PART IX RATE OF SPEED
Rate of speed
128 (1) No person shall drive a motor vehicle at a rate of speed greater than, (a)  50 kilometres per hour on a highway within a local municipality or within a built-up area; (b)  despite clause (a), 80 kilometres per hour on a highway, not within a built-up area, that is within a local municipality that had the status of a township on December 31, 2002 and, but for the enactment of the Municipal Act, 2001, would have had the status of a township on January 1, 2003, if the municipality is prescribed by regulation; (b.1)  80 kilometres per hour on a highway not within a local municipality or within a built-up area; (c)  80 kilometres per hour on a highway designated by the Lieutenant Governor in Council as a controlled-access highway under the Public Transportation and Highway Improvement Act, whether or not the highway is within a local municipality or built-up area; (d)  the rate of speed prescribed for motor vehicles on a highway in accordance with subsection (2), (5), (6), (6.1) or (7); or (e)  the maximum rate of speed set under subsection (10) and posted in a construction zone designated under subsection (8) or (8.1). (f)  Repealed: 2019, c. 8, Sched. 1, s. 24. 2005, c. 26, Sched. A, s. 17 (1); 2006, c. 11, Sched. B, s. 6 (2); 2006, c. 32, Sched. D, s. 4 (1); 2019, c. 8, Sched. 1, s. 24; 2021, c. 26, Sched. 1, s. 10. Regulation (1.1) The Minister may by regulation prescribe the municipalities to which clause (1) (b) applies.  2002, c. 17, Sched. C, s. 15 (2). Rate of speed by by-law (2) The council of a municipality may, for motor vehicles driven on a highway or portion of a highway under its jurisdiction, by by-law prescribe a rate of speed different from the rate set out in subsection (1) that is not greater than 100 kilometres per hour and may prescribe different rates of speed for different times of day.  2006, c. 32, Sched. D, s. 4 (3). Same, within designated areas (2.1) A by-law passed under subsection (2) may designate an area in the municipality and prescribe a rate of speed, which must be less than 50 kilometres per hour, that applies to all highways within the designated area that, absent a by-law passed under subsection (2), would have a prescribed rate of speed of 50 kilometres per hour under clause (1) (a). 2017, c. 9, s. 4 (1). Same, excluded highways (2.2) A by-law for a designated area described in subsection (2.1) may exclude from the application of the by-law any highway or portion of a highway within the designated area that has a different rate of speed prescribed specifically for that highway or portion of highway by a by-law passed under subsection (2). 2017, c. 9, s. 4 (1). Same (3) The rate of speed set under subsection (10) may be any speed that is not greater than 100 kilometres per hour.  2006, c. 32, Sched. D, s. 4 (4). (3.1), (4) Repealed:  2006, c. 32, Sched. D, s. 4 (5). Rate in school zones (5) The council of a municipality may by by-law, (a)  designate a portion of a highway under its jurisdiction that adjoins the entrance to or exit from a school and that is within 150 metres along the highway in either direction beyond the limits of the land used for the purposes of the school; and (b)  for motor vehicles driven, on days on which school is regularly held, on the portion of a highway so designated, prescribe a rate of speed that is lower than the rate of speed otherwise prescribed under subsection (1) or (2) for that portion of highway, and prescribe the time or times at which the speed limit is effective.  R.S.O. 1990, c. H.8, s. 128 (5); 2002, c. 17, Sched. F, Table; 2002, c. 18, Sched. P, s. 29 (2); 2006, c. 32, Sched. D, s. 4 (6). Rate on bridges (6) If the council of a municipality by by-law prescribes a lower rate of speed for motor vehicles passing over a bridge on a highway under its jurisdiction than is prescribed under subsection (1), signs indicating the maximum rate of speed shall be posted in a conspicuous place at each approach to the bridge.  2006, c. 32, Sched. D, s. 4 (7). Rate on grade (6.1) The council of a municipality may by by-law, (a)  designate a portion of a highway under its jurisdiction that includes a grade of 6 per cent or higher; and (b)  prescribe for any class or classes of motor vehicles a lower rate of speed, when travelling down grade on that portion of the highway, than is otherwise prescribed under subsection (1) or (2) for that portion of highway.  2002, c. 18, Sched. P, s. 29 (3-5); 2006, c. 32, Sched. D, s. 4 (8). Same (6.2) The portion of a highway designated under clause (6.1) (a) shall not include more than 500 metres on either side of the portion of the highway where the grade is 6 per cent or higher.  