicles Regina v. Hayes Ontario Court of Appeal • • • • Officers have authority to stop motor vehicles to see if drivers: Have a valid driver’s licence Have insurance Licence is not suspended or privilege to drive is not prohibited. Have permit for motor vehicle 7 Authority to Stop Vehicles However, Case Law – Brown vs. Durham Regional Police (1998, Ontario Court of Appeal) – R vs. Harrison (2009, Supreme Court) – R Vs. Gardner (2018, Ontario Court of Appeal) • You need a reason to stop a motor vehicle on a highway – does not have to be an unlawful reason (public safety) • You have to articulate and explain your reason for the traffic stop, in that the traffic stop was not arbitrary. 8 HTA Arrest Authorities • Arrest authority - found in HTA. • Release options- found in Provincial Offences Act Sec 149 • 149 (1) Where a police officer, acting under a warrant or other power of arrest, arrests a person, the police officer shall, as soon as is practicable, release the person from custody after serving him or her with a summons or offence notice. 9 POA 149. (1) …as soon as is practicable, release the person from custody after serving him or her with a summons or offence notice unless the officer has reasonable and probable grounds to believe that, (a) it is necessary to… (i) establish the identity of the person, (ii) secure or preserve evidence of or relating to the offence, or (iii) prevent the continuation or repetition of the offence or the commission of another offence; OR (b)the person arrested is ordinarily resident outside Ontario and will not respond to a summons or offence notice. 10 11 HTA Arrest Authorities 217(2) HTA – Police Officer may arrest on reasonable and probable grounds for those offences listed Following slides detail some of the offences. Arrestable Offences in SFW book are italicized. 12 Arrest Authorities Driver Fail to Identify - HTA 33(3) • Driver (or accompanying driver for Novice driver) unable or refuses to surrender driver’s licence, AND • fail to give reasonable identification • Must have both to arrest without warrant 13 Arrest Authorities Driver Fail to Identify - HTA 33(3) • Surrender Drivers Licence for reasonable Inspection upon the demand of a police officer. • Reasonable Inspection means to hold it in your hand in order to determine validity, not expected to view it through a car window. • For this Section, reasonable identification includes verbally providing a correct name and address. 14 Arrest Authorities Driver Fail to Identify - HTA 33(3) – Highway – Driver fail to give identification OR – Accompanying driver fail to give identification Set fine $85.00 HTA 33(3) 15 Arrest Authorities Is a passenger in a motor vehicle who appears to be over 16 years required to identify themselves upon demand of a Police Officer? • NO Are there exceptions to this rule ? • YES 16 Arrest Authorities Passenger – Seat Belt Offence – HTA 106(8.2) • Passenger in a motor vehicle on a highway • Appears to be at least 16 years of age • Reason to believe contravening seat belt legislation • On request shall give a police officer reasonable identification of himself or herself (for such purposes, giving his or her correct name, date of birth and address is reasonable identification.) 17 Arrest Authorities Careless Driving – HTA 130 • Drive vehicle or streetcar carelessly – Highway – Careless Driving $400.00 – Careless Driving – Community Safety Zone No Set Fine 18 Arrest Authorities Race, Contest or Stunt – HTA 172 • No person shall drive a motor vehicle on a highway in a race or contest, while performing a stunt or on a bet or wager – Highway only 19 Arrest Authorities Refuse to accompany a police officer off a highway prohibited to pedestrians – HTA 185(3) – Pedestrian on prohibited highway – May be required to accompany officer to the nearest intersecting highway where pedestrians are not prohibited – Apprehension – check SFW book, no fine is associated. 20 Arrest Authorities Driver fail to stop for Police – HTA 216(1) • Driver fail to stop immediately when signaled or requested • by a police officer who is in the lawful execution of his or her duty and readily identifiable – Highway only – Off duty enforcement is not recommended, only for imminent injury or death, i.e. Impaired driver all over the road. 21 Arrest Authorities Under HTA 217(3.1) Stop motor vehicle to offer or sell commodity or service – HTA 177(2) HTA 177(2) - Person on roadway stopping, attempting to stop or approaching motor vehicle for the purpose of offering, selling or providing commodity or service… i.e. Squeegee Kids. 22 Arrest Authorities Under HTA 217(3.1) HTA 217(3.1) May arrest if: – Has contravened HTA 177(2) AND – Has been directed to stop OR – RPG it is necessary to establish identity or prevent continuation/repetition 23 Arrest Authorities Under 39.1 (7) May arrest if: – Has contravened HTA Sec 39.1(6) – Picking up passengers for compensation without a licence, permit, or authorization – and fails to provide identification (name/DOB/address) 24 Arrest Authorities Under HTA 218(4) Cyclist fail to stop/identify HTA 218(4) – Cyclist contravening HTA or By-law – May be required to stop by a police officer – Shall stop and identify himself or herself (name and address) 25 Authority To Demand Identification • Driver shall carry licence while in charge of motor vehicle or street car and shall surrender for reasonable inspection upon the demand of a police officer – 33(1) HTA – Highway – Fail to surrender driver’s licence (no