Traffic/Bylaw

Traffic/Bylaw 2018-04-02T09:38:59+00:00
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Traffic / Bylaw

Do you have a traffic or bylaw issue? SLA may be able to help you with the following matters: 

SLA may be able to assist you with the following traffic or bylaw offences: 

  • Driving an uninsured motor vehicle 
  • Failure to remain at the scene 
  • Speeding 
  • Failure to stop at red light 
  • Careless driving 
  • Driving while suspended 
  • Failure to produce insurance 
  • Driving with a suspended licence 
  • Unsafe lane change 
  • Disobeying a traffic sign 
  • Following too closely 
  • Fighting or loitering in public places 
  • Pet related violations 
  • Failure to produce valid fare 

In Calgary, Traffic Court hears provincial offence matters including traffic violations under the Highway Traffic Act and municipal traffic by-laws.  

What might happen? 

The steps in each traffic matter may vary. For more information, please refer to the Alberta Justice brochure: Charged with a Crime: What you Need to Know. Below is a list of common steps when you are involved in a traffic violation: 

  1. You are issued a traffic or bylaw ticket 
  2. You request disclosure 
  3. You make you first appearance (usually to enter a plea or adjourn if necessary) 
  4. Enter a plea 
    1. If you enter a plea of not guilty, a trial date will be set. 
    2. If you wish to enter a plea of guilty, you may either pay the ticket amount or, in certain cases, a disposition date will be set. 
  5. Trial (if you have pleaded not guilty) 

Traffic and Bylaw Terminology to get Familiar With: 

Bylaw: The Municipal Government Act grants City Council the power to pass bylaws. Bylaws are created to address issues and concerns of the local community. They are created for reasons ranging such as environmental protection, or promoting public health and public safety. 

Conviction Set Aside: If you fail to dispute the charge against you or to appear in person or by agent in court, you may, if no more than 15 days have passed since the conviction first came to your attention, appear before a justice with an affidavit stating your reason for not appearing. If the justice is satisfied that your reason is reasonable, the justice shall set aside the conviction and give you a new notice of trial. 

Demerit Points 

Demerit points are recorded against a driver’s licence: 

  • When a total of eight or more but less than 15 points have accumulated, you are mailed a courtesy notice of point standing. 
  • When an accumulation of 15 or more points occurs within a two-year period, your licence is automatically suspended for one month. 
  • When the suspension is the second demerit suspension within one year, your licence is suspended for three months. 
  • When the suspension is the third (or more) demerit suspension within two years, your licence is suspended for six months. In addition, you may be required to appear before the Alberta Transportation Safety Board. 
  • There is no remedy or appeal against a demerit point suspension, unless it can be proven the demerit points were assigned in error. You may request to review your driving record on these grounds by making a written submission to the Driver Fitness and Monitoring Branch. 
  • When a demerit point suspension has been served, the licence is reinstated with seven demerit points against it. These points remain on your record until a period of two years from the assessed date has passed. 
  • When two years have elapsed from the date of a conviction, the number of points assessed for that conviction are removed from your record. Remember, the date of conviction is the date that you actually pay your fine or are found guilty in absence, not the date that you received the fine. 
  • If an approved defensive driving course has been successfully completed prior to accumulating 15 or more points, a maximum of three demerit points may be removed from a driving record once every two years. 

For more information, see the Alberta Transportation website. 

Disclosure: All the prosecutor’s evidence related to a case, such as witness statements and the notes of any police officer involved. 

Driver’s abstract: Your driver abstract can show the last 3, 5 or 10 years of your driving history. It will show you licence status as well as any infractions and demerit points. 

Traffic Safety Act and Regulations: In Alberta, the rules of the road are established by the Traffic Safety Act and Regulations. The Act deals with a variety of driving issues from driver training and driver examinations to demerit points. Most traffic  

Transportation Safety Board: The Alberta Transportation Safety Board is the final administrative authority for making driver’s licence determinations. The Board handles appeals of licence suspensions and vehicle seizures. For more information, see the Alberta Transportation website 

Landlord Tenant

Do you have a landlord and tenant legal issue? SLA may be able to help you with the following matters: 

  • return of a security deposit 
  • fundamental breach of a tenancy agreement 
  • eviction 
  • roommate disputes 

Two Possible Starting Points: 

1. Provincial Court. Click here for information from Alberta Justice’s website about filing an application at Provincial Court. 

2. Residential Tenancy Dispute Resolutions Service. The Residential Tenancy Dispute Resolution Service offers landlords and tenants an alternative to arguing their dispute in court. Using RTDRS may allow you to resolve your dispute more quickly and less expensively than filing an application at Provincial Court. 

To use this service, you must complete the RTDRS application form. The RTDRS will file their application and set a date and time for the hearing to take place. The matter will be heard before a Tenancy Dispute Officer who is authorized to make binding decisions on claims up to $50,000. The decision of the Tenancy Dispute Officer is binding on all parties. 

Both landlords and tenants may file an application with the RTDRS for different remedies. For an overview of the RTDRS process, click here. 

Notaries 

Do you have a document you need to get notarized? SLA’s current articling student is able to perform notary duties. 

A notary public is a third-party witness to the signature of a document and to the fact that the parties who signed did so willingly. 

Notary services are free for current University of Calgary students. For members of the public, a fee of $20 is required to have a document notarized. 

To make an appointment to get a document notarized, please called the SLA Offices at (403) 220-6637 

Please note, a notary is not required to notarize your document if he or she is not confident that you are the person in question. 

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