Highway Traffic Act Flashcards
HIGHWAY TRAFFIC ACT
Arrest Authorities
•False statement, change of name or address, obliterated vehicle no., etc.
Penalty for false statement, inaccurate information
- Use plate not authorized, defaces plate, permits use of plate etc
- confuse identity of plate
- failure to identify
- persons who have cancelled suspended permits, licenses, CVOR apply for such when prohibited to do so
- driving while under suspension
- passenger fail to identify - seatbelt infraction
- careless driving
- race motor vehicle
- defacing or removing notice on highway
- pedestrian on highway, prohibited area (removed to nearest intersection where pedestrians are permitted)
- fail to remain at the scene of accident
- fail to stop for police
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HIGHWAY TRAFFIC ACT
Search & Seizure Authorities
- POA Search Warrant
- CVOR - if driving with suspended or no valid CVOR the vehicle may be detained and CVOR and plates seized until violation remedied
- Disabled Parking Permit - may be seized if person is caught using or has been used against Reg’s
- Driver’s Licence - if cancelled, revoked, suspended, fictitious, altered, fraudulently obtained, lent, borrowed or more than one
- Plates, Permit, Validation - if not authorized, defaced, altered, or obtained by false pretences or unsafe vehicle (seize plates)
- Radar/Lidar Detector - Stop, enter and search motor vehicle on RG and seize Device
- Unsafe Motor Vehicle - if unsafe vehicle can seize plates and remove inspection sticker
- Inspection Sticker Invalid or Missing - if inspection sticker is not displayed as prescribed by Reg’s officer may seize plates of the vehicle
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HIGHWAY TRAFFIC ACT
Towing Authorities
- Abandoned on or near a highway
- Improper plates
- After arrest - for evidence
- Interfering with snow removal or traffic
- Parked in Prohibited place
- Driver, or Novice Driver licence is being suspended for failing ASD
- Accompanying Driver fails ASD
- CVOR Contravention
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HIGHWAY TRAFFIC ACT
Suspensions and Impoundments Vehicles
- 90 Day Impound - Sc 47, Sc 51, Sc 53 or CC 253, 254, 255 or second conviction of 252
- VIP - 7 Day Impound - drivers caught driving under suspension EXCEPT Default fines, Medical
- Ignition Interlock 7 Day Impound - If caught driving without having the device
- Warn Range - 3/7/30 Day Suspension
- Over 80/Fail to Provide - 7 Day Impound & 90 Day Suspension
- Racing/Stung Driving - 7 Day Impound & 7 Day Suspension
- Criminal Code Suspension - 45/90/180 Day Impound - Must have been caught on highway
- Above Zero BAC - 1 Day Suspension - G1/G2 and drivers under 22 with BAC> 0
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HIGHWAY TRAFFIC ACT
Common Offences
- Fail to Remain - m/v on highway, any accident with damage, directly or indirectly involved, Driver MUST remain or immediately return AND upon request provide information, ARRESTABLE
- Fail to Report (HTA 199) - m/v, anywhere, any accident with damage exceeding $1000 OR Personal Injury, vehicle directly/indirectly involved, MUST report forthwith NOT ARRESTABLE
- Fail to Report (HTA 201) - m/v, on highway, damages property on or along highway MUST report forthwith NOT ARRESTABLE
- Fail to STOP (CC Charge) - person in care, or control of vehicle involved in accident with person/vehicle/vessel/aircraft/cattle ANYWHERE, and intent to escape civil or criminal liability ARRESTABLE and CC Charge
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HIGHWAY TRAFFIC ACT
Arrest Authority
Documents to be carried and surrendered
(4) Every driver of a motor vehicle other than a bus who picks up a passenger for the purpose of transporting him or her for compensation where a licence, permit or authorization is required to do so, as described in subsection (1), shall,
(a) carry the original or a copy of the required licence, permit or authorization; and
(b) upon the demand of a police officer or officer appointed for carrying out the provisions of this Act, surrender the original or copy of the required licence, permit or authorization for reasonable inspection. 2005, c. 26, Sched. A, s. 4.
