Highway Traffic Act

In Ontario, The Highway Traffic Act governs all aspects of road use—licensing, vehicle permits, traffic rules, speeds, enforcement, and offences.
Here is how Invictus Legal LLP can help you.

The Highway Traffic Act (HTA) in Ontario—includes road users’ rights, how to respond, if caught committing a driving offence such as speeding, and the legal framework around enforcement technologies like red light cameras.


Key Elements of the Highway Traffic Act are:

  • Part IX (Sections 128–132) handles speed limits, careless driving, and other related rules.
  • Part X (Sections 133–191) covers the rules of the road: the right of way, signals, intersections, parking, etc.
  • Part XIV.1 is a recent addition that identifies photo-radar (automated speed) enforcement rules, including how evidence from these systems is treated.
  • Part XIV.2 another recent addition covers dreaded red light camera system evidence—it provides the rules about how tickets are issued and how photographic evidence must be validated.
  • Other parts of the HTA address licensing requirements, demerit points, accident reporting, and administrative penalties. 


Take a look at our YouTube Video on this topic here:


Road Users’ Rights

We are all road users and all road users have rights under the Act

  • Road users must receive proper notice of offences when enforcement is via automated systems.
  • Evidence must meet statutory requirements—for instance, in red light cases the cameras must be of an approved type (e.g., TraffiStar) and capture sufficient detail (time, date, speed, signal phase, etc.).
  • When charged, individuals retain the right to challenge the evidence provided by the prosecutor—such as whether camera settings were correct or whether the vehicle/driver was properly identified. This is where your Invictus Legal professional can assist.

If you are ticketed please police officers have a job to do, please be respectful to them. Remember, all penalties are civil penalties, not a criminal conviction.


Driving Offence

If You’re Caught Committing a driving offence (e.g., Speeding) you will receive a ticket either from a police officer, or through the mail. At this stage you have options, including:

  1. Pay the allotted fine.
  2. Fight the ticket and go to trial.


Please be aware that any offence can impact your driving record, insurance, etc. you must also consider the proposed demerit points and the impact of the charge on your license. Most speeding convictions result in demerit points. In case you are not aware, Ontario uses a demerit point system: accumulate 6 points → warning letter; 9 points → mandatory interview; 15 or more → 30-day suspension, or more.


Also if you commit an offence in Community Safety Zones, then speeding fines are doubled. Ontario municipalities may also use automated speed enforcement in these zones, although these are not covered by the Highway Traffic Act.


Exceeding the speed limit by at least 50 km/h or more can result in:

  • Immediate vehicle impoundment (7 days),
  • Licence suspension (7 days),
  • Fines ($2,000–$10,000 for first offense),
  • Up to 6 months jail,
  • Up to 2 years licence suspension.


Our licensed paralegals can represent you in Ontario for most traffic offences and can help you fight your ticket. The first step is to obtain disclosure. key here can be police video evidence, officer noted, as well as radar/laser calibration records, and any technical documentation (for cameras). When disclosure is missing or inadequate, they can argue for an adjournment or even dismissal of your case. At Invictus Legal LLP our paralegals check for procedural errors, whether you were correctly served and, in appropriate cases, are prepared to challenge the evidence in the court. For example, for speeding (radar/laser), they can cross-examine the officer about training, equipment testing, and whether the reading was reliable. They will also know under what circumstances a challenge under the Charter of Rights and Freedoms.


Please note that the automated speed enforcement system that will operate on many city streets is managed under O. Reg. 355/22 are managed through the relevant municipality where the offence occurred under the relevant Administrative Monetary Penalty System, and are not a provincial offence.


Red Light Cameras


Red light cameras are governed by Part XIV.2 of the HTA, and in accordance with O. Reg. 277/99. You will likely receive the 'ticket' through the post. The Act defines what constitutes a camera system, the requirements for photo evidence, etc. Your paralegal will be aware of the rules that relate to red light camera offence.


If you have been charged with a Traffic Offence then Invictus Legal LLP can help.