Ontario Highway Traffic Act
Section 128 of the Ontario Highway Traffic Act deals with speeding tickets.
No person shall drive a motor vehicle at a rate of speed greater than:
(a) 80 Kilometres per hour.
(b) on a highway not within a city, town, village, police village or built-up area.
(c) on a highway designated by the Lieutenant Governor in Council as a
controlled-access highway under the Public Transportation and Highway Improvement
Act, whether or not such a highway is within a city, town, village, police village or
built-up area;
(b) subject to clause (a), 50 kilometres per hour on a highway within a city, town, village,
police village or built-up area;
(c) the rate of speed prescribed for motor vehicles on a highway in accordance with
subsection (2), (4), (5), (6) or (7); or
(d) the maximum rate of speed posted in a construction zone designated under subsection
(8).
The general speed limit to receive a traffic ticket or speeding ticket unless otherwise specified or
posted within any municipality in Ontario is 50km/h. This speed limit does not have to be posted,
and it is the driver's responsibility to know what the speed limit is. Therefore if you don’t see a
sign the speed limit is fifty kilometers per hour.
It is not a valid excuse in court for a speeding ticket for a motorist to say that the speed limit
wasn't posted so that's why I was doing 100 km/h in a 50km/h zone.
As you enter most municipalities in Ontario you will see that there will be a sign saying speed
limit 50 unless otherwise posted, any violation of this may/can result in a speeding ticket or
traffic ticket from the Police.
Outside of the city limits the standard speed on highways in less-developed areas, is 80 km/h.
Speed limits can set by the municipality that the roadway travels through. The exception to this
would be the 400 series highways where the speed limit is set by the Provincial Government of
Ontario.
The Ministry of Transportation may also designate any part of a roadway as a construction zone,
and set a suitable speed for that zone. Signs in construction zones have to be posted properly
before a speeding ticket can be issued.
The Ministry of Transportation may also set speed limits in provincial parks that are different
from the standard speed limits set out. Local municipalities may pass bylaws that take
precedence over the provincially set speeds in order to set different speeds for roadways in four
situations:
1. On a highway that passes through the territorial jurisdiction of the municipality S.
128(2) HTA, although the municipality must pick the speed limit from an assortment
offered in HTA, s. 128(3) (40, 50, 60, 70, 80, 90, 100 km/h).
2. Where vehicles are driven in public parks or exhibition grounds within the
municipality's jurisdiction, the speed limit may be set by the municipality, but shall not
be below 20 km/h (s.128 (4).
3. On highways within the municipality's jurisdiction that adjoin a school entrance, the
speed may be reduced to 40 km/h for 150 metres on either side of the entrance between 8
AM and 5 PM when school is in session.
4. On bridges within a municipality's jurisdiction provided that the speed shall not be less
than 10 km/h.
In addition to prescribing maximum speeds on highways, the Ministry may, by regulation, also
prescribe speeds for different types of motor vehicles. You used to see this on the highways in
relationship to one speed limit for cars and another for trucks. Recently I personally haven't seen
this in a while.
When a municipality, under a bylaw, or the ministry, by regulation, has posted a speed for the
highway, it is not valid and enforceable until the bylaw or regulation is posted, and made public.
But, the validity of the speed limit does not depend on the presence of, or the erection of, speed
limit signs.
If the bylaw or regulation is properly proclaimed and valid, the speed limit it prescribes takes
precedence over the speed limits set out in s. 128(1)(a), and is enforceable from that time
whether or not speed limit signs have been erected.
In reality no enforcement or speeding tickets or a traffic ticket would be issued would without
signs being properly posted and erected.
Whatever the speed limit, the HTA exempts fire trucks, police vehicles and ambulances from
posted speed limits in the following circumstances (s128 (13):
Fire trucks when responding to fire or emergency, not when returning from one.
Police vehicles when carrying out police duties. (being on General Patrol is a police duty)
Ambulances when responding to an emergency, or transporting a patient in an
emergency.
What does this mean? It means that a police officer, Fire truck, ambulance does not have to obey
any speed law, nor can be charged or given a speeding ticket while in the performance of their
duties. They can drive as fast as they want! They are responsible though if something happens,
e.g. an accident.