Highway Traffic Act - O. Reg. 277/99

Highway Traffic Act
Code de la route

ontario regulation 277/99

RED LIGHT CAMERA SYSTEM EVIDENCE

Consolidation Period: From January 1, 2013 to the e-Laws currency date.

Last amendment: O.Reg. 328/12.

This Regulation is made in English only.

Definitions and Application

1.(1)For the purposes of Part XIV.2 of the Act,

“photograph” includes,

(a) any form of electronically recorded image,

(b) a reproduction of all or part of a photograph, and

(2)In this Regulation,

“detectable speed” means the speed at which a red light camera system is programmed to detect the movement of a vehicle;

“intersection” includes any portion of a highway indicated by markings on the surface of the roadway as a crossing place for pedestrians. O.Reg. 277/99, s.1(2).

1.1The areas set out in the Table are designated for the purpose of subsection 205.15 (1) of the Act:

TABLE

Halton, The Regional Municipality of
Hamilton, City of
Ottawa, City of
Peel, The Regional Municipality of
Toronto, City of
Waterloo, The Regional Municipality of
York, The Regional Municipality of

O.Reg. 605/00, s.1; O.Reg. 606/00, s.1; O.Reg. 607/00, s.1; O.Reg. 608/00, s.1; O.Reg. 609/00, s.1; O.Reg. 610/00, s.1; O.Reg. 328/12, s.1.

2.(1)For the purposes of Part XIV.2 of the Act, a red light camera system is the combination of one or more cameras and other equipment of a type described in subsection (1.1) that is installed at an intersection controlled by a traffic control signal such that,

(a) it is capable of photographing all or part of the intersection; and

(b) it takes a first photograph of a vehicle when the vehicle approaches the intersection at or above a detectable speed when a red indication is shown and it then takes one or more further photographs in succession. O.Reg. 569/00, s.2; O.Reg. 245/07, s.2 (1).

(1.1)A red light camera system may be either of the following systems:

1. Gatsometer RLC, model number 36mST-MC-GL4-ONT, referred to in this Regulation as Gatsometer.

2. TraffiStar SR 520-ONT, referred to in this Regulation as TraffiStar. O.Reg. 245/07, s.2 (2).

(2)A further photograph referred to in clause (1) (b) may be taken when the green indication is shown. O.Reg. 277/99, s.2(2).

(3)A red light camera system may take the sequence of photographs described in clause (1) (b) from the same or different angles. O.Reg. 277/99, s.2(3).

(4)A red light camera system may be permanently or temporarily installed at an intersection. O.Reg. 277/99, s.2(4).

Information on Photographs

3.(1)A photograph taken by a red light camera system may show or have superimposed on it any of the following information:

1. The date when it was taken.

2. The municipality where it was taken.

3. The time of day when it was taken.

4. The length of time that the indication was showing red before the photograph was taken.

5. The length of time that the indication was showing amber before the photograph was taken.

6. The speed at which the vehicle shown in the photograph was travelling when the first photograph in a series of photographs was taken. O.Reg. 345/04, s.1 (1).

(2)The information may be conveyed using the system of codes, symbols and abbreviations described in section 3.1 or 3.2 and in section 3.3. O.Reg. 345/04, s.1 (1); O.Reg. 245/07, s.4.

(3)Revoked: O.Reg. 345/04, s.1 (1).

(4)Nothing in subsection (1) precludes a photograph from showing or having superimposed on it any other information, if that information is shown or superimposed on the photograph when it is certified by a provincial offences officer for the purposes of subsection 205.15 (3) of the Act. O.Reg. 345/04, s.1 (2).

(5)In order to be received in evidence, an enlargement of a photograph must clearly show the number plate of the vehicle that is the subject of the photograph and as much of the rest of the photograph as is necessary to show that the enlargement is of part of that photograph. O.Reg. 569/00, s.3.

(6)An enlargement or reproduction of a photograph or part of a photograph taken by a red light camera system is not required to show or have superimposed on it any information, if the enlargement or reproduction is tendered in evidence together with the photograph of which it is an enlargement or reproduction. O.Reg. 345/04, s.1 (3).

(7)If a defendant who has been served with an offence notice based on evidence obtained through the use of a red light camera system does not give notice of intention to appear, it is not necessary to file any photograph in court. O.Reg. 569/00, s.3.

3.1(1)On the first photograph of a series of photographs taken by a Gatsometer red light camera system, the information described in subsection 3 (1) may appear as a box containing three rows and 12 columns of characters interpreted as follows:

1. In the top row, reading from left to right,

i. the first four characters are the time that the photograph was taken, in hours and minutes expressed in 24-hour clock format,

ii. the next eight characters are the date that the photograph was taken, in numbers, with the first two being the day of the month, the second two being the month and the last four being the year.

2. In the middle row, reading from left to right,

i. the first character is a lane identifier,

ii. the second character is “Y”, which means that the next two characters indicate the length of time that the indication was showing amber before the photograph was taken,

iii. the third and fourth characters are the number of seconds, to the tenth of a second, for which the indication was showing amber before the photograph was taken,

iv. the fifth to eighth characters are the code identifying the municipality in which the red light camera system is located,

v. the ninth character is “R”, which means that the next two characters indicate the length of time that the indication was showing red before the photograph was taken,

vi. the tenth, eleventh and twelfth characters are the number of seconds, to the tenth of a second, for which the indication was showing red before the photograph was taken.

