Highway Traffic Act 12

Question 1

You are on patrol and observe a motor vehicle approaching an intersection that is controlled by a stop sign. There are no sidewalks or markings on the road. The vehicle is required to stop:

1.) 5 metres immediately before entering the intersection

2.) Immediately before entering the intersection
Correct answer.

3.)Only after having a clear view of traffic approaching in either direction

4.) Beside the stop sign

Answer 1

2.) Immediately before entering the intersection
Correct answer.

Question 2

You observe a motor vehicle turn left into a private drive and almost collide with an oncoming car. What would be the appropriate charge?

1.) Improper left turn

2.) Left turn- fail to yield

3.) Fail to yield to traffic

4.) Turn - not in safety

Answer 2

4.) Turn - not in safety

Question 3

When a vehicle or streetcar is approaching a pedestrian crossover and is within ____ meters thereof, the driver of any other vehicle or streetcar approaching from the rear shall not allow the front extremity of his/her vehicle or streetcar to pass beyond the front extremity of the other vehicle or streetcar.

1.) 30

2.) 60

3.) 150

4.) 90

Answer 3

1.) 30

Question 4

A driver approaching from the rear of a school bus with lights activated and stop arm extended must stop at least ____ meters behind the bus.

1.) 30

2.) 20

3.) 15

4.) 25

Answer 4

2.) 20

Question 5

You observe a motor vehicle travelling towards a signalized intersection. When the light turns amber, the vehicle accelerates. The light turns red as the front bumper of the vehicle is approximately 4 metres past the stop line. The appropriate charge is:

1.) Red light – fail to stop

2.) Careless driving

3.) Amber light – fail to stop

4.) Red light – proceed before green

Answer 5

3.) Amber light – fail to stop

Question 6

Where does a driver have to stop when approaching an intersection controlled by a stop sign? Where do we find this in the HTA?

Answer 6

Found in: HTA Sec 136(1)(a)
* At the Marked Stop line
* Immediately before a Crosswalk
* Immediately before entering the intersection.

Question 7

Where are motorists required to stop when approaching a red traffic control signal at an intersection? Where do we find this in the HTA?

Answer 7

Found in: HTA Sec 144(5)
(a) at the sign or roadway marking indicating where the stop is to be made;
(b) if there is no sign or marking, immediately before entering the nearest crosswalk; or
(c) if there is no sign, marking or crosswalk, immediately before entering the intersection.
Note: The intersection does not have to be defined by the lines on the road

Question 8

What are some examples of driver actions which would be considered a stunt? Where do we find these driver actions outlined?

Answer 8

Found in: O Reg 455/07

Summary

Causing some or all of the tires to leave the ground (wheelies, endos, cornering on two wheels)
Causing some or all of the tires to lose traction (drifting)
Causing the vehicle to spin or circle without maintaining control (doughnuts)
Driving side by side with one vehicle in the oncoming lane for longer than reasonably necessary for passing (“chicken”)
Driving with a person in the trunk
Driving while not sitting in driver’s seat (“ghosting”).
Driving 50 km/h or more above the speed limit in 80km/h zones – 40km/h or more in less than 80km/h zones
Driving Carelessly while
Preventing someone from passing
Causing another driver to stop or slow down where they would no normally do so
Driving too close to another vehicle, pedestrian or fixed object
Jumping a green light to turn left in front of another vehicle

Question 9

Careless Driving Examples:

Answer 9

• Fell Asleep
• Staring at someone on
  sidewalk
• Applying make up
• Reading
• Committing multiple careless driving offences in a short time

Question 10

Two or more violations may lead to careless driving charge:

Examples:

Answer 10

• Excessive speed and unsafe lane changes
• Speeding and disobeying a stop sign
• Disobeying a red light and making an improper lane change
• Speeding and disobeying a stop sign
• Disobeying a red light and making an improper lane change
• Rear ending a motor vehicle while applying make up or reading newspaper

Question 11

Careless driving results in how many demerit points?

Answer 11

6 points

Question 12

If a person is convicted of two or more offences how many demerit points can they lose?

Example: Careless driving (6 points) and No seat Belt (2 points)

Answer 12

You will only lose points from one offence (the highest amount) in this case 6 for the careless driving charge

Question 13

True or False?

The offence of carless driving can be committed in a Walmart parking lot.

Answer 13

False

Question 14

True or False?

Careless driving is an arrestable provincial driving offence.

Answer 14

True

Question 15

True or False?

The offence of following too close can be difficult to prove in a rear end collision.

