There are a lot of drivers in Milton who use James Snow Parkway south of Derry as a route to get home and around town. That road didnt even exist a year or so ago but has now finished its construction but the effects are still being felt.
While this road was under construction the speed limit was reduced to 50km/hr, as most roads under construction are. Recently reported in the Champion back in December, that stretch of road was approved for an increase in the limit to 70km/hr by Halton Regional Council. When changes are made to the speed limits, the Region or the municipality in charge of the road should, within a reasonable amount of time, put new signs up showing the different limits.
Many drivers who take that road found the limit difficult to change as most were coming south on James Snow Parkway from the 401 and the speed limit dropped from 70 km/hr to 50 rather quickly. Halton Regional Police responded to a number of complaints from drivers who speed excessively down that stretch of road took it upon themselves to set up “speed traps” as a way of educating drivers and of course, hit them in the pocket book.
Problem is, according to a new article in the Milton Canadian Champion by Tim Foran, the police force were informed of the speed limit change but yet this past week, held a speeding blitz where a number of drivers were hit with speeding tickets.
Over at the Hawthorne Villager forum people were speaking out how unfair this practice was and it also raised a few issues legally speaking about the validity of the speeding tickets. Sure the limit was legally 70km/hr but the posted speed limit was still 50km/hr.
I consulted a good friend of mine and paralegal extroridinare Dave Sokolowski of Sokolowski Legal Services for an answer.
He said, “A law or a by law may be passed at any time, but until it is enacted it is not in effect. The councils decision to increase the speed limit on this stretch of road although passed in December technically was not in effect until the signs were changed.
The Highway Traffic Act is clear that all drivers must obey the posted signs, much like if you were travelling through a construction zone and the speed limit is reduced. You may have driven on that road 900 times at the speed limit of 80, but once the signs go up that its 60, that is the rate of speed that you must travel at.
Although I cannot speak as to why the officers were running the “speed trap” before the signs were changed, I can say that they were not doing anything wrong at the time.
Everyone who has recieved a ticket does have the right to be able to fight it. I cannot say that the Crown involved that day would have the charge withdrawn, but they may have it reduced so that there are no points against your license. “
If you found yourself to be one of those people with the traffic tickets and would like to get some legal advice or representation, I recommend speaking with Dave at Sokolowski Legal Services to find out what, if anything you can do about the tickets.
This of course provides me an opportunity to remind everyone that the limits you must drive at are the posted speed limits. Please take your time around town and obey the speed limits.
I’ll see you at the doors.
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