City of Toronto Imposes a $12.75 Fixed Fine on Parking Tickets Received/Challenged/Lost

Update: see previous posts – September 20, 2011 Toronto to Impose Additional Surcharge of $12.75 Added-On Every Parking Ticket (When Motorist Challenges Ticket and Loses), June 16, 2011 The City of Toronto Considers Introducing a $12.75 Surcharge on Parking Tickets, June 13, 2011 City of Toronto Parking Tickets Can be Disputed Online as of September, 2011

see source

Toronto City Council is the main governing and legislative body of the City of Toronto. Council is composed of the Mayor and 44 Councillors. Toronto City Council has direct responsibility for the City’s services. Council also indirectly oversees other major services (such as police, transit, public health, libraries, public housing) through the appointment of Council members to the boards of directors of the City Council’s agencies, boards, commissions and corporations.

City Council met on September 21, 2011 to discuss the “Implementation of a Fixed Fine System for Parking Tickets” as adopted on September 15, 2011 by the Government Management Committee with amendments and then sent to council.

The government management committee met in June and again on September 15, 2011 to review the potential of imposing an additional cost of $12.75 on each parking ticket, on every person or company who requested a trial to fight the parking ticket(s) and are ultimately found guilty or plead “guilty” or neglect to show up for their scheduled trial date.

Toronto City Council passed a motion on Sept.21/11 to introduce a "Fixed Fine" of $12.75 for any Parking Ticket where the registered owner of the vehicle ticketed, challenges the parking ticket in court and loses. It may also be possible in the future, to pay for parking by cellphone by the motorist.

At the September 21, 2011 City Council meeting, there was an amendment:

Motion to Amend Item (Additional) moved by Councillor Karen Stintz (Carried):

“The appropriate staff be requested to report to the Government Management Committee on the feasibility of  paying for parking by cell phone.”

After the amendment (that City staff report to the Government Management Committee on the feasibility of paying for parking by cell phone) was moved and carried by 35 members of Council; then the entire Council, save and except those who were not in attendance (Michelle Berardinette, Janet Davis, Glenn De Baeremaeker, John Filion, Mark Grimes, Chin Lee, David Shiner, Michael Thompson and Adam Vaughan) supported the motion, as amended at 3:28 p.m.  The decision to implement “fixed fines” has been passed by Toronto City Council.

Even though Council has approved the fine increase, the earliest an increase to the fines could be implemented is probably April 1, 2012 (provided that the Regional Senior Justice approves the new fine levels by early March 2012 for a April 1, 2012 implementation).


Fixed Fine Amounts ($12.75 added to current Set Fine Amounts)

Typical Offence Type(s)                                                 Current Set Fine Amount,    Future Fixed Fine Amount
Fail to Park/Stop Parallel to Right Hand                    $15.00                                      $27.75
Side of Highway,

Park Longer than 3 hours
————————————————————————————————————————

Parallel Park – Metered Space- Front
wheels not opposite meter                                               $20.00                                       $32.75

————————————————————————————————————————

Expired Meter Offences – “Park at Expired                  $30.00                                       $42.75
Meter, Fail to deposit fee/display receipt”
No Valid Permit – “Park (Prohibited
area/location) without a Permit”
Private Property – “Park Vehicle on Private
Property without Consent”

————————————————————————————————————————-

No Parking – “Park Signed Highway during
Prohibited Times/Days                                                      $40.00                                         $52.75

————————————————————————————————————————-

Unauthorized Parking on Boulevard                         $50.00                                          $62.75

————————————————————————————————————————-

Stand Vehicle at prohibited Time                               $55.00                                           $67.75

————————————————————————————————————————-

No Stopping – “Stop Vehicle signed Highway
Prohibited Time/Day”                                                     $60.00                                            $72.75

————————————————————————————————————————-

Stop Vehicle in a reserved lane during
prohibited times or days                                                $65.00                                            $77.75

————————————————————————————————————————-

Park unauthorized vehicle in designated
parking space                                                                  $75.00                                             $87.75

————————————————————————————————————————-

Park Heavy Truck Highway, Prohibited
Times/Days                                                                    $90.00                                              $102.75

————————————————————————————————————————-

Fire Hydrant – “Park – 3M of Fire Hydrant”         $100.00                                            $112.75