3. In the bottom row, reading from left to right,

i. the first character is “A”, which means that this is the first in the series of photographs taken,

ii. the second, third and fourth characters are the frame set number on the roll of film used,

iii. the fifth to eighth spaces are blank,

iv. the ninth to twelfth characters are the roll number assigned to the roll of film. O.Reg. 345/04, s.2; O.Reg. 245/07, s.5 (1).

(2)On the second photograph of a series of photographs taken by a Gatsometer red light camera system, the information described in subsection 3 (1) may appear as a box containing three rows and 12 columns of characters interpreted as follows:

1. In the top row, reading from left to right,

i. the first four characters are the time that the photograph was taken, in hours and minutes expressed in 24-hour clock format,

ii. the next eight characters are the date that the photograph was taken, in numbers, with the first two being the day of the month, the second two being the month and the last four being the year.

2. In the middle row, reading from left to right,

i. the first character is a lane identifier,

ii. the second character is “Y”, which means that the next two characters indicate the length of time that the indication was showing amber before the photograph was taken,

iii. the third and fourth characters are the number of seconds, to the tenth of a second, for which the indication was showing amber before the photograph was taken,

iv. the fifth to eighth characters are the code identifying the municipality in which the red light camera system is located,

v. the ninth character is “R”, which means that the next two characters indicate the length of time that the indication was showing red before the photograph was taken,

vi. the tenth, eleventh and twelfth characters are the number of seconds, to the tenth of a second, for which the indication was showing red before the photograph was taken.

3. In the bottom row, reading from left to right,

i. the first character is “B”, which means that this is the second in the series of photographs taken,

ii. the second, third and fourth characters are the frame set number on the roll of film used,

iii. the fifth character is “V”, which means that the following characters in the row indicate the speed at which the vehicle was travelling when the first photograph in the series of photographs was taken, or this space may be blank,

iv. the sixth character is “=” or “V”, which means that the following characters in the row indicate the speed at which the vehicle was travelling when the first photograph in the series of photographs was taken,

v. the seventh, eighth and ninth characters are the speed at which the vehicle was travelling when the first photograph in the series of photographs was taken, in kilometres per hour,

vi. the tenth, eleventh and twelfth characters are, respectively, “k”, “m” and “h”, which means kilometres per hour. O.Reg. 345/04, s.2; O.Reg. 245/07, s.5 (2, 3).

(3)The time that the photograph was taken, as described in subparagraph 1 i of subsection (1) and in subparagraph 1 i of subsection (2), appears with the minutes as a superscript, so for example, the time 19:47 appears as 1947. O.Reg. 345/04, s.2.

(4)The length of time that the indication was showing amber before the photograph was taken, as described in subparagraph 2 iii of subsection (1) and in subparagraph 2 iii of subsection (2), although they are to the tenth of the second, do not show the decimal point that should appear to the left of the last digit and the digit representing the number of the tenth of seconds appears as a superscript, so for example, 3.7 seconds appears as 37. O.Reg. 345/04, s.2.

(5)The length of time that the indication was showing red before the photograph was taken, as described in subparagraph 2 vi of subsection (1) and in subparagraph 2 vi of subsection (2), although they are to the tenth of the second, do not show the decimal point that should appear to the left of the last digit and the digit representing the number of the tenth of seconds appears as a superscript, so for example, 3.7 seconds appears as 037. O.Reg. 345/04, s.2.

(6)Revoked: O.Reg. 245/07, s.5 (4).

3.2(1)On the first photograph of a series of photographs taken by a TraffiStar red light camera system, the information described in subsection 3 (1) may appear as a box containing two rows and eight columns of characters interpreted as follows:

1. In the top row, reading from left to right, are the column headings, “Time”, “Date”, “Lane”, “Amber”, “Code”, “Red”, “Photo” and “Speed”.

2. In the bottom row,

i. in the first column is the time that the photograph was taken, in hours and minutes expressed in 24-hour clock format,

ii. in the second column is the date that the photograph was taken, in numbers, with the first two being the day of the month, the second two being the month and the last four being the year,

iii. in the third column is a lane identifier,

iv. in the fourth column is the number of seconds, to the tenth of a second, for which the indication was showing amber before the photograph was taken,

v. in the fifth column is the code identifying the municipality in which the red light camera system is located,

vi. in the sixth column is the number of seconds, to the tenth of a second, for which the indication was showing red before the photograph was taken,

vii. in the seventh column,

A. the first three characters are the frame set numbers, and

B. the fourth character is “A”, which means that this is the first in the series of photographs taken,

viii. in the eighth column is the speed at which the vehicle was travelling when the first photograph in the series of photographs was taken, in kilometres per hour. O.Reg. 245/07, s.6; O.Reg. 487/07, s.1 (1, 2).

(2)On the second photograph of a series of photographs taken by a TraffiStar red light camera system, the information described in subsection 3 (1) may appear as a box containing two rows and eight columns of characters interpreted as follows: