Speeding Ticket Law - Ontario Highway Traffic Act

Section 128 of the Ontario Highway Traffic Act deals with speeding tickets. The section says the following and the actual link to the Ontario Traffic Act is www.OntarioHighwayTrafficAct/Speeding

1)	No person shall drive a motor vehicle at a rate of speed greater than,
	a) 80 Kilometers per hour,
	b) on a highway not within a city, town, village, police village or built-up area.
	c) on a highway designated by the Lieutenant Governor in Council as a controlled-access highway under the Public Transportation and Highway Improvement Act, whether or not such a highway is within a city, town, village, police village or built-up area;
	d) subject to clause (a), 50 kilometres per hour on a highway within a city, town, village, police village or built-up area;
	e) the rate of speed prescribed for motor vehicles on a highway in accordance with subsection (2), (4), (5), (6) or (7); or
	f) the maximum rate of speed posted in a construction zone designated under subsection (8)

Speeding Ticket Law The general speed limit to receive a traffic ticket or speeding ticket unless otherwise specified or posted within any municipality or city in Ontario is 50km/h. Outside of the city limits the speed is 80km/h.

This speed limit does not have to be posted, and it is the driver's responsibility to know what the speed limit is. Therefore if you don’t see a sign the speed limit within the city or town limit is fifty kilometers per hour.

It is not a valid excuse in court for a speeding ticket for a motorist to say that the speed limit wasn't posted. Ignorance of the law is not a valid defense to speeding in Ontario. Nor is an explaination of why you were speeding a defense to the charge of speeding.

As you enter most municipalities in Ontario you will see that there will be a sign posting the speed limit of 50km/h unless otherwise posted, any violation of this may/can result in a speeding ticket or traffic ticket from the Police.

Outside of the city limits the standard speed on highways in less-developed areas, is 80 km/h.

Speed limits can be changed by the municipality that the roadway travels through. The exception to this would be the 400 series or provincial highways where the speed limit is set by the Provincial Government of Ontario.

The Ministry of Transportation may also designate any part of a roadway as a construction zone, and set a suitable speed limit for that zone. Speed limit Signs in construction zones have to be posted properly before a speeding ticket can be issued.

The Ministry of Transportation may also set speed limits in provincial parks that are different from the standard speed limits set out. Local municipalities may pass bylaws that take precedence over the provincially set speeds in order to set different speeds for roadways in four situations:

1. On a highway that passes through the territorial jurisdiction of the municipality S. 128(2) HTA, although the municipality must pick the speed limit from an assortment offered in HTA, s. 128(3) (40, 50, 60, 70, 80, 90, 100 km/h).

2. Where vehicles are driven in public parks or exhibition grounds within the municipality's jurisdiction, the speed limit may be set by the municipality, but shall not be below 20 km/h.

3.On highways within the municipality's jurisdiction that adjoin a school entrance, the speed may be reduced to 40 km/h for 150 metres on either side of the entrance between 8 AM and 5 PM when school is in session.

4. On bridges within a municipality's jurisdiction provided that the speed shall not be less than 10 km/h.

In addition to prescribing maximum speed limits on highways, the Ministry of Transportation of Ontario may, by regulation, also prescribe speed limits for different types of motor vehicles. You used to see this on the highways in relationship to one speed limit for cars and another for trucks.

When a municipality, under a bylaw, or the Ministry of Transportation, by regulation, has posted a speed limit for the highway, it is not valid and enforceable until the bylaw or regulation is posted, and made public. But, the validity of the speed limit does not depend on the presence of, or the erection of, speed limit signs.

If the bylaw or regulation is properly proclaimed and valid, the speed limit it prescribes takes precedence over the speed limits set out in s. 128(1)(a), and is enforceable from that time whether or not speed limit signs have been erected.

In reality no enforcement or speeding tickets or a traffic ticket would be issued would without signs being properly posted and erected.

Whatever the speed limit, the HTA exempts fire trucks, police vehicles and ambulances from posted speed limits in the following circumstances (s128 (13):

Fire trucks when responding to fire or emergency, not when returning from one.
Police vehicles when carrying out police duties. (being on General Patrol is a police duty)
Ambulances when responding to an emergency, or transporting a patient in an emergency.

What does this mean? It means that a Police Officer, Fire truck, or Ambulance Driver does not have to follow or obey any speed law, nor can be charged or given a speeding ticket while in the performance of their duties. They are responsible though if something happens, e.g. an accident.

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