speed sign visibility

[tribal250]

I just got pulled over the other day for speeding.

When i went back to the scence of the incident i noticed that the sign with the posted speed limit, was partilly covered by some leaves from a branch. Now the question is. Is there anything in the HTA or by-laws that states anything about how visible the sign should be or should i assume anythin if the sign is not visible? An exact section where i could find this would be nice

thanx,

 

[Rob MacLennan]

I hope that you took pictures, as soon as possible, after you received the ticket. You might have a defence under section 284 of The Municipal Act; maintenance of roads and bridges.

http://www.e-laws.gov.on.ca/html/repealedstatutes/english/elaws_rep_statutes_90m45_e.htm

 

[rib]

As Rob Said... you are likely covered under section 284

http://www.ticketcombat.com/step1/step1.php - ths site has this exact problem covered. - I suggest you read it all!

 

[Baggsy]

Would it depend on what the limit on the sign says?

If you cannot see a sign are you not supposed to default to 50k?

So, if the sign is posted 60, would you not seeing it, and going faster be a defense?

 

[Rob MacLennan]

Would it depend on what the limit on the sign says?

If you cannot see a sign are you not supposed to default to 50k?

So, if the sign is posted 60, would you not seeing it, and going faster be a defense?

Depends on the road. There are regulations, in place, that state what the limit on a given road should be. In many cases the limit diverges from that. Also if there was a higher limit stated at some point on the road, prior to the location of that sign, then a 'defective' sign wouldn't modify that speed.