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so why won't cops give tickets at Timmies parking lots?

NikiterZTS,Jun 29 2007, 10:25 AM Wrote:so why won't cops give tickets at Timmies parking lots?
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Because management has to call the police and because they are customers they don't call them.

Who says they won't - you saw one instance where a cop didn't and he might not have issued a ticket even if the guy was on the street ... I don't think you can draw definitive conclusions on the basis of one instance where a cop used his own discretion - sorry but that doesn't mean a rat's butt in terms of what the legality is.

There is nothing in statute or even common law that says you are immune from law enforcement because you're on private property.

NikiterZTS,Jun 29 2007, 10:25 AM Wrote:so why won't cops give tickets at Timmies parking lots?
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ZTWsquared,Jun 29 2007, 12:33 PM Wrote:Who says they won't - you saw one instance where a cop didn't and he might not have issued a ticket even if the guy was on the street ... I don't think you can draw definitive conclusions on the basis of one instance where a cop used his own discretion - sorry but that doesn't mean a rat's butt in terms of what the legality is.

There is nothing in statute or even common law that says you are immune from law enforcement because you're on private property.

NikiterZTS,Jun 29 2007, 10:25 AM Wrote:so why won't cops give tickets at Timmies parking lots?
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The point I was making is that you cannot be handed a HTA violation ticket if you're not on a roadway that falls under the HTA - i.e. a publicly-assumed road, highway or throughfare.

I'll be checking with family and friends I have in law enforcement to verify this, as this is something I've "known" for quite some time now to be true.

You cannot be ticketed for driving without a license if you move a vehicle from one point to another on private property. This is under the same reasoning as why all accidents that do not fall under the Criminal Code are settled 50/50... because HTA violations (turn not in safety, follow too closely, etc.) cannot be enforced on private property.

Otherwise, technically, I believe we could all be handed speeding tickets all day long at the track, each and every time we race. Speeding is enforced under the HTA. So are emissions.

See where I'm going with this?

I think you're not seeing the big picture Adam ... if you read the HTA you'll see that the definition of "highway" includes a lot of things including driveways ... and you'll see further that (Para. 1.1) they can change the definitions of location within the regulations ... and regulations are things that can be changed without the need to have parliament approve anything.

Case in point ... a friend of mine who also happens to own a Ford dealership, bought a cheapo Navigator to have fun with at his 200 acre farm ... after one very wild weekend, suffice to say that the Navigator was on fire and there were a dozen heavily intoxicated onlookers in stitches. Cutting to the chase ... he had to talk his way out of an operating while impaired charge and was able to because it was on the farm ... but the cops made a point of telling him that they could very well have charged him had they chosen to.

I'm not trying to be argumentative, but I think that there is some of sort of mistaken impression that private property protects you from being charged ... in legality it doesn't; in practical terms it probably does because of the discretion of the cops; discretion by definition isn't something you can rely on.

NOS2Go4Me,Jun 29 2007, 01:24 PM Wrote:

ZTWsquared,Jun 29 2007, 12:33 PM Wrote:Who says they won't - you saw one instance where a cop didn't and he might not have issued a ticket even if the guy was on the street ... I don't think you can draw definitive conclusions on the basis of one instance where a cop used his own discretion - sorry but that doesn't mean a rat's butt in terms of what the legality is.

There is nothing in statute or even common law that says you are immune from law enforcement because you're on private property.

NikiterZTS,Jun 29 2007, 10:25 AM Wrote:so why won't cops give tickets at Timmies parking lots?
[right][snapback]242684[/snapback][/right]

[right][snapback]242694[/snapback][/right]

The point I was making is that you cannot be handed a HTA violation ticket if you're not on a roadway that falls under the HTA - i.e. a publicly-assumed road, highway or throughfare.

I'll be checking with family and friends I have in law enforcement to verify this, as this is something I've "known" for quite some time now to be true.

You cannot be ticketed for driving without a license if you move a vehicle from one point to another on private property. This is under the same reasoning as why all accidents that do not fall under the Criminal Code are settled 50/50... because HTA violations (turn not in safety, follow too closely, etc.) cannot be enforced on private property.

Otherwise, technically, I believe we could all be handed speeding tickets all day long at the track, each and every time we race. Speeding is enforced under the HTA. So are emissions.

See where I'm going with this?
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