STREET CAR CAMERAS

Definitions 1. (1) For the purposes of Part XIV.4 of the Act, “photograph” includes the following: 1. A series of sequential images, in any form, that meets the following criteria: i. The images in the series are captured at a rate of not less than 10 frames per second. ii. The images in the series are recorded and stored electronically. iii. The images in the series can be displayed as a series of images or as digital video. 2. A copy, reproduction or enlargement of all or part of any of the photograph. (2) In this Regulation, “street car” has the same meaning as in subsection 1 (1) of the Act. Automated street car enforcement system 2. (1) For the purposes of Part XIV.4 of the Act, an automated street car enforcement system consists of one or more digital cameras that are capable of, (a) taking photographs of a motor vehicle that passes a street car while the street car is stationary as described in subsection 166 (1) of the Act; and (b) recording and storing the photographs electronically. (2) An automated street car enforcement system may be permanently or temporarily placed or installed on a street car. (3) The cameras of an automated street car enforcement system may face forwards or backwards or both, and may be placed along one or both sides of the street car. (4) A photograph taken by an automated street car enforcement system may show or have superimposed upon it any information or data, including the following: 1. The time and date when the photograph was taken. 2. A description of the location of the street car when the photograph was taken, including a reference to latitude and longitude. Photographs as evidence 3. (1) Subject to subsection (2), a photograph obtained through the use of an automated street car enforcement system shall be received in evidence in a proceeding under the Provincial Offences Act in respect of an alleged offence under section 166 of the Act. (2) The photograph must comply with the requirements of this Regulation. (3) A photograph that purports to be certified by a provincial offences officer as having been obtained through the use of an automated street car enforcement system shall be received in evidence as proof, in the absence of evidence to the contrary, that the photograph was obtained through the use of an automated street car enforcement system. (4) A photograph of a motor vehicle obtained through the use of an automated street car enforcement system is proof, in the absence of evidence to the contrary, that, (a) the automated street car enforcement system was working properly at the time that the photograph was taken; (b) the information or data that is shown or superimposed on the image or on the front or the back of the photograph, including any information or data authorized under subsection 2 (4), is true; and (c) the street car was stationary as described in subsection 166 (1) of the Act at the time that the photograph was taken. (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 part of that photograph. (6) An enlargement or reproduction of a photograph or part of a photograph taken by an automated street car enforcement 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. (7) No person who has entered a plea of not guilty at trial shall be convicted of an offence on the basis of a photograph obtained through the use of an automated street car enforcement system unless the photograph is tendered in evidence at trial. Statements of officer 4. (1) The certified statements of a provincial offences officer in a certificate of offence are admissible in evidence as proof, in the absence of evidence to the contrary, of the facts stated in the certificate. (2) A provincial offences officer who prepares a certificate of offence shall, in the certificate, (a) state that the system used to take the photograph was an automated street car enforcement system under subsection 2 (1) when the photograph was taken; (b) set out the manufacturer’s name and the model number of the automated street car enforcement system used to take the photograph; and (c) state the name of the municipality in which the street car was located when the photograph was taken. (3) The provincial offences officer who used the evidence obtained through the use of an automated street car enforcement system to identify the owner of the motor vehicle involved in the alleged offence, and who issued the certificate of offence and offence notice, shall not be required to give oral evidence at trial unless a summons requiring the officer to attend is issued at trial under section 39 of the Provincial Offences Act. (4) A provincial offences officer who certifies that a photograph was obtained through the use of an automated street car enforcement system shall not be required to give oral evidence at trial unless a summons requiring the officer to attend is issued at trial under section 39 of the Provincial Offences Act. (5) The driver of the street car that was equipped with the automated street car enforcement system that took the photographs shall not be required to give oral evidence at trial unless a summons requiring the driver to attend is issued at trial under section 39 of the Provincial Offences Act. (6) No summons shall be issued to a provincial offences officer referred to in subsection (3) or (4) or to a driver referred to in subsection (5) unless a justice is satisfied that the defendant will not be able to have a fair trial if the officer or driver, as the case may be, is not required to give oral evidence. Evidence of ownership 5. Evidence of ownership of the motor vehicle involved in the alleged offence may be contained in the certificate of offence or it may be set out in a separate document. Offence notice 6. (1) An offence notice issued in a proceeding based on evidence obtained through the use of an automated street car enforcement system may be served by sending the offence notice by regular prepaid mail or by courier to the person charged at the address that appears on the Ministry’s records on the date of the alleged offence within 23 days after the occurrence of the alleged offence. (2) If the person is charged as the owner of the motor vehicle, the offence notice shall be sent to the address of the holder of the plate portion of the permit for the motor vehicle. (3) If the provincial offences officer who issued the certificate of offence also mails or couriers the offence notice or causes it to be mailed or couriered, that officer shall certify, on the certificate of offence, the fact that the offence notice was mailed or couriered and the date it was mailed or couriered, and that certified statement shall be received in evidence and is proof of service in the absence of evidence to the contrary. (4) Where the provincial offences officer who issued the certificate of offence believes that the person charged resides or, in the case of a corporation, has its principal place of business outside Ontario, the address outside Ontario at which the officer believes the person resides or has its principal place of business shall be used, and proof of ownership of the motor vehicle and of the owner’s address shall be provided in accordance with section 210.1 of the Act, which shall apply with necessary modifications to a proceeding commenced under Part XIV.4 of the Act. (5) Service of an offence notice mailed or couriered in accordance with this Regulation shall be deemed to be effected on the seventh day following the day on which it was mailed or couriered. (6) This section applies in a proceeding against an owner of a motor vehicle for an offence under section 166 of the Act, and where the proceeding is not based on evidence obtained through the use of an automated street car enforcement system, this section applies with necessary modifications. 7. Omitted (provides for coming into force of provisions of this Regulation).