SPEEDING AND THE HIGHWAY TRAFFIC ACT

Definition of Speeding, Associated Fines, Exemptions to the Speeding law

Speeding

Ultimately, a driver must follow the posted speed limit when travelling. When the speed limit is not posted, however, the driver must follow the general rule of not exceeding 50 kph on a highway within a local municipality (town/city) and not exceeding 80 kph on a highway not within a built-up area.

128. (1) No person shall drive a motor vehicle at a rate of speed greater than, (a) 50 kilometres per hour on a highway within a local municipality or within a built-up area; (b) despite clause (a), 80 kilometres per hour on a highway, not within a built-up area, that is within a local municipality that had the status of a township on December 31, 2002 and, but for the enactment of the Municipal Act, 2001, would have had the status of a township on January 1, 2003, if the municipality is prescribed by regulation;

Associated Fines

The Highway Traffic Act outlines the various fines associated with speeding offences. Keep in mind that the fines outlined below by the Highway Traffic Act differ from set fines (out of court settlement fines). The fines below are incurred when a person charged with speeding decides to take the ticket to court and is convicted.

Penalty

(14) Every person who contravenes this section or any by-law or regulation made under this section is guilty of an offence and on conviction is liable, where the rate of speed at which the motor vehicle was driven,

(a) is less than 20 kilometres per hour over the speed limit, to a fine of $3 for each kilometre per hour that the motor vehicle was driven over the speed limit;

(b) is 20 kilometres per hour or more but less than 30 kilometres per hour over the speed limit, to a fine of $4.50 for each kilometre per hour that the motor vehicle was driven over the speed limit;

(c) is 30 kilometres per hour or more but less than 50 kilometres per hour over the speed limit, to a fine of $7 for each kilometre per hour that the motor vehicle was driven over the speed limit; and

(d) is 50 kilometres per hour or more over the speed limit, to a fine of $9.75 for each kilometre per hour that the motor vehicle was driven over the speed limit. 2005, c. 26, Sched. A, s. 17 (7).

Penalty for speeding in construction zones

(14.1) Every person who contravenes this section in a construction zone designated under subsection (8) or (8.1) when there is a worker in the construction zone is liable on conviction, not to the fines set out in subsection (14), but, where the rate of speed at which the motor vehicle was driven,

(a) is less than 20 kilometres per hour over the posted speed limit, to a fine of double the fine set out in clause (14) (a) for each kilometre per hour that the motor vehicle was driven over the speed limit;

(b) is 20 kilometres per hour or more but less than 30 kilometres per hour over the posted speed limit, to a fine of double the fine set out in clause (14) (b) for each kilometre per hour that the motor vehicle was driven over the speed limit;

(c) is 30 kilometres per hour or more but less than 50 kilometres per hour over the posted speed limit, to a fine of double the fine set out in clause (14) (c) for each kilometre per hour that the motor vehicle was driven over the speed limit; and

(d) is 50 kilometres per hour or more over the posted speed limit, to a fine of double the fine set out in clause (14) (d) for each kilometre per hour that the motor vehicle was driven over the speed limit. 2005, c. 26, Sched. A, s. 17 (8).

Penalty for speeding in community safety zone

(6) Every person who commits an offence under section 128 in a community safety zone when it is in effect is liable, on conviction, not to the fines set out in subsection 128 (14), but, where the rate of speed at which the motor vehicle was driven,

(a) is less than 20 kilometres per hour over the speed limit, to a fine of double the fine set out in clause 128 (14) (a) for each kilometre per hour that the motor vehicle was driven over the speed limit;

(b) is 20 kilometres per hour or more but less than 30 kilometres per hour over the speed limit, to a fine of double the fine set out in clause 128 (14) (b) for each kilometre per hour that the motor vehicle was driven over the speed limit;

(c) is 30 kilometres per hour or more but less than 50 kilometres per hour over the speed limit, to a fine of double the fine set out in clause 128 (14) (c) for each kilometre per hour that the motor vehicle was driven over the speed limit; and

(d) is 50 kilometres per hour or more over the speed limit, to a fine of double the fine set out in clause 128 (14) (d) for each kilometre per hour that the motor vehicle was driven over the speed limit. 2005, c. 26, Sched. A, s. 32 (1).

Exemptions

A fire department vehicle responding to an emergency, a police vehicle used during a police officer's duties, and an ambulance responding to an emergency or transporting a patient during an emergency are exempt from this law.

(13) The speed limits prescribed by this section or by a regulation or by-law passed under this section or set under section 128.0.1 do not apply to, See: 2005, c. 26, Sched. A, ss. 17 (6), 34 (2).

(a) a fire department vehicle while proceeding to a fire or responding to, but not returning from, a fire alarm or other emergency call;

(b) a police department vehicle being used in the lawful performance of a police officer’s duties; or

(c) an ambulance while responding to an emergency call or being used to transport a patient or injured person in an emergency situation. R.S.O. 1990, c. H.8, s. 128 (13); 2009, c. 5, s. 40.

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