arrest authority) – $85.00 26 Authority To Demand Identification • Accompanying driver shall carry licence and shall surrender for reasonable inspection on demand. (G1 Driver) – 33(2) HTA – Highway – Accompanying driver fail to surrender licence – $85.00 27 Search Authority • Speed Measuring Warning Device AKA Radar Detector – Without warrant may stop, enter and search a motor vehicle believes is equipped with, carries or contains a speed measuring warning device and may seize any device found in or upon the motor vehicle – 79 (3) HTA – Highway – Drive motor vehicle with speed measuring warning device – $140.00 – No search authority for driver or occupants 28 Search Authority • Ignition Interlock ( Authority in force as of July 1st, 2018) – Without warrant may stop, enter and search a motor vehicle, IF IT HAS BEEN DETERMINED THAT THE DRIVERS LICENCE OF THE DRIVER IS SUBJECT TO A CONDITION “I”, to determine whether the vehicle has such a device or, if the vehicle does have a device, to determine if the device has been tampered with – 79.2 HTA – Highway – No search authority of driver or passengers 29 Search Authority • Pre-empting Traffic Control Signal Device – Without warrant may stop, enter and search a motor vehicle believes is equipped with, carries or contains a pre-empting traffic control signal device and may seize any device found in or upon the motor vehicle – 79.1 (3) HTA – Highway – Drive motor vehicle with pre-empting traffic control device – $140.00 – No search authority of driver or passengers 30 Seizure – Driver’s Licence • Person in possession of licence contrary to section 35(1). • Police Officer may take possession of the licence – forward to Registrar. – 35(3) HTA – Anywhere Exception : D.L. suspended for medical reasons not being presented as a valid DL. (July 1st, 2018) 31 Towing -Motor Vehicle/Vehicle • Parked in place prohibited by HTA – 170(7) HTA – Vehicle – Highway • Parked / stopped contrary to 170 (12) (interfering with traffic, snow removal) or contravention of municipal bylaw – 170(15) HTA – Vehicle – Highway 32 Towing -Motor Vehicle/Vehicle • Detaining vehicle when arrest is made 217 (4) HTA • Vehicle apparently abandoned on or near a highway 221(1) HTA • Motor vehicle without proper number plates 221(1) HTA • R Vs Donkley / R Vs Ellis (2016 ONCA) 33 Towing -Motor Vehicle/Vehicle • Where a Police Officer considers it reasonably necessary – to ensure orderly movement of traffic; or – to prevent injury or damage to persons or property, • may remove and store or order the removal and storage of a vehicle, cargo or debris • directly or indirectly impeding or blocking the normal and reasonable movement of traffic on a highway HTA 134.1 34 Surrender of Documents • 33(1) HTA Driver to surrender Driver’s licence • 7(5) HTA Driver to surrender a Permit or true copy • 16(4) HTA – CVOR Commercial vehicle operators registration. Driver of commercial motor vehicle shall surrender CVOR • 3(1) CAIA (Compulsory Insurance Act) Operator shall surrender an insurance card for the motor vehicle. (Proof of insurance can also be provided electronically Sep 5th, 2019) • All documents surrendered upon the demand of a Police Officer 35 Commercial Vehicle Operators Registration CVOR 36 Seizure – Plates / Validation • Improper number plate attached to motor vehicle -- 14(1)(a) HTA – Anywhere • Improper validation displayed on a motor vehicle - 14(1)(b) HTA • -Anywhere 37 Seizure – Plates / Validation Unsafe motor vehicle 82(13) HTA – Are you authorized to seize the number plates? – Yes – Highway 38 Stopping for Emergency Vehicles When are drivers required to stop or pull over for emergency vehicles? • Shall immediately bring such vehicle to a standstill 159(1) 39 Approaching a Stopped Emergency Vehicle or Tow Truck • 159(2) and (3) HTA • Vehicle on a highway • Approaching a stopped emergency vehicle with its lamp producing intermittent flashes of red light or red and blue light or a tow truck with amber flashing light – shall slow down and proceed with caution – move into another lane if the movement can be made safely. 40 Exemption – Lights / Siren • 62 (14.1),(14.2),(15), (21), (32) HTA – Red/Blue light to the front – emergency vehicles • 75(6) HTA – Siren • 169(1) HTA – Alternating high beams 41 Exemptions – Highways • 134(4) HTA – Driving on a closed highway • 157(1) HTA – Backing on a highway divided by a median strip with a maximum speed in excess of 80 km/h. 42 Exemption - Speed • 128(13)(b) HTA • a police department vehicle being used in the lawful performance of a police officer’s duties • The exemption is specific for police and fire department vehicles, and ambulances. Does not include conservation vehicles. • GPS Monitored by most Services. 43 Exemption – Red Light • 144(20) HTA – Proceed before green • Must STOP for RED • Safe to proceed • Vehicle used in lawful performance of duty • Must have siren continuously sounding • Must have flashes of red light visible in all directions – READ section 144(1) for different light combinations and vehicles. Conservation vehicles are not exempted 44 Exemption - Seatbelts • O Reg 613 Sec 2 – A police officer or peace officer who in the lawful performance of his or her duty is transporting a person in his or her custody is exempt from subsections 106(2) (3) and (4) of this Act. • Peace officer includes a Conservation Officer. 45 Next Class • Driver’s Licences • Students will complete Traffic workbook questions found in the OPCVA upon completion of each session. 46