————————————————————————————————————————-

Park in Park Not in Designated Area,

Park Contrary to Posted Condition                          $105.00                                             $117.75

————————————————————————————————————————–

Park unauthorized vehicle in designated
space                                                                              $150.00                                             $162.75

————————————————————————————————————————–

Park motorized recreational vehicle in non
designated area of park                                             $175.00                                              $187.75

————————————————————————————————————————–

Park/stand on track in snow route                          $200.00                                              $212.75

————————————————————————————————————————–

Fire Route offences                                                      $250.00                                               $262.75

____________________________________________________________________________

Here is what the City has posted online in response to this issue:

  • City Council adopted this item on September 21, 2011 with amendments.
  • This item was considered by Government Management Committee on September 15, 2011 and was adopted with amendments. It will be considered by City Council on September 21, 2011.
City Council consideration on September 21, 2011
GM7.9

 

Amended 

 

Ward:All 

Implementation of a Fixed Fine System for Parking Tickets
Background Information (Committee)
(June 13, 2011) Staff Report – Implementation of a Fixed Fine System for Parking Tickets
(http://www.toronto.ca/legdocs/mmis/2011/gm/bgrd/backgroundfile-40569.pdf)
Communications (City Council)
(September 18, 2011) E-mail from Josef Kates (CC.Supp.GM7.9.8)
Motions (City Council)
Motion to Amend Item (Additional) moved by Councillor Karen Stintz (Carried)

The appropriate staff be requested to report to the Government Management Committee on the feasibility of  paying for parking by cell phone.


Vote (Amend Item (Additional))

Sep-21-2011 3:23 PM

Result: CarriedMajority Required – GM7.9 – Stintz – Amend the item
Yes: 35Paul Ainslie, Maria Augimeri, Ana Bailão, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Doug Ford, Rob Ford, Mary Fragedakis, Doug Holyday, Norman Kelly, Mike Layton, Gloria Lindsay Luby, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata, Cesar Palacio, John Parker (Chair), James Pasternak, Gord Perks, Jaye Robinson, Karen Stintz, Kristyn Wong-Tam 
No: 1Anthony Perruzza 
Absent: 9Michelle Berardinetti, Janet Davis, Glenn De Baeremaeker, John Filion, Mark Grimes, Chin Lee, David Shiner, Michael Thompson, Adam Vaughan 


Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended)

Sep-21-2011 3:28 PM

Result: CarriedMajority Required – GM7.9 – Adopt the item as amended
Yes: 36Paul Ainslie, Maria Augimeri, Ana Bailão, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Doug Ford, Rob Ford, Mary Fragedakis, Mark Grimes, Doug Holyday, Mike Layton, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata, Cesar Palacio, John Parker (Chair), James Pasternak, Gord Perks, Jaye Robinson, Karen Stintz, Kristyn Wong-Tam 
No: 0 
Absent: 9Michelle Berardinetti, Janet Davis, Glenn De Baeremaeker, John Filion, Norman Kelly, Anthony Perruzza, David Shiner, Michael Thompson, Adam Vaughan 

 

9aFurther Report on the Implementation of a Fixed Fine System for Parking Tickets
Background Information (Committee)
(August 30, 2011) Staff Report – Further Report on the Implementation of a Fixed Fine System for Parking Tickets
(http://www.toronto.ca/legdocs/mmis/2011/gm/bgrd/backgroundfile-40464.pdf)
Communications (Committee)
(June 27, 2011) E-mail from David Mitchelson (GM.Main.GM7.9.1)
(June 28, 2011) E-mail from Presentation from Josef Kates (GM.Main.GM7.9.2)
(June 29, 2011) E-mail from James Whyte (GM.Main.GM7.9.3)
(September 9, 2011) E-mail from Nick Iozzo (GM.Supp.GM7.9.4)
(September 9, 2011) E-mail from Ken Wood (GM.Supp.GM7.9.5)
(September 11, 2011) E-mail from Josef Kates (GM.Supp.GM7.9.6)
(September 7, 2011) E-mail from Carole St. Laurent (GM.Supp.GM7.9.7)
Government Management Committee consideration on September 15, 2011
Fixed Fine System for Parking Tickets
General Information:
• At its meeting of September 21 and 22, 2011, Toronto City Council adopted, with amendments, the Government Management Committee’s recommendations regarding item GM7.9: Further Report on the Implementation of a Fixed Fine System for Parking Tickets. The Government Management Committee’s recommendations are available at:
http://app.toronto.ca/tmmis/viewAgendaItemHistory.do?item=2011.GM7.9
• The Provincial Offences Act (POA) requires that a “Set Fine” be established for each type of parking offence. The set fine is the dollar amount that appears on the face of a parking ticket and it is the amount that a parking ticket recipient pays out of court to avoid any further proceedings. Set fines are established by the Regional Senior Judge (RSJ) for Toronto Region.
• Under the Fixed Fine system approved by Toronto City Council on September 21, 2011, the City’s bylaws will prescribe a “fixed fine” amount that applies where a parking ticket trial results in a conviction (either because the defendant pleads guilty or is found guilty by the Courts). The Fixed Fine for a parking infraction is the same as the Set Fine amount that appears on the face of a ticket. If a defendant is found not guilty at trial, no fine is payable.
• By setting fixed fines equal to the set fine amount, the amount that must be imposed in court on a guilty plea or a conviction at trial is the same as the amount that appears on the face of the ticket. The presiding Justice would not be able to impose a fine amount less than the original ticket amount or no fine at all, with the result that defendants appearing in court will not be able to obtain a reduced fine amount.
• Setting the fixed fine equal to the set fine preserves the right of an individual to appear in court to dispute a ticket without being exposed to a higher fine when convicted.
• In 2010, the City of Toronto issued 2,787,071 parking tickets. Of the parking tickets issued, 306,651 Requests for Trial were filed – roughly 11% of all tickets issued in 2010.
• A parking ticket recipient appeared in court in less than 40% of the trials scheduled in 2010. For trials where the defendant did not appear (roughly 45% of all scheduled trials), 11.4% paid after receipt of a trial notice but prior to the scheduled trial, and 33.4% failed to attend their scheduled trial date, resulting in an automatic conviction. (See Table 1 below)
• In approximately 62% of trials scheduled in 2010 where the ticket recipient appeared in court and was convicted, the fine imposed by the court was less than the set fine amount indicated on the face of the ticket. On average, the fine assessed in court was approximately 50% of the original fine amount.
• A fixed fine system for parking tickets will help to ensure:
− early resolution of parking tickets;
− a reduction in the number of trial requests made when the parking ticket recipient simply wishes to obtain a reduced fine amount, by establishing the principle that the fine imposed cannot be reduced through the court process;
− parking ticket trials are scheduled in a timely manner, allowing residents to receive a fair outcome without having to wait months for a trial date;
− fewer parking ticket disputes are stayed or withdrawn due to the length of time that has elapsed since the ticket was issued; and
− adequate court capacity and resources are available to hear parking ticket trials and other more serious provincial offences, by reducing the number of unnecessary or frivolous trial requests.
Fines for Accessible Parking Offences
o Council’s adoption of the Government Management Committee’s recommendations regarding Item GM7.9: Further Report on the Implementation of a Fixed Fine System for Parking Tickets), maintained set fines for accessible parking offences (previously disabled parking offences) at $450. The City of Toronto Act, 2006 prescribes a minimum fine of $300.00 that applies on conviction for accessible parking offences.
o Trials were requested for approximately half of all accessible parking tickets issued in 2010. Where a trial results in a guilty finding, the fine imposed by the Justice at trial could, in practice, be any amount up to $450, with a minimum fine amount of $300 set out in the City of Toronto Act, (subject to any discretion exercised by a presiding Justice to reduce the amount to less than the $300 minimum where circumstances warrant). Given that tickets issued for accessible parking offences result in some offenders submitting payment of the full $450 set fine amount, the set fine amount for accessible parking offences will be maintained at $450.
It's only fair to share...
Share on FacebookTweet about this on TwitterGoogle+Pin on Pinterestshare on TumblrShare on LinkedInShare on RedditEmail to someone

One thoughtful comment

  1. Hello,
    Council also indirectly oversees other major services (such as police, transit, public health, libraries, public housing) through the appointment of Council members to the boards of directors of the City Council’s agencies, boards, commissions and corporations.

Leave a Reply

Your email address will not be published.