Anyone know anything about Alberta traffic laws?
#1
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I have read alot of posts on Ontario's speeding laws. I am just wondering if Alberta has similar laws in place for excessive speeding? Can the police take your car away in Alberta for excessive speeding, like in Ontario? I can only find speculation on this topic. Can the police legally take away your car for speeding in Alberta?
#2
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Apparently they can, this from the Alberta Highway Traffic Act:
120 A peace officer who on reasonable and probable grounds
believes that any person has committed an offence against any of
the following provisions may arrest the person without warrant:
(a) Part 3 relating to the speed of motor vehicles;
(b) section 119 relating to the requirement that drivers stop
when so requested by a peace officer in uniform;
(c) section 123 relating to driving a motor vehicle without
due care and attention or driving a motor vehicle on a
highway without reasonable consideration for persons
using the highway;
(d) section 124 relating to driving a motor vehicle in a race or
on a bet or wager;
(e) section 134 relating to tampering with a motor vehicle;
(f) section 139 relating to defacement of signs;
(g) section 165 relating to a pedestrian giving the pedestrian's
name to a peace officer.
RSA 1980 cH-7 s120
Seizure of motor vehicle
121(1) A peace officer who on reasonable and probable grounds
believes that any of the offences enumerated in section 120 has
been committed may seize and detain any motor vehicle in respect
of which the offence has been committed until the final disposition
of any proceedings that may be taken under this Act.
(2) A peace officer seizing a motor vehicle pursuant to subsection
(1) may cause the vehicle to be removed and taken to and stored in
a suitable place and may cause any tests or examinations to be
made in respect of it that the peace officer considers necessary.
(3) Except where subsection (4) applies, all costs of removal,
transportation and storage of the motor vehicle are a lien on the
vehicle and section 93 of the Motor Vehicle Administration Act
applies with all necessary modifications.
(4) If a charge is not laid respecting a contravention of this Act
within 10 days after the motor vehicle is seized and detained
pursuant to subsection (1), the motor vehicle shall be forthwith
returned to the owner of it, and the costs referred to in subsection
(3) shall be paid
(a) in any case where the seizure was effected by a member
of a municipal police service, by the municipality
concerned, or
(b) in any other case, by the Crown in right of Alberta.
(5) If a charge is laid respecting a contravention of this Act and the
accused is acquitted of the charge, the court may order that the
costs referred to in subsection (3) shall be paid
(a) in any case where the seizure was effected by a member
of a municipal police service, by the municipality
concerned, or
(b) in any other case, by the Crown in right of Alberta.
(6) Notwithstanding anything in this section, if a motor vehicle is
seized pursuant to subsection (1), any judge having jurisdiction in
the place within which the offence is suspected of having been
committed may, in the judge's discretion, release the motor vehicle
pending the disposition of any proceedings that may be taken under
this Act, if security is given in a sum not exceeding $100.
RSA 1980 cH-7 s121;1988 cP-12.01 s67
Examination and testing of vehicle
120 A peace officer who on reasonable and probable grounds
believes that any person has committed an offence against any of
the following provisions may arrest the person without warrant:
(a) Part 3 relating to the speed of motor vehicles;
(b) section 119 relating to the requirement that drivers stop
when so requested by a peace officer in uniform;
(c) section 123 relating to driving a motor vehicle without
due care and attention or driving a motor vehicle on a
highway without reasonable consideration for persons
using the highway;
(d) section 124 relating to driving a motor vehicle in a race or
on a bet or wager;
(e) section 134 relating to tampering with a motor vehicle;
(f) section 139 relating to defacement of signs;
(g) section 165 relating to a pedestrian giving the pedestrian's
name to a peace officer.
RSA 1980 cH-7 s120
Seizure of motor vehicle
121(1) A peace officer who on reasonable and probable grounds
believes that any of the offences enumerated in section 120 has
been committed may seize and detain any motor vehicle in respect
of which the offence has been committed until the final disposition
of any proceedings that may be taken under this Act.
(2) A peace officer seizing a motor vehicle pursuant to subsection
(1) may cause the vehicle to be removed and taken to and stored in
a suitable place and may cause any tests or examinations to be
made in respect of it that the peace officer considers necessary.
(3) Except where subsection (4) applies, all costs of removal,
transportation and storage of the motor vehicle are a lien on the
vehicle and section 93 of the Motor Vehicle Administration Act
applies with all necessary modifications.
(4) If a charge is not laid respecting a contravention of this Act
within 10 days after the motor vehicle is seized and detained
pursuant to subsection (1), the motor vehicle shall be forthwith
returned to the owner of it, and the costs referred to in subsection
(3) shall be paid
(a) in any case where the seizure was effected by a member
of a municipal police service, by the municipality
concerned, or
(b) in any other case, by the Crown in right of Alberta.
(5) If a charge is laid respecting a contravention of this Act and the
accused is acquitted of the charge, the court may order that the
costs referred to in subsection (3) shall be paid
(a) in any case where the seizure was effected by a member
of a municipal police service, by the municipality
concerned, or
(b) in any other case, by the Crown in right of Alberta.
(6) Notwithstanding anything in this section, if a motor vehicle is
seized pursuant to subsection (1), any judge having jurisdiction in
the place within which the offence is suspected of having been
committed may, in the judge's discretion, release the motor vehicle
pending the disposition of any proceedings that may be taken under
this Act, if security is given in a sum not exceeding $100.
RSA 1980 cH-7 s121;1988 cP-12.01 s67
Examination and testing of vehicle
#3
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121(1) A peace officer who on reasonable and probable grounds
believes that any of the offences enumerated in section 120 has
been committed may seize and detain any motor vehicle in respect
of which the offence has been committed until the final disposition
of any proceedings that may be taken under this Act.
believes that any of the offences enumerated in section 120 has
been committed may seize and detain any motor vehicle in respect
of which the offence has been committed until the final disposition
of any proceedings that may be taken under this Act.
#5
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Seized for a day or so is not to bad. Having to give it up until your court date, that would really suck. Just remember to be sweet as sugar to the police, if they ever pull you over.
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#8
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I was moving along the Bow River Hwy @ 120 and came out of corner and onto a straight and rec'd a ticket with a court appearance instead of fine. $1700 later it's handled. Brutal. Nice roads, especially south of Canmore but stay cool.