When it comes to driving a vehicle, a driver is in charge of handling a vehicle with safety and responsibility. One of these responsibilities is stopping the vehicle. It might be said that stopping is easy, but improper stops at traffic lights and signs happen all the time. Which is why this part of the Highway Traffic Act exists.
136 Stop at through highway
(1) Every driver or street car operator approaching a stop sign at an intersection,
(a) shall stop his or her vehicle or street car at a marked stop line or, if none, then immediately before entering the nearest crosswalk or, if none, then immediately before entering the intersection;
This is simple. Every driver, when approaching a stop sign must come to a complete and full stop at the proper place.
If there is a line at the intersection, before the stop sign, the driver must stop at the line.
If there is no line, the driver must stop at the stop sign.
There is no set amount of time a driver must be stopped for, the only requirement is that the wheels of the vehicle have stopped moving.
The set fines and demerit points for failing to stop are as follows:
- Disobey stop sign – stop wrong place: $85.00 + VSC 3 demerit points
- Disobey stop sign – fail to stop: $85.00 + VSC 3 demerit points
This is an absolute liability offence. This means that there is no defense of due diligence. The prosecutor must prove beyond a reasonable doubt that you did not stop at the stop sign. There is no deference as to why you could not stop, like the roads were slippery.
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.
