Rate of Speed By-law

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By-law number: 2356-22

Enacted: June 6, 2022

Last date passed at Council: January 24, 2024

Amending by-laws: 2366-22, 2376-22, 2382-22, 2426-23, 2435-23, 2446-23, 2426-23, 2486-24

County service area:

Being a by-law to regulate rates of speed on County highways and to repeal By-law 1942/18 as amended.

Short Title
Definitions
Traffic Regulations - Specific Speed Limits
Traffic Control Devices
Enforcement and Penalties
Partial Invalidity
Repeal
Schedules

1. Short Title

1.1 That this by-law may be cited as the "Rate of Speed By-law"

2. Definitions

THAT the following terms are defined for the purpose of this by-law:

2.1 “Appropriate Authorized Sign” shall mean a sign that has been authorized by the Council of the Corporation of Haldimand County.

2.2 “Highway” includes a common and public highway, street, road, lane, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, designed and intended for, or used by, the general public for the passage of vehicles including the area between the lateral property lines thereof and sidewalks, boulevards and curbs. It may contain and include a roadway and shoulder.

2.3 “Highway Traffic Act” means the Highway Traffic Act, R.S.O. 1990, c. H.8., as amended.

2.4 “Motor vehicle” includes an automobile, truck, motorcycle, motor-assisted bicycle, and any other vehicle propelled or driven otherwise than by muscular power.

2.5 “Roadway” means the part of a highway that is improved, designed or ordinarily used for vehicular traffic, but does not include the shoulder, and where a highway includes two or more separate roadways, the term roadway refers to any one roadway separately and not to all roadways collectively.

2.6 “Traffic Control Device” means any sign, signal or other roadway, curb or sidewalk marking, or any other device erected or placed under the authority of this by-law for the purpose of regulating, warning or guiding traffic.

2.7 “Vehicle” includes a motor vehicle, trailer, traction engine, farm tractor, road-building machine and any vehicle drawn, propelled or driven by any kind of power, including muscular power, but does not include the cars of electric or steam railways running only upon rails.

3. Traffic Regulations - Specific Speed Limits

3.1 THAT the rates of speed for a vehicle shown in Schedule “A” of this by-law are hereby respectively prescribed as the speed limits for those highways and parts of highways listed in that schedule.

3.2 THAT where signs are displayed on the highway or portion of a highway set out in Column 1 of Schedule “A” to this by-law between the limits set out in Columns 2 and 3 of Schedule “A” to this by-law, the maximum rate of speed in kilometres per hour shall be that set out in Column 4 of Schedule “A” to this by-law.

3.3 THAT the General Manager of Public Works or their designate has the authority to designate a construction zone. A section of roadway designated as a construction zone shall have a lower rate of speed.

4. Traffic Control Devices

4.1 THAT save as may be otherwise more specifically provided by this by-law or the Highway Traffic Act, it shall be an offence against the provisions of this by-law for any person to fail to comply with the directions of any official traffic sign or traffic control device regulating traffic on a highway.

5. Enforcement and Penalties

5.1 THAT every person who contravenes any of the provisions of this by-law is guilty of an offence and on conviction is liable to a penalty as provided for in the Highway Traffic Act.

6. Partial Invalidity

6.1 THAT should any section, clause or provision of this by-law or the application thereof be held by a court of competent jurisdiction to be invalid or unenforceable to any extent, the remainder of this by-law and the application thereof to circumstances other than to those held to be invalid or unenforceable shall not be affected thereby and each section, clause and provision of this by-law shall be separately valid and enforceable to the fullest extent permitted by law.

7. Repeal

7.1 THAT any previous by-laws pertaining to rates of speed, including By-laws 1858-17, 1942-18, 1965-18, 1995-18, 2078-19, 2094-19, 2182-20, 2197-20, 2216-20, 2255-21, 2267-21, 2308-21, 2315-21 and 2331-22 are hereby repealed.

7.2 THAT this by-law shall take precedence over any by-law with which it is inconsistent.

7.3 AND THAT this by-law shall come into force and take effect when Appropriate Authorized Sign applicable to this provision has been installed and is on display.

8. Schedules

Schedule A (PDF)

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