Highway Traffic Act

Highway Traffic Act
Legislative Assembly of Ontario
Citation	R.S.O. 1990, C. H.8
Territorial extent	Ontario, province-wide
Related legislation
	Provincial Offences Act
Keywords
	driving
	Status: In force

The Highway Traffic Act (HTA) (the Act) is legislation in Ontario, Canada, which regulates the licensing of vehicles, classification of traffic offences, administration of loads, classification of vehicles and other transport related issues. First introduced in 1923 to deal with increasing accidents during the early years of motoring in Ontario,[1] and replacing earlier legislation such as the Highway Travel Act, there have been amendments due to changes to driving conditions and new transportation trends. For example, in 2009, the Act was revised to ban the use of cell phones while driving.

Offences under the Highway Traffic Act are the most commonly tried in Provincial Offences court.[2] Over 1.3 million offences are tried each year under the Act, with the most common charges being:

s. 128 - Speeding (559,013)

s. 144 - Red light - proceed before green (127,836)

s. 7 - Drive motor vehicle, no currently validated permit (117,470)

s. 136 - Disobey stop sign - fail to stop (51,263)

s. 78.1 - Drive - hand-held communication device (51,210)

Sections

Section 1 of the Act covers definitions and application of the Act to places other than highways. The definition of "highway" in the Act is broad in nature to include "a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof".

Part I: Administration

Part I covers the following items in sections 2 to 5 of the Act:

Powers and duties of the Ministry of Transportation
Registrar of Motor Vehicles
Deputy Registrar
Forms
Power to do things electronically
Regulations re fees
Administrative monetary penalties
Cancellation of permit, licence where false information is provided
Cancellation of permit, licence where information on permit, licence is incorrect
Protection from personal liability

Part II: Permits

Part II covers the following items in sections 6 to 23 of the Act:

Permit requirements
International Registration Plan
Record-keeping by IRP permit holders
Examination and inspection
Sharing examination, inspection findings with other IRP jurisdictions
IRP inspector's costs
Assessment and reassessment of fees, etc.
Interest
Objections
Appeal or review from Minister's decision
False statements on IRP documents
Permit refusal or cancellation
Collection and disclosure of information
Assignment to another minister
Disclosure to Minister of Finance re taxing statutes
Regulations
Fees
Permit limitations
False statement, change of name or address, obliterated vehicle no., etc.
Manufacturer's vehicle information number to be affixed
Where transfer of ownership or end of lease
Used vehicle information package
Violations as to number plates
Number plates, further violations
Improper or invalid number plates and cab cards
Exceptions as to residents of other provinces, permit requirements, etc.
Commercial motor vehicles
CVOR certificates issued, renewed by Registrar
Revocation of CVOR certificate for dishonoured payments
Refusal to issue, replace or new CVOR certificates
Safety ratings, commercial motor vehicle operators
Person deemed to be operator
Commercial motor vehicles, enforcement of ss. 16-23, etc.
Offences, commercial motor vehicles
Regulations and fees, commercial motor vehicles
Liability insurance for commercial motor vehicles
Insurance

Part III: Parking Permits

Part III covers the following items in sections 26 to 30 of the Act:

Accessible parking permits
Offence, accessible parking permit
Inspection, accessible parking permit
Regulations, accessible parking permits

Part IV: Licences

Part IV covers the following items in sections 31 to 58 of the Act:

