Speeding - s.128 HTAConducting Speed Enforcement

Speeding Offence Classification

Speeding is classified as an offence of absolute liability. This means that if the facts of the case are proven, there are virtually no defenses. (The exception is the rare defense of necessity.)

The elements of the offence are:

  1. Speed limit in Municipalities or built up areas is 50km/h maximum. (No signs required)
  2. Speed limit not in Municipalities or built up areas is 80km/h maximum. (No signs required)
  3. All other speed limits must comply with the regulations and be properly posted.

Speeding Defence Issues

  1. What type of speed measuring device was used and was the officer trained in it’s use and operating it properly?
  2. If required, was the zone properly signed?
  3. Was there interference from other vehicles in proximity to the defendant?
  4. Correct identification of vehicle when multiple officers involved.

Speeding convictions result in varying fines and demerit point assessment. Fines are based on a set amount for each kilometer over the speed limit. The amount increases the higher the speed.

Demerit points are assessed as follows:

  1. 1 to 15km’s over limit – 0 points
  2. 16 to 29km’s over limit – 3 points
  3. 30 to 49km’s over limit – 4 points
  4. More than 50km/h over the speed limit - 6 points

Speeding convictions may be classified as minor or major by Insurance Companies.

Disclaimer

Before deciding on how to proceed with this charge, it is important you understand the benefits of hiring a professional.

Article Contributor

This article was contributed by Fred Davies of the Belleville HELP Office. To reach your local HELP office, please see our locations page.