2002, c. 18, Sched. P, s. 29 (3). (6.3), (6.4) Repealed:  2006, c. 32, Sched. D, s. 4 (9). Rate of speed by regulation (7) The Minister may make regulations prescribing a rate of speed for, (a)  motor vehicles driven on a highway or portion of a highway within a provincial park; (b)  any class or classes of motor vehicles driven on the King’s Highway or portion of the King’s Highway whether or not the King’s Highway is within a municipality, and the rate of speed may be different for any period or periods of the day or night or direction of travel; and (c)  motor vehicles driven on a highway or portion of a highway in territory without municipal organization.  R.S.O. 1990, c. H.8, s. 128 (7); 2002, c. 17, Sched. F, Table. Construction zones (8) An official of the Ministry authorized by the Minister in writing may designate any part of the King’s Highway as a construction zone, and every construction zone designated under this subsection shall be marked by signs in accordance with the regulations.  2005, c. 26, Sched. A, s. 17 (4). Same (8.1) A person appointed by the municipality for the purpose of this subsection may designate a highway or portion of a highway under the municipality’s jurisdiction as a construction zone, and every construction zone designated under this subsection shall be marked by signs in accordance with the regulations.  2005, c. 26, Sched. A, s. 17 (4). Same (8.2) The presence of signs posted under subsection (8) or (8.1) is proof, in the absence of evidence to the contrary, of the designation of the portion of the highway as a construction zone, of the authority of the person authorized under subsection (8) or (8.1) to make the designation and of the speed limit set for the portion of the highway under subsection (10).  2005, c. 26, Sched. A, s. 17 (4). Legislation Act, 2006 (9) A designation under subsection (8) or (8.1) and the setting of a speed limit under subsection (10) are not regulations within the meaning of Part III (Regulations) of the Legislation Act, 2006.  2006, c. 21, Sched. F, s. 139 (3). Speed limit in construction zones (10) The person authorized under subsection (8) or (8.1) may set a lower rate of speed for motor vehicles driven in the designated construction zone than is otherwise provided in this section, and the speed limit shall not become effective until the highway or portion of it affected is signed in accordance with subsection (8) or (8.1), as the case may be, and with subsection (10.1).  2005, c. 26, Sched. A, s. 17 (4). Speed limit signs in construction zones (10.1) Signs posting the maximum rate of speed at which motor vehicles may be driven in a designated construction zone may be erected in accordance with the regulations.  2005, c. 26, Sched. A, s. 17 (4). By-laws, regulations effective when posted (11) No by-law passed under this section or regulation made under clause (7) (c) becomes effective until the highway, portion of the highway or designated area affected by the by-law or regulation, as the case may be, is signed in accordance with this Act and the regulations. 2017, c. 9, s. 4 (2). Exemption (12) Where a by-law or regulation passed under this section becomes effective, the rates of speed prescribed in subsection (1) do not apply to the highway or portion of the highway affected by the by-law or regulation.  R.S.O. 1990, c. H.8, s. 128 (12); 1997, c. 26, Sched. Fire department vehicles and police vehicles (13) The speed limits prescribed under this section or any regulation or by-law passed under this section do not apply to, (a)  a fire department vehicle while proceeding to a fire or responding to, but not returning from, a fire alarm or other emergency call; (b)  a police department vehicle being used in the lawful performance of a police officer’s duties; or (c)  an ambulance while responding to an emergency call or being used to transport a patient or injured person in an emergency situation.  R.S.O. 1990, c. H.8, s. 128 (13); 2009, c. 5, s. 40. Penalty (14) Every person who contravenes this section or any by-law or regulation made under this section is guilty of an offence and on conviction is liable, where the rate of speed at which the motor vehicle was driven, (a)  is less than 20 kilometres per hour over the speed limit, to a fine of $3 for each kilometre per hour that the motor vehicle was driven over the speed limit; (b)  is 20 kilometres per hour or more but less than 30 kilometres per hour over the speed limit, to a fine of $4.50 for each kilometre per hour that the motor vehicle was driven over the speed limit; (c)  is 30 kilometres per hour or more but less than 50 kilometres per hour over the speed limit, to a fine of $7 for each kilometre per hour that the motor vehicle was driven over the speed limit; and (d)  is 50 kilometres per hour or more over the speed limit, to a fine of $9.75 for each kilometre per hour that the motor vehicle was driven over the speed limit.  