Answer 15

True

Question 16

The driver of a ______ shall not follow another vehicle or streetcar more closely than is reasonable and prudent having due regard for the speed of the vehicle and the traffic on and conditions of the highway.

a.) Motor vehicle or street car

b.) Farm tractor or self propelled implement of husbandry

c.) Vehicle or street car

Answer 16

a.) Motor vehicle or street car

Question 17

The Highway Traffic Act refers to following too closely as:

a.) Tailgating

b.) Short Following

c.) Headway

Answer 17

c.) Headway

Question 18

Dangerous Driving (C.C)

Answer 18

320.13(1) Everyone commits an offence who operates a conveyance in a manner that having regard to all of the circumstances is dangerous to the public.

Punishment 320.19(5)

(2) Every one who commits an offence under subsection (1) is liable

(a) on conviction on indictment to imprisonment for a term of not more than 10 years; or

(b) On summary conviction, to imprisonment for a term of not more than two years less a day.

Question 19

Careless Driving VS Dangerous Driving

Answer 19

• Careless Driving is a provincial offence under the HTA (white book)
• Dangerous Driving is a criminal offence under the Criminal Code (red book)
• Dangerous Driving involves is considered a marked departure from the conduct of a reasonably prudent driver. Careless driving is an error in judgement deserving punishment.

Question 20

Some of the circumstances where you would consider dangerous instead of careless could include:

Answer 20

• intentionally driving through stop signs
  knowing your windshield wipers are not working and killing a pedestrian in a rainstorm
• 150 km/h, passing over a hill and striking a cyclist
• failing to clear snow off windshield and striking a pedestrian

Question 21

The difference between: Careless , Dangerous and Criminal Negligence

Answer 21

• Careless Driving goes beyond mere disobedience of the rules of the road
• Dangerous Operation has an element of intent – a marked departure from the conduct of a reasonably prudent driver.
• Criminal Negligence has a marked and substantial departure from the conduct of a reasonably prudent driver.

Question 22

Dangerous Driving: Bodily Harm

Answer 22

The two criteria for Dangerous Driving Causing Bodily Harm, as per CC Sec 320.13(2) and Sec 2 CC., include:

The bodily harm must be to someone other than the driver

Bodily harm must be more than transient or trifling in nature

Question 23

Criminal Negligence: Criminal Charges

Answer 23

• Causing bodily harm (Section 221 C.C)
• Causing Death (Section 220 C.C)

REMEMBER:

In Bodily Harm section 221 C.C. someone other than the driver must be injured and

In Death section 220 C.C. someone other than the driver must have died.

Question 24

What kind of charge is Careless Driving?

Answer 24

• Provincial Charge

it is described as an error in judgment that goes beyond the mere disobedience of the rules of the road.

Question 25

What kind of charge is Dangerous Driving?

Answer 25

• Criminal Charge
• Charge introduces an element of intent and is described as a marked departure from the conduct of a reasonably prudent driver.

Question 26

What kind of charge is Criminal Negligence?

Answer 26

• Criminal Charge
• Described as a marked and substantial departure from the conduct of a reasonably prudent driver. Often times, Criminal Negligence also includes the presence of aggravating factors such as the poor mechanical condition of a vehicle which was known to the accused as well as the standard of care or expectation is higher for professional drivers.

Question 27

Flight Police Pursuit

Answer 27

Everyone commits an offence who operates a motor vehicle or vessel while being pursued by a peace officer and who fails, without reasonable excuse, to stop the motor vehicle or vessel as soon as is reasonable in the circumstances.

The punishment:

(4) Every person who commits an offence under subsection 320.17 is liable

(a) On conviction on indictment, to imprisonment for a term of not more than 10 years; or

(b) On summary conviction, to imprisonment for a term of not more than two years less a day.

Question 28

True or False?

A Criminal Code driving offence is more serious along the continuum than a provincial driving offence.

Answer 28

True

Question 29

True or False?

Dangerous driving is an included offence with Criminal Negligence causing bodily harm or death.

Answer 29

True

Question 30

A marked departure from the conduct of a reasonably prudent driver and an element of intent describe the offence of:

a.) Criminal Negligence

b.) Careless Driving

c.) Dangerous Driving

Answer 30

c.) Dangerous Driving

Question 31

What is an essential element for proving Criminal Negligence?

a.) A total disrespect

b.) Reckless and over disregard for the road users

c.) A wanton or reckless disregard for the lives or safety of others

Answer 31

c.) A wanton or reckless disregard for the lives or safety of others