Officer may require identification
(5) A police officer or officer appointed for carrying out the provisions of this Act who has reasonable and probable grounds to believe that a person has contravened subsection (3) may require that person to provide identification of himself or herself. 2005, c. 26, Sched. A, s. 4.
Same
(6) Every person who is required to provide identification under subsection (5) shall identify himself or herself to the officer and, for that purpose, giving his or her correct name, date of birth and address is sufficient identification. 2005, c. 26, Sched. A, s. 4.
Same
(7) A police officer may arrest without warrant any person who does not comply with subsection (6). 2005, c. 26, Sched. A, s. 4.
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HIGHWAY TRAFFIC ACT
Soliciting rides or business from drivers
Soliciting rides prohibited
- (1) No person, while on the roadway, shall solicit a ride from the driver of a motor vehicle other than a public passenger conveyance. 1999, c. 8, s. 7 (1).
Soliciting business prohibited
(2) No person, while on the roadway, shall stop, attempt to stop or approach a motor vehicle for the purpose of offering, selling or providing any commodity or service to the driver or any other person in the motor vehicle. 1999, c. 8, s. 7 (1).
Arrest without warrant for contravention of subs. 177 (2)
(3. 1) A police officer who believes on reasonable and probable grounds that a person has contravened subsection 177 (2) may arrest the person without warrant if,
(a) before the alleged contravention of subsection 177 (2), the police officer directed the person not to engage in activity that contravenes that subsection; or
(b) the police officer believes on reasonable and probable grounds that it is necessary to arrest the person without warrant in order to establish the identity of the person or to prevent the person from continuing or repeating the contravention. 1999, c. 8, s. 7 (2).
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HIGHWAY TRAFFIC ACT
Detaining vehicle when arrest is made
(4) A police officer or officer appointed for carrying out the provisions of this Act, making an arrest without warrant, may detain the motor vehicle with which the offence was committed until the final disposition of any prosecution under this Act or under the Criminal Code (Canada), but the motor vehicle may be released on security for its production being given to the satisfaction of a justice of the peace or judge. R.S.O. 1990, c. H.8, s. 217 (4).
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HIGHWAY TRAFFIC ACT
Duty of person arresting without warrant
(6) A police officer or officer appointed for carrying out the provisions of this Act, making an arrest without warrant, shall, with reasonable diligence, take the person arrested before a justice of the peace or provincial judge to be dealt with according to law. R.S.O. 1990, c. H.8, s. 217 (6).
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HIGHWAY TRAFFIC ACT
Cyclist to identify self
- (1) A police officer who finds any person contravening this Act or any municipal by-law regulating traffic while in charge of a bicycle may require that person to stop and to provide identification of himself or herself. R.S.O. 1990, c. H.8, s. 218 (1).
Idem
(2) Every person who is required to stop, by a police officer acting under subsection (1), shall stop and identify himself or herself to the police officer. R.S.O. 1990, c. H.8, s. 218 (2).
Idem
(3) For the purposes of this section, giving one’s correct name and address is sufficient identification. R.S.O. 1990, c. H.8, s. 218 (3).
Idem
(4) A police officer may arrest without warrant any person who does not comply with subsection (2). R.S.O. 1990, c. H.8, s. 218 (4).
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HIGHWAY TRAFFIC ACT
False statement, change of name or address, obliterated vehicle no., etc.
Penalty for false statement, inaccurate information
9. (1) Every person who submits a false or inaccurate document, makes a false statement or includes inaccurate information in or with a written or electronic application, declaration, affidavit or other document required by the Ministry or under this Act is guilty of an offence and on conviction, in addition to any other penalty or punishment to which the person may be liable, is liable to a fine of not less than $400 and not more than $5,000 or to imprisonment for a term of not more than 30 days, or to both, and in addition the person’s driver’s licence or vehicle permit may be suspended for a period of not more than six months. 2008, c. 17, s. 32 (1).
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