The short answer is no. While most traffic laws only apply to public roads, certain laws, like stunt driving/racing and dangerous driving can still be enforced on private property. However, speeding tickets under section 128 of the Highway Traffic Act cannot be issued to drivers speeding in parking lots.
What Happens If I Am Caught Speeding In A Private Parking Lot?
Many assume that Ontario traffic regulations would not apply to motor vehicle accidents and traffic violations that occur in a parking lot.
That said, the Highway Traffic Act can apply in certain private settings, including most parking lots, such as those found at shopping malls, commercial office buildings, and apartment buildings. If you are caught speeding in a parking lot, the police should know that the Highway Traffic Act does not apply, and therefore you likely would not receive a ticket for speeding. You may, however, be issued a charge for dangerous driving if your speeding puts anyone else at risk.
Common Offences That Can Get You A Traffic Ticket In A Parking Lot
- Driving Under The Influence
- Accidents And Collisions
- Dangerous Driving
- Stunt Driving or Racing a Motor Vehicle
- Careless Driving
As a driver, if you are driving recklessly and putting others at risk, driving under the influence of alcohol and drugs, involved in a collision on private property, or causing your vehicle’s tires to lose traction while spinning your car in a parking lot, a summons or ticket can be issued.
If a driver’s behaviour meets the criteria of stunt driving under section 172 (1) of the Highway Traffic Act, the driver could be issued a stunt driving charge. These come with far more severe penalties than speeding, including license suspension, higher fines, demerit points, and potential jail time.
When Police Intervene In A Parking Lot For Speeding
The Highway Traffic Act for Ontario does not specify speed limits for parking lots as they pertain to speeding tickets. Regardless of the HTA, police may intervene on a driver in a parking lot if their driving behaviour poses a risk to public safety.
If there is speeding in a parking lot, note that there are a lot of circumstances wherein police do get involved. When pedestrians or property are endangered, if there is clear participation occurring in stunt driving, or if there has been a collision, these are all reasons for the police to issue a traffic ticket or summons.
How To Respond To A Traffic Ticket On Private Property
It is not completely unheard of that a police officer misinterprets the law or simply gets it wrong. If you have been issued a speeding ticket in a parking lot in Ontario, the only acceptable outcome would be to have the ticket withdrawn.
Since speeding legislation does not apply in parking lots, the ticket has no legal merit. An argument must be made on your behalf to the prosecutor to have the charge against you withdrawn. If the prosecutor is unwilling to withdraw the charge, a trial may be necessary. A paralegal would prepare your defence and conduct a trial on your behalf with the goal of having the charge dismissed.
Contact OTD Legal Today To Dispute A Speeding Ticket In Ontario
Do not let a speeding ticket jeopardize your license and insurance rates. Talk to a lawyer or paralegal. It is never recommended to plead guilty right away and pay your ticket without exploring your legal options first, especially if the ticket was issued in a parking lot.
Contact us today at OTD Legal and seek legal advice from a paralegal with experience handling these types of charges. Do not wait. There are ticking deadlines on when you can submit a ticket dispute. Delaying only serves to put more stress on you and pushes you closer to the edge of the deadline period. Not responding to a ticket, whether it was issued lawfully or not, may result in a conviction against you.
An OTD Legal paralegal may be your best chance at avoiding having to pay severe penalties. Considering the consultation is free, there is no reason not to take advantage to gain a better grasp on the charges you are facing as well as the best way to defend against them in court.
After we speak with you, we may be able to get your charges reduced or dropped altogether. Every year, there are thousands of traffic tickets in Ontario that are withdrawn or dismissed. There is no reason to think yours can’t be the next.
The team at OTD Legal understands the complexities of Ontario traffic laws and how they apply in a parking lot environment. We also know how to identify errors and weaknesses in the evidence against you and when charges are issued by the police in error.
In a free consultation regarding your speeding ticket, let one of our paralegals discuss your case with you in-depth.
Frequently Asked Questions
How do police measure speed for a speeding ticket in a parking lot?
There are three ways a police officer can measure your vehicle’s speed in a parking lot. They may use radar to measure the speed of any moving object. They may have a laser speed-measuring device that uses a laser beam to calculate the speed of a moving object. While they wouldn’t be able to do this inside of a smaller parking lot, alternatively, police may also use pacing which is when they follow you around in their vehicle while monitoring the speed on their odometer. Regardless of how your speed was obtained, there is no law that applies to speeding in parking lots, therefore it is unlikely that the police would waste their time trying to measure your speed at all in a parking lot.
Is there a standard speed limit for parking lots in Ontario?
No, there is not. There may be speed limit signs posted in the parking lot, but these signs are a suggested safe speed. Since section 128 of the Highway Traffic Act does not apply to parking lots, speed limit signs are not legally enforceable. This does not mean that you are permitted to drive at excessive speeds and put other motorists or pedestrians at risk in parking lots. The police do still have the ability to issue a serious criminal charge under the Criminal Code of Canada in parking lots if they believe your driving behaviour is dangerous. You may also be asked to leave the parking lot and not return under the threat of a trespassing charge.
Can a parking lot owner set their own speed limit?
Yes, parking lot owners have the discretion to set their own speed limits in parking lots. Clear signage will likely be posted indicating the permitted speed. These signs are more of a suggestion than a law. You could, however, be asked to leave a parking lot for speeding. If you return without permission, you could be issued a trespass charge.
Can I get a ticket for speeding in an underground parking garage?
No, you can’t get a ticket for speeding in an underground parking garage. Similar to a parking lot, the Highway Traffic Act has very limited applications in parking garages.
How long do I have to respond to a speeding ticket from a parking lot?
If you want to dispute a traffic ticket of any kind, including a speeding ticket in a parking lot, you have up to 15 days to do so. At that time, a court date will be set and you will proceed accordingly. Fortunately, when you work with an experienced speeding ticket paralegal, your defence will be focused on having your parking lot speeding ticket withdrawn or dismissed since it is not a lawful charge.
