Town status under Highway Traffic Act means lower speed in Erin

Residents here might be living life in the slow lane – just not by choice.

On Oct. 2 road superintendent Larry Van Wyck informed council that amendments to the Highway Traffic Act (HTA) could put the brakes on local speed limits.

Mayor Lou Maieron said the report was interesting because it was about lowering town speed limits.

Van Wyck clarified it is not about lowering speed limits, but increasing them from what they are – according to the current interpretation of the Highway Traffic Act.

Van Wyck explained that as a result of amendments to the HTA, in particular Section 128 – as amended by the Municipal Statute Law Amendment Act, 2002, relating to the maximum rate of speed in towns – the Town of Erin requested legal advice to interpret the changes.

He said municipalities were unaware of changes which stipulate the statutory maximum rate on any highway within a local municipality is now 50km/h, except those municipalities which had township status prior to the enactment of the new Municipal Act.

Councillor Barb Tocher said when Erin became a town, the speed limit under the HTA was different from when it was a township for the rural roads.

Typically speed limits are 80km/h on rural roads, except for built-up rural areas in townships.

Van Wyck said there was a cut-off point in 2002, and at that point Erin had amalgamated and no longer had “township” status.

As a result, Van Wyck said “the default speed limit throughout the municipality where there is no signage or bylaw is 50km/h.”

He said this would leave the Town of Erin with many kilometers of rural roads – previously covered by the old unposted 80km/hr rural statutory limit – that now require bylaws and posted signs to establish regulatory speed limits. He considered the issue of enforcement as problematic.

Van Wyck also stated municipal council may authorize regulatory speed limits of 40, 50, 60, 70 or 80km/h.

Previously, the town hired a consultant to look at the speeds limits of local roads and make recommendations. The result was a map with many roads which recommended to be 40km/h.

Staff has reviewed the road sections further to consider road design, roadside environment and general public safety, Van Wyck explained.

“I drove up and down looking for a compelling reason to raise the speed limit back up to 80km/h,” he said.

While some roads have been reconstructed, Van Wyck said to meet the engineering standards, hills would need to be cut down and roads widened to allow for shoulders.

“But on a 66-foot right of way, and the rolling topography, we can’t meet an 80km/h design speed,” he said.

He also pointed to other guidelines used to determine speed limits. Some of those include:

– surface type: gravel, surface treatment, or paved;

– roadway width: six metres to nine metres;

– roadside environment;

– steep road grades; and

– intersections with public and private roads.

Van Wyck explained steeper grades justify lower speed limits, as do narrow roads, roadside hazards, pedestrian exposure (such as the lack of sidewalks or shoulders), and cyclist exposure where there are no bicycle lanes.

Van Wyck said “unfortunately our roads fall under just about every one of those categories.”

Tocher quipped, “you’ve left out horses and deer (on the roads).”

Van Wyck said there is the potential for some relief to standards which require signs to be posted at specific intervals.

“My suggestion is that if we adopt a speed limit other than 80km/h … we have speed limits posted at the appropriate intersections to let people know what the speed limits are.”

He said that may be sufficient under the regulations of the Ontario Traffic Manual.

But Van Wyck also explained the town section of the HTA was not to deal with default speed limits, but isolated sections of road. He also suggested  council might consider posting

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