Anyone here a lawyer?

I want to look more in depth on the regulations of posting speed limit signs. Where would I find this information? ( besides a lawyer ) Is there any links?




Speed limits posted
(3) A maximum rate of speed set under subsection (2) shall be posted by means of signs prescribed by the regulations and is not effective unless it is so posted. 2005, c. 26, Sched. A, s. 18.


http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90h08_e.htm#BK214

every internet forum has people who like to play lawyer.

back in the day, there was a term "barracks lawyer" that came from advice given by guys in the army to one another. This should be obsoleted and replaced by "forum lawyer".

good luck in your quest...

This is a guess, but have you tried your local public library?

CmdrData said:

This is a guess, but have you tried your local public library?

Click to expand...

I was hoping to avoid the public library, however what else do i have to loose.

I am mainly looking for info on obstructions in front of signs. That may be my only hope.

Snap a picture, bring it to court...

I'd even be weary of lawyers on fora... I knew a lawyer on another forum who was a douchebag. Couldn't argue worth crap (always flawed logic) so I could out-debate him on any issue... But he was bona fide laywer!

that and the bush the p0rk was hiding in on private property (trespassing?)

I don't know your circumstances, but I think the first metre or two of someone's front lawn is legally accessible by city staff... Only know that since my parents had by-law hounding them (twice) for putting a big rock on their front lawn, within a metre of the sidewalk...

Mr_Moe said:

I want to look more in depth on the regulations of posting speed limit signs. Where would I find this information? ( besides a lawyer ) Is there any links?

Speed limits posted
(3) A maximum rate of speed set under subsection (2) shall be posted by means of signs prescribed by the regulations and is not effective unless it is so posted. 2005, c. 26, Sched. A, s. 18.


http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90h08_e.htm#BK214

Click to expand...

Avoid the lawyers, they won't get you far here. Start by contacting your local City Engineer and/or transportation management agency. You'll need to find out who has jurisdiction over the roadway. I'm not how it works in canadia, but in the states there's City, county, state, federal and sometimes private jurisdictions on the roads. Whoever has jurisdiction makes and administers the rules.

I believe there is a requirement of a "letter of permission" from the landowner in order for the police officer to be able to set up radar on private property.Where the" roadallowance " comes in to play is a matter of interpretation .

Well after some reading this will be may case.

Highway Traffic Act - R.R.O. 1990, Reg. 615
45. A sign prescribed by this Regulation shall be so placed as to be visible at all times for a distance of at least 60 metres to the traffic approaching the sign. R.R.O. 1990, Reg. 615, s. 45.


Since there are branches in the way of the speed limit sign, this should be throw right out (me hopes). I will take a pic from the 59 meter mark and hopefully i will win. BTW I have a meeting with the prosecutor, is it safe to say that he will throw it out after seeing the pic?

(If only we could fine the city for obstruction of posted signs...)


For future reference I highly recommend this site for Acts and Regulations.

http://www.e-laws.gov.on.ca/navigation?file=home&lang=en

I used to work for the traffic department for my town while I was in school (repsonsible for installing traffic signs). Call you town/city and speak with the Traffic Foreman. They'll know all the laws for your town.
The foreman i worked for, used that info to get his wife off a ticket once.

Not sure of your specific case, but there is the limit of 50km/h if unmarked.

How fast were you going and what was the max limit? Reason I'm asking is that if you were going 130 on a residential street, it doesn't matter what the sign says since the limit is 50 under the HTA unless posted otherwise, so not having seen the sign makes no difference. (Extreme example, but you get my drift...)

yes, but the law also states that when a sign is not present, 50km is to be the maximum assumed speed.

it was on the edge of town where the next visible sign is 70.