Highway Traffic Act Flashcards
(35 cards)
What is a Driver?
a person who drives a vehicle on a highway
Define what a HIGHWAY is
(includes sidewalk, shoulder etc)
Define what a ROADWAY is
(actual traveled portion of the road)
Define what a MOTOR VEHICLE IS
includes an automobile, a motorcycle, a motor assisted bicycle unless otherwise indicated in this Act, and any other vehicle propelled or driven otherwise than by muscular power, but does not include a street car or other motor vehicle running only upon rails, a power-assisted bicycle, a motorized snow vehicle, a traction engine, a farm tractor, a self-propelled implement of husbandry or a road- building machine
Define what a Vehicle is
EVERYTHING – BUT Snowmobile and Street Car)
Define the acronym:
AMMO NOT SNOW PFIRST
A= Automobile
M=Motorcycle
M=Motor Assisted Bicycle
O=Other vehicle not muscular powered(Segway, golf cart)
NOT SNOW = Motorized Snow Vehicle
P=Power assisted bicycle (Its not an internal combustion engine (E-bike)
F=Farm Tractor
I= Implement of Husbandry (Self Propelled)
R=Road-building Machine
S=Street car (or other motor vehicle running only on rails)
T=Traction engine(Steam powered)
What does Section
S. 216(HTA)
detail?
Authorities to Stop Vehicles
-Power of Police to stop vehicle
Police officer, in the lawful execution of duties and responsibilities, may require driver of a motor vehicle to stop and the driver, when signalled or requested to stop by police officer who is readily identifiable, SHALL immediately come to a SAFE stop
What does section
S. 48(1)(HTA) detail?
Authorities to Stop Vehicles Determine to make demand Police officer, readily identifiable, may require driver of a motor vehicle to stop for the purpose of determining whether or not there is evidence to justify making a demand under s. 254 C.C RIDE Programs MV includes motorized snow vehicles
R v Hayes (Supreme Court Case Law)
Officers have the authority to stop motor vehicles to see if drivers: Have a valid driver’s licence
Have insurance
Licence is not suspended or privilege to drive is not disqualified
Have permit for motor vehicle
*HOWEVER you need a reason to stop a motor vehicle on a highway
– does not have to be an unlawful reason Articulate and explain reason for stop
What does
S. 33(3) HTA detail?
ARREST AUTHORITIES
- Driver fail to identify and surrender license
Driver (or accompanying driver for NOVICE driver) unable or refusing to surrender driver licence AND
Fail to give reasonable identification
What does
S. 106(8.2) HTA. detail?
ARREST AUTHORITIES
Passenger Seatbelt Offence
Passenger in M/V on Highway
Appears to be at least 16
Reason to believe contravening seat belt legislation
On request SHALL give police reasonable ID (correct name, DOB and address)
What does the below section detail?
S.130 HTA.
ARREST AUTHORITIES
Careless Driving
Drive vehicle or street car carelessly on highway
What does the below section detail?
S.172 HTA.
ARREST AUTHORITIES
Race, Contest or Stunt
No person shall drive M/V on highway in race or contest While performing a stunt OR
On a bet or wager
What does s. 185(3) HTA detail?
Do you have arrest authority?
REFUSED TO ACCOMANY POLICE OFF HIGHWAY PROHIBITED TO PEDESTRIANS
Prohibited on highway (controlled highway)
May be required to accompany police to the nearest intersecting highway where pedestrians are NOT prohibited
s. 216(1) HTA details what offence?
Do you have arrest authority?
DRIVER FAIL TO STOP FOR POLICE
o Driver fail to stop immediately when signalled or requested
o By P.O in lawful execution of duty and readily identifiable (Highway only)
s. 177(2) HTA details what offence?
Do you have arrest authority?
STOP M/V TO OFFER OR SELL COMMODITY OR SERVICE
Person on roadway stopping, attempting to stop or approaching M/V for the purpose of offering, selling or providing commodity or service
May arrest if:
Has contravened s. 177(2) AND
Has been directed to stop OR
RPG necessary to establish identification or prevent continuation/repetition
s. 218(4) HTA details what offence?
CYCLIST FAIL TO STOP/IDENTIFY
o Cyclist contravening HTA or By-Law
o May be required to stop by police
o SHALL stop AND identify (correct name and address)
What section of the POA deals with release authorities? How soon should you release a person from custody?
RELEASE AUTHORITIES
POA 149.(1) …as soon as practicable, release the person from custody after serving him or her with a summons or offence notice
Unless the officer has reasonable and probably grounds to believe that, It is necessary to…
Establish the identity of the person,
Secure or preserve evidence of or relating to the offence, or Prevent the continuation or repetition of the offence or the
commission of another offence;
OR
b) The person arrested is ordinarily resident outside Ontario and will not respond to a summons or offence notice
What is reasonable identification?
(correct name and address)
What section(s) of the HTA deals with Demand Identification?
s. 33(1) HTA – CARRYING LICENCE AND SURRENDER UPON DEMAND
Driver SHALL CARRY licence while in charge of M/V or Street Car AND SHALL surrender for reasonable inspection upon the DEMAND of a police officer (Highway only)
s. 33(2) HTA – SAME FOR NOVICE DRIVERS RULES
Accompanying driver SHALL carry licence AND SHALL surrender for reasonable inspection upon demand of a P.O (Highway only)
What does section 33(1) of the HTA describe?
s. 33(1) HTA – CARRYING LICENCE AND SURRENDER UPON DEMAND
Driver SHALL CARRY licence while in charge of M/V or Street Car AND SHALL surrender for reasonable inspection upon the DEMAND of a police officer (Highway only)
What does section 33(2) of the HTA describe?
s. 33(2) HTA – SAME FOR NOVICE DRIVERS RULES
Accompanying driver SHALL carry licence AND SHALL surrender for reasonable inspection upon demand of a P.O (Highway only)
What section of the HTA allows for search authority for Speed Warning Measuring Device?
s. 79(3) HTA – SPEED MEASURING WARNING DEVICE
Without warrant, may stop, enter and search M/V believes is equipped with, carries or contains a speed measuring warning device AND may seize any device found in or upon the M/V (Highway) (CANNOT search driver or occupants)
Other than section 79(3) of the HTA what other search authority do you have?
s. 79.1(3) HTA – PRE-EMPTING TRAFFIC CONTROL
b
SIGNAL DEVICE Without warrant, may stop, enter and search M/V believes is
equipped with, carries or contains a pre-empting traffic control signal device
AND may seize any device found in or upon M/V (Highway)
