HTA 216 – Power of Officer to Stop/Running – Layman’s Terms

[VT1100]

Let me preface this by saying I am not a lawyer, paralegal, police officer or involved in the court system in any way. What I am is a Criminology student who, in some instances, is required to take laws, acts and bylaws and put them into Layman's Terms in order to conduct research. The simple act of putting things into Layman's Terms automatically takes away some of the specificity of the act, but serves as a way for us regular folk to get an insight into what they are trying to get across.

*This is not legal advice, nor is it to be taken as such.

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Hey everyone -here is another that I've had to do. It's the layman's terms of HTA 216 outlining the officers power to stop and the penalties for running from police.

Hopefully someone will learn something from it!

Here's the same thing but for HTA 172 - Stunt Driving: HTA 172 - Layman's Terms




HTA 216 – Power of an Officer to Stop/Running From Police – Layman’s Terms

Power of police officer to stop vehicle

(1) A police officer, while executing his duties in accordance with the law, may require you as a driver of the vehicle to stop. The driver of the motor vehicle, when signaled (read: cherries, vocally or hand signals) or asked to stop by a police officer will come to a safe stop as soon as possible. For all of this to apply - the officer must be readily identifiable as a police officer.


Offence

(2) Every person who fails to stop as in section (1) is considered guilty of an offence and if convicted could face;
(a) a fine between $1000 and $10,000 or
(b) up to six months in prison or
(c) a fine from $1000 to $10,000 and up to six months in prison.


Escape by flight (read: running from police)

(3) If a person fails to stop as in subjection (2) and the court is sure that you continued to flee from police when a police officer gave pursuit;
(a) the person may be fined between $5,000 to $25,000, instead of the fine in clause (2)
(b) the court shall (read: the court will) put you in prison for 14 days to 6 months, instead of the time in (2); and
(c) the court shall (read: the court will) suspend the person’s driver’s licence;
(i) for a five years, unless the below (ii) applies, or
(ii) for 10 years or more, if the court finds you guilty of hurting someone (causing bodily harm) while fleeing from police.


Lifetime suspension

(4) If found guilty of committing bodily harm to a person as in section (3) (C) (ii) your license may be suspended for the remainder of your lifetime.
- This section essentially states that there is no limit on the suspension for someone who hurts another person while fleeing from police.


Suspension in addition

(4.1) any suspension that is handed out after being convicted of fleeing form police will be served right after any current suspensions finish.


Notice of suspension

(4.2) In court proceedings where you have allegedly willfully fled from police when a police officer gave pursuit, the court must state out loud:
“The Highway Traffic Act provides that upon conviction of the offence with which you are charged, in the circumstances indicated therein, your driver’s licence shall be suspended for five years”.


Same: death or bodily harm
(4.3) In court proceedings where you have allegedly willfully fled from police when a police officer gave pursuit and cause bodily harm to any person, the court must state out loud:
“The Highway Traffic Act provides that upon conviction of the offence with which you are charged, in the circumstances indicated therein, your driver’s licence shall be suspended for not less than 10 years and that it may be suspended for the remainder of your life”.


Idem

(5) The suspension of your driver’s licence will not be revoked if sections (4.2) or (4.3) are not followed. You will still receive the suspension. This essentially makes the above points moot.


Appeal of suspension

(6) You may appeal the decision to have your license suspended under any of the above clauses, in the order of convictions.


Stay of order on appeal

(7) If you do appeal a suspension, the court may stay the suspension order (read: may stop your license from being suspended) until the appeal has seen its day in court.

 

[geoff-9]

this is just the provincial charge for it. theres also the criminal code charge that will also be tact on.

 

[VT1100]

this is just the provincial charge for it. theres also the criminal code charge that will also be tact on.

Yup!

Although not something I have personally looked at, the criminal code definitely comes into play for the majority of the above especially if there is property damage or bodily harm.

 

[robmack]

Where your clarification states: "...will come to a safe stop as soon as possible.", I suspect that it is the driver's responsibility to determine when the stop can be made safely. If the driver proceeded to a point further than what the officer might have felt could have been made safely, could the police officer charge the driver with fleeing?

 

[Bike Cop]

Where your clarification states: "...will come to a safe stop as soon as possible.", I suspect that it is the driver's responsibility to determine when the stop can be made safely. If the driver proceeded to a point further than what the officer might have felt could have been made safely, could the police officer charge the driver with fleeing?

No, it wouldn't be considered flight. There could be a charge for failing to stop for emergency vehicle at nearest edge of roadway/curb (depending on the type of road). This would also need to be explained, the distance that the driver was followed after being signaled to stop, the speeds at which he was driving after being signaled, whether the turn signals were on, etc. The officer would need evidence that the driver was failing to stop immediately and not just continuing to a safer spot on the shoulder.

The officer is to initiate the stop at a safe location, taking into consideration the type of vehicle he/she is stopping. Often times, when I've started a traffic stop at a specific spot, the driver has continued to another area that is less safe than the one that I chose.

Best bet is to activate a turn signal and proceed slowly to a safe spot, let the officer know that you see him/her and you intend to stop as soon as you can do it safely.