News   Mar 28, 2024
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Waterloo Region Transit Developments (ION LRT, new terminal, GRT buses)

It cannot regulate them on exclusive rights-of-way.
It can't - but once you are south of Erb, it's almost entirely in the highway (the highway being defined to include everything between the property lines ... grass, sidewalks, curbs, medians ... and tracks).
 
The ongoing debate on various threads over whether something is a streetcar, metro, LRT, rapid transit, anon, anon, is largely lost on me. Whether or not a particular piece of right-of-way is shared or exclusive may hinge on factors such as ownership, signage, legal agreements, etc. Every section of the HTA that creates a rule for the conduct or interaction of conveyances uses the word "highway" or "roadway". Consider the following definitions:

“highway” includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof; (“voie publique”)

“roadway” means the part of the 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 of the roadways collectively; (“chaussée”)


Is a piece of the right-of-way set aside for the exclusive - not shared - use of a rail-mounted vehicle, either by curbs, signage, etc. part of either the roadway or highway, considering that they are not, by definition "vehicles"? Dunno. It might create an interesting situation for those residents who have to drive over an exclusive use right-of-way to access their street. There might be regulations under the HTA particularly pertaining to rail-mounted vehicles, or local bylaws that make all of this clearer. No doubt the tall foreheads have figured this all out or, if not, the courts will.
 
If you look at the this picture. It has a diamond marking saying this lane and a LRV icon. It means this lane of the highway and roadway is reserved for LRVs only.

As you can see in this street view image (bonus, there's an LRV in it!) the central right of way is segregated from the street by curbs, thus making it not a street car:



I believe the fact that you can only board it at stations with level boarding platforms, as opposed to from the street itself such as in Toronto, also makes it not a street car. Even the side running bit of Ottawa St you posted a page back is segregated, as there are roll curbs and it is illegal to park, stop, or do anything other than immediately cross those side running rights of way.
And in the HTA an electric railway operating in the middle of the road is definitely a street car. The LRV lane has to be part of a highway or they can't issue a fine for anyone under the HTA for driving on it.
 
Ontario is the only province where you can drive a motor vehicle in a parking lot without a license. From link.

Ontario's Highway Traffic Act (HTA) generally applies only on highways – and that doesn't just mean Highway 401. Under the act, a highway is "a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles."

That doesn't include parking lots, even those owned by the government. And because Ontario parking lots aren't considered roads, you generally can't be charged with breaking the HTA.

That also means you can drive a vehicle without a licence, insurance or registration on private property.

"People who live out in rural areas have a farm vehicle – if they drive it on farm property without a licence, it's not an issue," Leon said. "If they drive across the road, now you need to be licensed and it needs to be registered."

Technically, you could go to a parking lot or other private property and drive a vehicle you're not licensed for – like a motorcycle, school bus or even an 18-wheeler.

We asked Ontario's Ministry of Transportation (MTO) why the HTA doesn't apply on private property.

"In terms of the Highway Traffic Act, the ministry does not provide legal interpretations or opinions of it to the public," the MTO said in an e-mail statement. "Every situation is fact-specific, so it is not possible to set out every instance where the Act would or would not apply."

Ontario is the only province where the rules don't apply on private property. In Quebec, some driving laws apply on private property and others – like the distracted driving law – don't.

But, that doesn't mean drivers can do anything in Ontario parking lots and get away scot-free.

"If I'm driving erratically in a snow-covered parking lot and I strike a parked car because of my carelessness, the HTA doesn't apply – but the criminal code does," Leon said. "The criminal code applies everywhere."

In that case, a driver could be charged with dangerous operation of a motor vehicle under section 249 of the Criminal Code of Canada. The maximum penalty is five years in jail. It's not a charge police give lightly, Leon said.

"You have to be driving in a manner that puts other people in extreme risk," Leon said.

Other possible criminal charges include failing to stop at the scene of an accident and impaired driving.

If someone crashes into you in a parking lot, the accident has to be reported – either by calling police or going to a collision reporting centre – if the damage is more than $1,000, Leon said.

And you should call police if someone is injured, if it's a hit-and-run, or if a driver seems impaired.

"If you as a citizen feel you can smell alcohol or think the driver is acting like they're impaired, I would suggest calling 911 and say you've been in a collision and believe there's a driver involved who has been impaired," Leon said. "I'd suggest getting the licence plate and if they drive away, don't follow the vehicle."

If they act "criminally" on the right-of-way, then they can be charged under the laws of Canada, not under the laws of Ontario. It would be a "railway".
 
Ontario is the only province where you can drive a motor vehicle in a parking lot without a license.
I'm surprised by that. Anyone who knows anyone who grew up on a farm knows that it doesn't apply on private property in Ontario ... but I'm surprised that agricultural provinces like Quebec, Saskatchewan, and Alberta would require licence's on private property. Are you sure? I guess I should find out before I let my daughter drive on the private road near the cottage in Quebec ...
 
I'm surprised by that. Anyone who knows anyone who grew up on a farm knows that it doesn't apply on private property in Ontario ... but I'm surprised that agricultural provinces like Quebec, Saskatchewan, and Alberta would require licence's on private property. Are you sure? I guess I should find out before I let my daughter drive on the private road near the cottage in Quebec ...

Driving farm tractors in Quebec (even on private land) requires a class 8 license (lowest in Quebec, higher is generally acceptable) and a minimum age of 16. AFAIK, it's a written and vision test only.
 
What parking lot should I use when ION LRT opens on the 21st, if I can't use the GO Train to visit?

Since it's a weekday, I suggest the Fairway stop, which has a small park&ride lot that probably won't be heavily used yet. Failing that, there are various parking garages near the downtown stops, and the Bramm St lot ~5 minutes walk from ‘Central Station’ is free after 5pm.
 
Since it's a weekday, I suggest the Fairway stop, which has a small park&ride lot that probably won't be heavily used yet. Failing that, there are various parking garages near the downtown stops, and the Bramm St lot ~5 minutes walk from ‘Central Station’ is free after 5pm.
Presumably Conestoga Mall as well.

Gosh, I wonder how may people will be treating the shopping malls as park-and-rides. :)
 
The schedules are now up for the revised bus services and for Ion LRT.


I'm really pleased to see the LRT will run no less frequently than every 15 minutes, even late evenings and Sunday, contrary to service plans that specified only 30 minute service during later evening service periods.
 
Yeah, that's not too bad. I'm surprised it's only once every 10 minutes at peak - for some reason I thought it was going to be every 7.5 minutes.

Gosh, first trains into UW arrive at around 4:30 AM. But last southbound departure at night is just after midnight. I'd have thought shifting that all about an hour later would have worked better. I remember trying to get home at 1 or 2 AM. But never going anywhere at 5 AM!
 

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