Not so fast: what you need to know about Ontario’s speeding laws

speeding

Speeding is one of the most common traffic charges that paralegals see. The fines around speeding tickets change based on a variety of circumstances and we’ll break that down for you in this blog.

To begin with, when it comes to speeding, the HTA states:

 

Section 128: Rate of speed

(1) No person shall drive a motor vehicle at a rate of speed greater than,
(a) 50 kilometres per hour on a highway within a local municipality or within a built-up area;
(b) despite clause (a), 80 kilometres per hour on a highway, not within a built-up area, that is within a local municipality that had the status of a township
(c) 80 kilometres per hour on a highway designated … as a controlled-access highway under the Public Transportation and Highway Improvement Act, whether or not the highway is within a local municipality or built-up area;
(d) the rate of speed prescribed for motor vehicles on a highway in accordance with subsection (2), (5), (6), (6.1) or (7);
(e) the maximum rate of speed set under subsection (10) and posted in a construction zone designated under subsection (8) or (8.1); or
(f) the maximum rate of speed posted on a highway or portion of a highway pursuant to section 128.

 

This essentially means, that wherever a driver is driving, whether on a highway, within a township, in a construction zone or literally anywhere a driver can legally drive, there is a speed limit and no drive shall exceed that limit.

Depending on how much over the limit a driver is going, the fine will vary. If a driver is speeding while going through a posted community safety zone, or a construction zone where workers are present, the set fine doubles. If a driver goes to court to fight the speeding ticket and ends up pleading guilty, or is found guilty then the original set fine is increased to include court costs.

Below is a chart with some of the fines and demerit points a driver can receive.

Over by Set Fine (including victim surcharge) If found guilty in court (including victim surcharge) Community Safety/Construction Zone (including victim surcharge) Demerit Points
10 km/hr $40.00 $50.00 $95.00 0
15 km/hr $52.50 $60.00 $95.00 0
20 km/hr $95.00 $120.00 $180.00 3
30 km/hr $220.00 $260.00 $450.00 4
40 km/hr $295.00 $350.00 $595.00 4
50 km/hr + $9.75 per km/hr over the limit, plus $125.00 victim surcharge No set fine No set fine 6


Depending on the rate of speed, demerit points also apply to speeding charges:

  • 15 km/hr and under – 0 points
  • 16 km/hr – 29 km/hr – 3 points
  • 30 km/hr – 49 km/hr – 4 points
  • 50 km/hr and higher – 6 points

If pulled over while doing 50 km/hr over the limit, the driver will most likely face racing charges, which you can read more about here.

Speed limit signs will change depending on the type of highway, type of town and in school zones. Generally, in Ontario these limits are:

  • School Zone – 40 km/hr
  • Urban areas – 50 km/hr
  • Rural areas, local and highways – 80 km/hr
  • Highest speed limit – 100 km/hr

These are the limits, unless there is a sign stating otherwise. Always pay attention to the speed limit signs around you. If you get a ticket, call a paralegal right away to learn about your options.

Every situation is different. Remember you have a right to fight your ticket. At Bulwark Legal Services we provide free consultations. You can go to our website and send us a copy of your ticket. We will help you decide the right course of action to take.