Driving a privilege
Driver's licence
Combined photo card in lieu of driver's licence card
Photo-comparison technology
As to carrying licences and surrender on demand
Exemption as to non-residents, licensing requirements
Displaying licence that has been suspended, altered, etc.
Driving prohibited while licence suspended
Drivers under 16 prohibited
Minimum age to drive motor-assisted, power-assisted bicycle
Prohibition as to letting or hiring
Picking up passenger for compensation prohibited without licence, etc.
Agreements with other jurisdictions
Suspension on conviction for certain offences
Suspension on: reinstatement, reduction, extension of conviction
Reinstatement conditions, ignition interlock devices
Ignition interlock devices, further provisions
Administrative vehicle impoundment for contravening ignition interlock condition
Suspension for driving while disqualified
Suspension while prohibited from driving
Increased suspension time
Condition on licence that blood alcohol concentration level be zero
When driver may be disqualified
Defaulted fine
Suspension and cancellation of licence, etc., general
Notice, proposed action s. 47 or safety concern
Administrative licence suspension for blood alcohol concentration above .05
Short-term administrative licence suspension for drug or drug and alcohol impairment
Breath testing, novice drivers
Breath testing, driver accompanying novice
Breath testing, young drivers
Administrative suspension of licence for blood alcohol concentration above .08, failing or refusing to provide breath sample
Long-term administrative licence suspension for drug or drug and alcohol impairment
Administrative vehicle impoundment for drug or drug and alcohol impairment, blood alcohol concentration above .08, failing to provide sample or submit to tests
Proceedings before Tribunal
Appeal
Appeal of ninety-day suspension
Appeal of long-term vehicle impoundment for driving while suspended
Appeal of impoundment, commercial motor vehicles
Penalty for driving motor vehicle when permit suspended or cancelled
Service of notice of licence suspension
Driving while driver's licence suspended
Where person whose permit or licence suspended does not hold permit or licence
Suspension on appeal
Long-term vehicle impoundment for driving while suspended
Short-term vehicle impoundment for driving while suspended
Demerit point system
Conduct review programs
Regulations, novice drivers
Police request for novice driver's passenger's identification
Offence, novice driver regulations
Driving instructors
Driving schools
Inspectors

Part V: Garage and Storage Licences

Part V covers the following items in sections 59 to 60:

Licence respecting dealing in motor vehicles, etc.
Second-hand vehicles, offences

Part VI: Equipment

Part VI covers the following items in sections 61 to 107 of the Act:

Lamps
Vehicles with right hand drive
Brakes
Hydraulic brake and system fluid
Other equipment
Extended mirrors
Speedometers required in buses
Speed-limiting systems
Tires and wheels
Regulations and offences, tires
Rebuilt tires
Safety glass
Equipment obstructing view
Windows to afford clear view
Noise, smoke, bells and horns
Slow moving vehicle sign
Sleigh bells
Display screen visible to driver prohibited
Hand-held devices prohibited
Speed measuring warning devices
Pre-empting traffic control signal devices prohibited
Attachments required when vehicle drawn on highway
Regulations re bumpers
Inspections, unsafe vehicles
Inspections, unsafe commercial motor vehicles
Regulations re inspection of certain motor vehicles
Penalty for driving unsafe vehicle
Offence if wheel detaches from commercial motor vehicle
Offence if parts, etc., detach
Offence of causing parts to detach
Prohibition where evidence of inspection required
Certificates and stickers provided by Ministry
Regulations re inspection of vehicles
Director
Safety standards certificate and vehicle inspection sticker
Motor vehicle inspection station licence
Motor vehicle inspection mechanic
Revocation of registration of motor vehicle inspection mechanic
Hearing re terms of licence
Proposal to refuse to issue or revoke licence or registration
Tribunal hearings, general
Service of notice
Inspectors
Offences
Regulations, safety standards certificates, motor vehicle inspection stations, etc.
Regulations, accessories and ornaments
Regulations, safety devices
Commercial motor vehicles, further provisions
Power-assisted bicycles
Motorcycle and bicycle helmets
Horse-riders, helmets and footwear
Sale of new vehicles
Seat belts
Inspection and maintenance of commercial motor vehicles

Part VII: Load and Dimensions

Part VII covers the following items in sections 108 to 113 of the Act:

Vehicle dimensions
Permits to exceed dimension and weight limits (use of highway)
Special permits to exceed dimension and weight limits
Carrying and production of special permit
Suspension, etc., of special permit
Additional power of Registrar to suspend, etc., special permits
Loading vehicles
Regulations, carriage of explosives, etc.
Farm vehicles

Part VIII: Weight

Part VIII covers the following items in sections 114 to 127 of the Act:

Restrictions as to weight on tires
Maximum allowable axle unit weights
Maximum allowable axle group weights
Maximum allowable gross vehicle weights
Raw forest products allowance during freeze-up
Prohibition re operation on Class B Highway
Operating within permitted weight
Reduced load periods
Weight on bridges
Power of officer to have vehicle weighed, examined
Offence and penalty
Overloading by consignor
Regulations, weight standards

Part IX: Rate of Speed

Part IX covers the following items in sections 128 to 132 of the Act:

Rate of speed
Status quo maintained
Conversion of rate of speed set out in by-laws
Careless driving
Territory without municipal organization
Unnecessary slow driving prohibited

Part X: Rules of the Road

Part X covers the following items in sections 133 to 191 of the Act:

Direction of traffic by police officer
Removal of vehicle, debris blocking traffic
Right of way at uncontrolled intersections
Stop at through highway
Stop signs, erection at intersections
Yield right-of-way signs
Right of way on entering highway from private road
Pedestrian crossover
Turning at intersections
Signalling turns and stops
Requirement to yield to bus from bus bay
U-turns prohibited
Traffic control signals and pedestrian control signals
Blocking intersection
Portable signal lights
Traffic control stop and slow signs
Slow vehicles to travel on right side
Overtaking and passing rules
Driving to left of centre prohibited under certain conditions
Passing to right of vehicle
Highways designated for use of paved shoulder
Meaning of "designated", ss. 141, 153 and 154
Highway designated for one-way traffic
Where highway divided into lanes
Regulations for high occupancy vehicle lanes
Restricted use of border approach lanes
Times designation applicable
Moving from roadway to roadway on divided highways
Backing prohibited, speed limit over 80 k.p.h.
Headway
Approaching, following emergency vehicles
Towing of persons on bicycles, toboggans, etc., prohibited
Only one vehicle to be drawn on highway
Crowding driver's seat
Vehicles required to stop at railway crossing signal
Driving of vehicles under crossing gates prohibited
Opening of doors of motor vehicles
Passing street cars
Approaching ridden or driven horses, etc.
Use of passing beam
Alternating beams
Parking on roadway
Tow truck services
Racing, stunts, etc., prohibited
Nitrous oxide fuel systems prohibited
Horse racing on highway
Railway crossings
School buses
School crossings
Soliciting rides or business from drivers
Clinging to vehicles, bicycle passengers, etc.
Duties of pedestrian when walking along highway
Littering highway prohibited
Deposit of snow on roadway
Regulations, signs and markings
Regulations, tunnels
Defacing or removing notices or obstructions
Regulating or prohibiting use of highway by pedestrians, etc.
Prohibiting commercial vehicles in left lane
Aircraft on highways
Riding in house or boat trailers prohibited
Air cushioned vehicles prohibited on highways
Commercial motor vehicles, driving rules
Exemption certificate, hours of work for commercial motor vehicle drivers
Contracts of carriage

Part X.1: Toll Highways

Part X.1 covers the following items in section 191 of the Act:

Toll device required
Evasion, etc., of electronic toll system
Regulations, toll devices

Part X.2: Medical Transportation Services

Part X.2 covers the following items in section 191 of the Act:

Medical transportation services
Regulations, medical transportation services

Part X.3: Off-Road Vehicles

Part X.3 covers the following item in section 191 of the Act:

Off-road vehicles on highways regulated by regulations, by-laws

Part XI: Civil Proceedings

Part XI covers the following items in sections 191 to 193 of the Act:

Liability for loss or damage
Onus of disproving negligence

Part XII: Municipal By-Laws

Part XII covers the following item in section 195 of the Act:

Effect of by-laws7(1)(b)

Part XIII: Suspension for Failure to Pay Judgements or Meet Support Obligations

Part XIII covers the following items in sections 196 to 198 of the Act:

Licence suspended for failure to pay judgement
Licence suspension on direction of Director of Family Responsibility Office
Personal information
Protection from personal liability

Part XIV: Records and Reporting of Accidents and Convictions

Part XIV covers the following items in sections 199 to 205 of the Act:

Duty to report accident
Irreparable vehicles, etc.
Duty of person in charge of vehicle in case of accident
Notification of damage to trees, fences, etc.
Reporting by various officials
Report of medical practitioner
Report of optometrist
Duties of Registrar
Collection and disclosure of information

Part XIV.1: Photo-Radar System Evidence

Part XIV.1 covers the following items in section 205 of the Act:

Photo-radar system evidence
Application, proceedings commenced by filing certificate of offence
Provincial Offences Act, Part I
Evidence of ownership
Service by mail
Photographic equivalent
Failure to respond
Challenge to operator's evidence
Challenge to officer's evidence
Certificate evidence
Failure to appear at trial
Adjournment
Reopening
Regulations, photo-radar system evidence

Part XIV.2: Red Light Camera System Evidence

Part XIV.2 covers the following items in section 205 of the Act:

Red light camera system evidence
Application, proceedings commenced by filing a certificate of offence
Provincial Offences Act, Part I
Evidence of ownership
Deemed not to dispute a charge
Challenge to officer's evidence
Certificate evidence
Failure to appear at trial
Reopenings
Limitations on penalty
Regulations, red light camera system evidence

Part XV: Procedure, Arrests and Penalties

Part XV covers the following items in sections 207 to 227 of the Act:

Vehicle owner may be convicted
Recovery
Right to damages reserved
Notice of conviction to Registrar
Out-of-province evidence re vehicle ownership
Return of suspended licences to Registrar
Police officer may secure possession of suspended licence
When owner may appear before justice of the peace
General penalty
Community safety zones
Power of police officer to stop vehicle
Power of officer to examine commercial vehicles
Arrest powers
Cyclist to identify self
Suspension of licence upon conviction
Impounding motor vehicles
Abandoned or unplated vehicles
Impounding of vehicle on appeal
Appointment of officers for carrying out provisions of Act
Service on driver of commercial motor vehicle sufficient
Inspection of records
Where proceeding for offence may be heard, commercial motor vehicles on a journey

Part XVI: Pilot Projects

Part XVI covers the following items in section 228 and Schedule of the Act:

Pilot projects
Certificate of justice

Regulations

The following Regulations are made under the Act:

O. Reg. 398/16: Road-Building Machines
O. Reg. 227/16: Pilot Project - Hot Lanes
O. Reg. 194/16: Reporting to the Registrar: Administrative Suspension of Drivers' Licences
O. Reg. 28/16: Pilot Project - Three-Wheeled Vehicles
O. Reg. 419/15: Definitions of Commercial Motor Vehicle and Tow Truck
O. Reg. 402/15: Pedestrian Crossover Signs
O. Reg. 306/15: Pilot Project - Automated Vehicles
O. Reg. 415/10: Short-Term Vehicle Impoundment under Section 55.2 of the Act
O. Reg. 369/09: Power-Assisted Bicycles
O. Reg. 366/09: Display Screens and Hand-Held Devices
O. Reg. 287/08: Conduct Review Programs
O. Reg. 484/07: Lamps - Use of Flashing Red or Green Lights
O. Reg. 473/07: Licences for Driving Instructors and Driving Schools
O. Reg. 455/07: Races, Contests and Stunts
O. Reg. 273/07: Administrative Penalties
O. Reg. 199/07: Commercial Motor Vehicle Inspections
O. Reg. 555/06: Hours of Service
O. Reg. 488/06: Pilot Project - Segways
O. Reg. 94/06: Border Approach Lanes
O. Reg. 34/06: Pre-Empting Traffic Control Signal Devices
O. Reg. 643/05: Carriage of Goods
O. Reg. 620/05: High Occupancy Vehicle Lanes
O. Reg. 618/05: Designation of Bus By-Pass Shoulders on King's Highway
O. Reg. 468/05: School Bus Offence - Service of Offence Notice on Vehicle Owner
O. Reg. 413/05: Vehicle Weights and Dimensions - For Safe, Productive and Infrastructure-Friendly Vehicles
O. Reg. 363/04: Security of Loads
O. Reg. 11/04: International Registration Plan
O. Reg. 316/03: Operation of Off-Road Vehicles on Highways
O. Reg. 8/03: Local Municipalities where 80 Kilometres per Hour Speed Limit Applies
O. Reg. 393/02: Definitions and Requirements under Section 142.1 of the Act (Yielding the Right of Way to Buses)
O. Reg. 381/02: Testing, Repair and Compliance Requirements for Unsafe Vehicles under Section 82 of the Act
O. Reg. 376/02: Classification of Vehicles as Irreparable, Salvage and Rebuilt
O. Reg. 251/02: Ignition Interlock Devices
O. Reg. 510/99: Community Safety Zones
O. Reg. 277/99: Red Light Camera System Evidence
O. Reg. 631/98: Long-Term Vehicle Impoundment under Section 55.1 of the Act
O. Reg. 381/98: Special Permits
O. Reg. 512/97: Critical Defects of Commercial Motor Vehicles
O. Reg. 424/97: Commercial Motor Vehicle Operators' Information
O. Reg. 147/97: Toll Devices
O. Reg. 103/97: Standards to Determine Allowable Gross Vehicle Weight for Bridges
O. Reg. 500/94: Photo-Radar System - Part XIV.1 of the Highway Traffic Act
O. Reg. 341/94: Driver Licence Examinations
O. Reg. 340/94: Drivers' Licences
O. Reg. 339/94: Demerit Point System
O. Reg. 601/93: Used Vehicle Information Package
R.R.O. 1990, Reg. 631: Yield Right-of-Way Signs in Territory without Municipal Organization
R.R.O. 1990, Reg: 630: Vehicles on Controlled-Access Highways
R.R.O. 1990, Reg. 629: Accessible Vehicles
R.R.O. 1990, Reg. 628: Vehicle Permits
R.R.O. 1990, Reg. 627: Use of Controlled-Access Highways by Pedestrians
R.R.O. 1990, Reg. 626: Traffic Control Signal Systems
R.R.O. 1990, Reg. 625: Tire Standards and Specifications
R.R.O. 1990, Reg. 624: Stop Signs in Territory without Municipal Organization
R.R.O. 1990, Reg. 623: Stop Signs at intersections
R.R.O. 1990, Reg. 622: Stopping of Vehicles on Parts of the King's Highway
R.R.O. 1990, Reg. 621: Speed Limits in Territory without Municipal Organization
R.R.O. 1990, Reg. 620: Speed Limits in Provincial Parks
R.R.O. 1990, Reg. 619: Speed Limits
R.R.O. 1990, Reg. 618: Specifications and Standards for Trailer Couplings
R.R.O. 1990, Reg. 616: Slow Moving Vehicle Sign
R.R.O. 1990, Reg. 615: Signs
R.R.O. 1990, Reg. 613: Seat Belt Assemblies
R.R.O. 1990, Reg. 612: School Buses
R.R.O. 1990, Reg. 611: Safety Inspections
R.R.O. 1990, Reg. 610: Safety Helmets
R.R.O. 1990, Reg. 609: Restricted Use of the King's Highway and Toll Highways
R.R.O. 1990, Reg. 608: Restricted Use of Left Lanes by Commercial Motor Vehicles
R.R.O. 1990, Reg. 607: Reciprocal Suspension of Licences
R.R.O. 1990, Reg. 606: Portable Lane Control Signal Systems
R.R.O. 1990, Reg. 605: Parking of Vehicles in Territory without Municipal Organization
R.R.O. 1990, Reg. 604: Parking
R.R.O. 1990, Reg. 603: Over-Dimensional Farm Vehicles
R.R.O. 1990, Reg. 601: Motor Vehicle Inspection Stations
R.R.O. 1990, Reg. 599: Highway Closings
R.R.O. 1990, Reg. 598: Gross Weight on Bridges
R.R.O. 1990, Reg. 596: General
R.R.O. 1990, Reg. 595: Garage Licences
R.R.O. 1990, Reg. 587: Equipment
R.R.O. 1990, Reg. 581: Accessible Parking for Persons with Disabilities
R.R.O. 1990, Reg. 579: Designation of Highways
R.R.O. 1990, Reg. 577: Covering of Loads

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References

"The Snow Plough - A History". Archived from the original on 2009-09-18. Retrieved 2009-10-22.
"Provincial Offences Court Activity (Part I and III only)" (PDF). ontariocourts.ca. Archived from the original (PDF) on 2017-04-04.

External links

Highway Traffic Act
Ontario Highway Traffic Act, unofficial discussion forum

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[1] "The Snow Plough - A History". Archived from the original on 2009-09-18. Retrieved 2009-10-22.

[2] "Provincial Offences Court Activity (Part I and III only)" (PDF). ontariocourts.ca. Archived from the original (PDF) on 2017-04-04.