Highway Traffic Act Flashcards
what is a highway as defined by the HTA?
an area intended for or used by the general public for the passage of vehicles
Where the HTA section is not limited to highways, it may include
private property
What is a vehicle as defined by the HTA?
the definition includes motor vehicles, vehicles powered by means other than muscular power, bicycles, and other vehicles that are powered by muscular power
What kinds of offences does the HTA contain?
- full mens rea
- strict liability
- absolute liability
What does Section 55 of the HTA state (lesser offences)?
Where the offence as charged includes another offence, the defendant may be convicted of the included offence where it is proved, even though the whole offence charged is not proved.
when can automated speed enforcement be used as evidence in prosecuting offences?
- speeding that occured in the community safety zone where the prescribed rate of speed is less than 80km/hr
- speeding in a school zone
- red light failure to stop/proceeding before the light turns green
What are the liability limits when a defendant is prosecuted as owner of a vehicle?
neither demerit points nor a driver’s license suspension are available upon conviction
where the prosecutor is relying on a speed measuring device to prosecute an offence, the scope of disclosure includes
the testing and operating procedures set out in the user manual for that device
for strict liability offences, the defendant may raise a defence of
due diligence
When is a due diligence defence available?
when the defendant reasonably believed in a mistaken set of facts which, if true, would render the act innocent
OR
if the defendant took all reasonable steps to avoid committing the prohibited act
What are the 6 elements of the defence of officially induced error?
- the error must constitute an error of law or mixed fact and law
- the def. must have considered the legal consequences of their actions and sought advice
- the advice must have been obtained from an appropriate official
- the advice must have been erroneous
- the defendant must have reasonably relief on the advice in committing the act
What does a finding of officially induced error lead to?
a judicial stay of proceedings
What does section 216 of the HTA grant police officers?
Search powers: specific powers to detain drivers in particular circumstances. Police officers acting in the lawful execution of their duties and responsibilities have the general power to require the driver of a motor vehicle to stop
when can a police officer search a vehicle under the HTA?
- an officer may at any time examine a commercial vehicle and its contents and equipment to ascertain compliance with the HTA and related acts
- an officer can require the driver of a vehicle to surrender certain documents
- an officer may require the driver of a vehicle to move it to a safe location and surrender for tests and examinations
The Liqour license and Control Act (2019) authorizes a police officer to
search a vehicle, boat and its occupants without a warrant where they have reasonable grounds to believe that liquor is being unlawfully kept in that vehicle or boat. Same power is available under the Cannabis Control Act, 2017
Section 33 of the HTA permits an officer to require a driver/operator of a motor vehicle to surrender
their license for inspection upon the reasonable demand of a police officer
Section 218 of the HTA requires cyclists to
provide their correct name and address to a police officer who finds the cyclist contravening the HTA or any municipal bylaws regulating traffic
When does a police officer have the power to arrest under the HTA?
When the officer believes, on reasonable grounds, that certain serious HTA offences have been committed, they may arrest without a warrant the person they believe committed the contravention
how long do demerit points stay on a person’s record?
for a period of two years from the date of the offence
If a fully licensed driver obtains 15 or more demerit points, their license is suspended for at least
30 days, and after that, 15 or more points results in a suspension of at least 6 months
who is a novice driver per the HTA?
a driver who holds a G1 or G2 license
who is a young driver per the HTA?
A driver less than 22 years of age
A novice driver who contravenes section 44.1 of the HTA is subject to
a fine of $85 if Part I
a fine of no less than $60 and no more than $500 if Part III
a suspension of 30 days for first conviction, 90 day suspension for second conviction, and cancellation of license for third conviction
What is section 44.1 of the HTA?
requires zero blood alcohol for novice and young drivers
Section 53 of the HTA prohibits
driving while license is suspended, a strict liability offence
The minimum fine for a section 53 offence is
$1,000, with a max fine of $5,000
What kind of offence is speeding?
An absolute liability offence
operating a motor vehicle without insurance is a
strict liability offence
