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General Penalty Applies to Various Minor Traffic Tickets
How Can I Know What the Fine Is For a Traffic Ticket Where the Relevant Section of the Highway Traffic Act Omits the Details About the Fine?
For Sections of the Highway Traffic Act That Lack Specific Details about the Applicable Fine the General Penalty Per Section 214 Applies. The General Penalty Involves a Fine Ranging Between $60 and $1,000. Demerit Points May Apply As Well and Your Insurance Rates May Also Be Affected.
Understanding the General Penalty Applicable to Various Highway Traffic Act Charges As Minor Traffic Ticket Fines
When a person is issued a traffic ticket, it is quite common that the person will attempt to research and review the potential penalties that may apply, such as the range of possible fines, upon a conviction for the charged offence; however, and often confusingly so for the person researching, many prescribed traffic violations lack specifics about the applicable fine.
The Law
The Highway Traffic Act, R.S.O. 1990, c. H.8, governs driving conduct and prescribes the applicable fines, for various driving offences. For some driving violation offences, the applicable fine is stated within the section of the Highway Traffic Act that describes the violation; however, for many violations the applicable section of the Highway Traffic Act is silent, meaning without any details, about the applicable fine. Instead, where sections of the Highway Traffic Act lack details of the applicable fine, section 214 prescribes a general penalty. Specifically, section 214 states:
General penalty
214 (1) Every person who contravenes this Act or any regulation is guilty of an offence and on conviction, where a penalty for the contravention is not otherwise provided for herein, is liable to a fine of not less than $60 and not more than $1,000.
Accordingly, where a penalty is unspecified, the general penalty prescribed in section 214 of the Highway Traffic Act applies.
Summary Comment
Many sections of the Highway Traffic Act state the fine or range of fine that will apply upon conviction of the charged offence; however, many other sections within the Highway Traffic Act omit the penalty details. Where the Highway Traffic Act omits the penalty details, the penalty is the general penalty as prescribed within section 214 of the Highway Traffic Act.
