Administrative Monetary Penalties for Vehicle-Based Infractions Captured by Automated Cameras
Regulation - LGIC
Bill or Act:
Highway Traffic Act
Summary of Proposal:
Currently, the Ministry of Transportation (MTO) permits municipalities to establish automated (camera-based) enforcement programs for school bus, red light and speed camera offences. With these programs, municipalities can charge vehicle owners using Provincial Offences Act (POA) traffic tickets. Under this POA framework, a ticket is issued and vehicle owners can then dispute their offences in court, if they choose to contest the offence, like any typical traffic ticket.
These camera-based enforcement programs have the potential to improve road safety outcomes in Ontario by ensuring high-risk driving behaviours are consistently monitored by cameras, which helps keep all users safe on the roads. However, these camera programs have not seen widespread adoption due to their high administration and adjudication costs, as well as the extensive court processing time required to handle the volumes.
To increase participation in these programs, MTO is proposing to develop an Administrative Monetary Penalty (AMP) regulatory framework (see proposal details in the attached pdf), with penalty amounts comparable to those currently in existence under the POA ticketing scheme. Some of the benefits of AMPs include:
- They are not considered offences and will not be applied to any driver record.
- Municipalities can set up more efficient ways to process and adjudicate infractions outside the traditional court system (e.g. employee designated by the municipality versus current system that requires a Justice of the Peace).
By streamlining the processing of infractions under the camera-based enforcement programs, municipalities would ease their administrative burden. Due to their decreased expenditures to realize revenues, the municipality may also have the opportunity to redirect any available revenues towards other community safety initiatives, based on individual local community needs.
Analysis of Regulatory Impact:
It is anticipated that there will be no direct compliance costs associated with this proposal.
Further, it is anticipated that the proposal may result in cost savings for municipalities as an AMP model provides for a more cost-effective means to adjudicate infractions. An AMP model is also expected to reduce the administrative burdens on municipalities that opt in. Decreased expenditures to realize revenue may enable them to redirect any available revenues towards other community safety initiatives.
February 22, 2022
Comments Due Date:
March 15, 2022