Q&A - It Wasn't a School Zone

Q&A ImageCurrently, I am disputing a ticket I received back in June; I was clocked on radar doing 60 km/h through a school zone and was alleged to have violated Section 147(1). However, the section of road I was travelling on is a fairly busy two-lane road, and as such the signs indicating the school zone do not have the "30 km/h" speed limit sign under them.

I intend to take pictures of the signs as they stand now (they haven't changed) and obtain proof from the city that they have not been altered since the event.

I am wondering, though, if I may still be in trouble for travelling too fast or if my argument may not hold up as a result (Ie. I was still travelling too fast for a school zone). I assume I can't be charged with something else after the fact, can I?

Comments

Answer

Schools and playgrounds

147(1) A person driving a vehicle on a regular school day and on a highway where signs are displayed stating a speed limit of 30 km/h, or on which the numerals "30" are prominently shown, must drive at a rate of speed not exceeding 30 km/h while approaching or passing the school building and school grounds to which the signs relate, between 8 a.m. and 5 p.m., or subject to subsection (1.1), between any extended times that are stated on the signs.

If the sign does not have a black on white tab below the pentagon it is merely a warning to drivers that a hazard exists because of proximity to a school. It does not require a legally mandated speed reduction.

You don't say what the speed limit was, so I can't comment on whether you were speeding or not. Remember that any amount of speed over the speed limit is speeding though.

Taking pictures of the signs as near to the date of the offence as possible (remember to take 3 copies of each photo to court) and testifying that this was the state of signage on the day of the alleged offence should be enough, but a letter from the city may be of some help if you can get it.

In the circumstances that you describe, in order to issue a speeding ticket the officer would have been better to choose Speed in Municipality or Speed Against Municipal Sign, depending on what the limit in effect was.

Thanks

Thanks for the reply. The situation was exactly as you described, there wasn't a sign underneath the pentagon suggesting that I was required to go 30 km/h.

This occured in a 50 km/h speed zone. That being said and with my speed recorded on radar, is the officer or courts able to issue another ticket or amend this one to reflect a different charge?

Backtracking

Yes, if the officer realizes that an error has been made, he can correct it.

The simplest solution is to issue a new ticket. This can be done up to one year from the date of the offence. If I couldn't find the person to serve a new ticket to, I simply waited until they showed up for trial on the original one, served the new one and advised them that they could either proceed on that date if they were ready, or they could request an adjournment in order to prepare. I only did this a handful of times and cannot recall anyone that requested the adjournment.

The court did not take issue with the person being served a new ticket.

 

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