Highway Traffic Act

Question 1

what is a highway as defined by the HTA?

Answer 1

an area intended for or used by the general public for the passage of vehicles

Question 2

Where the HTA section is not limited to highways, it may include

Answer 2

private property

Question 3

What is a vehicle as defined by the HTA?

Answer 3

the definition includes motor vehicles, vehicles powered by means other than muscular power, bicycles, and other vehicles that are powered by muscular power

Question 4

What kinds of offences does the HTA contain?

Answer 4

• full mens rea
• strict liability
• absolute liability

Question 5

What does Section 55 of the HTA state (lesser offences)?

Answer 5

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.

Question 6

when can automated speed enforcement be used as evidence in prosecuting offences?

Answer 6

• 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

Question 7

What are the liability limits when a defendant is prosecuted as owner of a vehicle?

Answer 7

neither demerit points nor a driver’s license suspension are available upon conviction

Question 8

where the prosecutor is relying on a speed measuring device to prosecute an offence, the scope of disclosure includes

Answer 8

the testing and operating procedures set out in the user manual for that device

Question 9

for strict liability offences, the defendant may raise a defence of

Answer 9

due diligence

Question 10

When is a due diligence defence available?

Answer 10

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

Question 11

What are the 6 elements of the defence of officially induced error?

Answer 11

• 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

Question 12

What does a finding of officially induced error lead to?

Answer 12

a judicial stay of proceedings

Question 13

What does section 216 of the HTA grant police officers?

Answer 13

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

Question 14

when can a police officer search a vehicle under the HTA?

Answer 14

• 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

Question 15

The Liqour license and Control Act (2019) authorizes a police officer to

Answer 15

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

Question 16

Section 33 of the HTA permits an officer to require a driver/operator of a motor vehicle to surrender

Answer 16

their license for inspection upon the reasonable demand of a police officer

Question 17

Section 218 of the HTA requires cyclists to

Answer 17

provide their correct name and address to a police officer who finds the cyclist contravening the HTA or any municipal bylaws regulating traffic

Question 18

When does a police officer have the power to arrest under the HTA?

Answer 18

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

Question 19

how long do demerit points stay on a person’s record?

Answer 19

for a period of two years from the date of the offence

Question 20

If a fully licensed driver obtains 15 or more demerit points, their license is suspended for at least

Answer 20

30 days, and after that, 15 or more points results in a suspension of at least 6 months

Question 21

who is a novice driver per the HTA?

Answer 21

a driver who holds a G1 or G2 license

Question 22

who is a young driver per the HTA?

Answer 22

A driver less than 22 years of age

Question 23

A novice driver who contravenes section 44.1 of the HTA is subject to

Answer 23

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

Question 24

What is section 44.1 of the HTA?

Answer 24

requires zero blood alcohol for novice and young drivers

Question 25

Section 53 of the HTA prohibits

Answer 25

driving while license is suspended, a strict liability offence

Question 26

The minimum fine for a section 53 offence is

Answer 26

$1,000, with a max fine of $5,000

Question 27

What kind of offence is speeding?

Answer 27

An absolute liability offence

Question 28

operating a motor vehicle without insurance is a

Answer 28

strict liability offence