Q: I received a traffic ticket for making a prohibited left turn at a small residential intersection where there were no traffic lights. The ticket stated the offence was against the Toronto bylaw. Are there demerit points for that offence?

A: Scattered throughout the city there are literally hundreds of intersections where turns to the right or to the left are prohibited by way of a signs posted with the familiar red circle surrounding an arrow with a diagonal red line running though the arrow. The direction of the arrow indicates the direction in which the turn is prohibited.

There are two laws in effect that cover prohibited turns, one under the Highway Traffic Act and the other under a City of Toronto bylaw. So at what point does one law supersede the other seeing as though bylaw infractions tend to be of lesser consequence than provincial laws such as those that appear in the Highway Traffic Act?

All infractions at signalized intersections fall under Section 144 of the Highway Traffic Act including disobeying red or amber lights, failing to yield to pedestrians and under Section 144 (9), prohibited turns to the right where signs are clearly posted.

In the case of a prohibited turn at a signalized intersection, an offending motorist would be assessed two demerit points in addition to the $110 fine.

At an intersection where there are no traffic lights, that is, a non-signalized intersection, prohibited turns to the right or left are governed under a City of Toronto bylaw.

Since the infraction is a bylaw offence, the city has no authority to assess demerit points therefore any infraction for a prohibited turn where the police officer issues a traffic ticket under the bylaw, no demerit points are assessed and the fine is significantly less.

All that being said, there is also an offence under Section 182 of the Highway Traffic Act for disobeying an official sign that, in addition to the $110 fine, also carries two demerit points.

A sign posted to coincide with an existing bylaw is considered an official sign and I have heard of instances where a police officer has issued a traffic ticket under this section of the act in lieu of the bylaw ticket.

Generally when we speak of traffic offences we focus on drivers. In many cases traffic laws also apply to both cyclists and pedestrians and in the case of a prohibited turn at an intersection, regardless of whether the offence falls under the Traffic Act or a bylaw, cyclists are not exempt and can be charged similar to drivers.

To sum it all up, both motorists and cyclists alike must obey the turning prohibitions and there are two points for an offence under the Highway Traffic Act, no points for a bylaw infraction.