2005, c. 26, Sched. A, s. 17 (7). Penalty for speeding in construction zones (14.1) Every person who contravenes this section in a construction zone designated under subsection (8) or (8.1) when there is a worker in the construction zone is liable on conviction, not to the fines set out in subsection (14), but, where the rate of speed at which the motor vehicle was driven, (a)  is less than 20 kilometres per hour over the posted speed limit, to a fine of double the fine set out in clause (14) (a) for each kilometre per hour that the motor vehicle was driven over the speed limit; (b)  is 20 kilometres per hour or more but less than 30 kilometres per hour over the posted speed limit, to a fine of double the fine set out in clause (14) (b) for each kilometre per hour that the motor vehicle was driven over the speed limit; (c)  is 30 kilometres per hour or more but less than 50 kilometres per hour over the posted speed limit, to a fine of double the fine set out in clause (14) (c) for each kilometre per hour that the motor vehicle was driven over the speed limit; and (d)  is 50 kilometres per hour or more over the posted speed limit, to a fine of double the fine set out in clause (14) (d) for each kilometre per hour that the motor vehicle was driven over the speed limit.  2005, c. 26, Sched. A, s. 17 (8). Suspension of licence on conviction (15) Subject to subsection 207 (7), where a court has convicted a person for a contravention of this section and has determined that the person convicted was driving at a rate of speed of 50 or more kilometres per hour greater than the speed limit, the court may, (a)  suspend the driver’s licence of the person for a period of not more than 30 days; (b)  upon the first subsequent conviction where the court determined in respect of each conviction that the person was driving at a rate of speed of 50 or more kilometres per hour greater than the speed limit, suspend the driver’s licence of the person for a period of not more than 60 days; (c)  upon the second subsequent conviction or an additional subsequent conviction, where the court determined in respect of each conviction that the person was driving at a rate of speed of 50 or more kilometres per hour greater than the speed limit, suspend the driver’s licence of the person for a period of not more than one year.  2005, c. 26, Sched. A, s. 17 (9). Determining subsequent conviction (15.1) In determining whether a conviction is a subsequent conviction for the purposes of subsection (15), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.  2005, c. 26, Sched. A, s. 17 (9). Five-year limitation (15.2) Clauses (15) (b) and (c) do not apply when the subsequent conviction is more than five years after the first conviction.  2005, c. 26, Sched. A, s. 17 (9). Transition (15.3) Despite subsection (15.2), a conviction that was before the date on which this subsection comes into force shall not be taken into account for the purpose of clauses (15) (b) and (c).  2005, c. 26, Sched. A, s. 17 (9). Certificate of offence not to be amended to charge owner (15.4) A certificate of offence that specifies an offence under section 128 against a driver shall not be amended to reflect a charge against that person as an owner.  2005, c. 26, Sched. A, s. 17 (10). Definition (16) In this section, “motor vehicle” includes street car.  R.S.O. 1990, c. H.8, s. 128 (16). Section Amendments with date in force (d/m/y) 1993, c. 31, s. 2 (7) - 15/08/1994; 1997, c. 26, Sched. - 01/01/1998 2002, c. 17, Sched. C, s. 15 (1, 2) - 01/01/2003; 2002, c. 17, Sched. F, Table - 01/01/2003; 2002, c. 18, Sched. P, s. 29 (1-5) - 14/02/2003 2005, c. 26, Sched. A, s. 17 (1-5, 7-10) - 31/03/2006; 2005, c. 26, Sched. A, s. 17 (6) - no effect - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2015 2006, c. 11, Sched. B, s. 6 (1, 3, 9) - no effect; 2006, c. 11, Sched. B, s. 6 (2, 4, 5) - 01/01/2007; 2006, c. 21, Sched. F, s. 115, 139 (3) - 25/07/2007; 2006, c. 32, Sched. C, s. 24 (4, 5) - 01/01/2007; 2006, c. 32, Sched. D, s. 4 (1-9) - 01/01/2007 2009, c. 5, s. 40
- 23/04/2009 2017, c. 9, s. 4 (1, 2)
- 01/05/2018 2019, c. 8, Sched. 1, s. 24 - 06/06/2019 2021, c. 26, Sched. 1, s. 10 - 03/06/2021 128.0.1 Section Amendments with date in force (d/m/y) 2005, c. 26, Sched. A, s. 18 - no effect - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2015 2006, c. 21, Sched. F, s. 139 (4) - no effect - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2015