Acts and Regulations

M-17 - Motor Vehicle Act

Section 140
Disposition versions

Full text
Maximum speed
140(1)Except as otherwise expressly provided in this Act and subject to subsections 140.1(1) and 142.01(1), no person shall drive a vehicle on a highway or a part of highway for which no signs giving notice of the maximum speed limit are erected at a speed in excess of,
(a) in a local authority,
(i) on a local highway as that term is defined in the Highway Act, 80 km/h, or
(ii) on any other highway, 50 km/h,
(b) the maximum speed limit prescribed in accordance with the provisions of section 141, or
(c) 80 km/h in a rural district.
140(1.1)Any person who violates the provisions of subsection (1)
(a) by driving at a speed of 25 km/h or less in excess of a speed limit referred to in that subsection commits an offence,
(b) by driving at a speed of more than 25 km/h but not more than 50 km/h in excess of a speed limit referred to in that subsection commits an offence,
(c) by driving at a speed of more than 50 km/h but not more than 80 km/h in excess of a speed limit referred to in that subsection commits an offence, or
(d) by driving at a speed of more than 80 km/h in excess of a speed limit referred to in that subsection commits an offence.
140(1.2)Where in a prosecution for an offence under paragraph (1.1)(b) the offence is not proven but evidence is adduced of facts which would constitute an offence under paragraph (1.1)(a), the alleged violator may be convicted of an offence under paragraph (1.1)(a) despite the fact that the alleged violator was not charged with committing an offence under that paragraph.
140(1.3)Despite section 51 or subsection 56(8) of the Provincial Offences Procedure Act, if a person is convicted of an offence under paragraph (1.1)(d), the minimum fine shall be double the minimum fine specified in the Provincial Offences Procedure Act for that category of offence.
140(1.4)If a peace officer is satisfied that there are reasonable grounds to believe an alleged violator under paragraph (1.1)(c) or (d) has committed an offence, the peace officer shall detain the motor vehicle involved and the vehicle shall be impounded
(a) with respect to an offence under paragraph (1.1)(c), for seven days from the time it was detained, or
(b) with respect to an offence under paragraph (1.1)(d), for 30 days from the time it was detained.
140(1.5)Section 310.2 applies to the detention and impoundment of a motor vehicle under subsection (1.4).
140(2)No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing.
1955, c.13, s.123; 1956, c.19, s.7, 8; 1959, c.23, s.8; 1960, c.53, s.23; 1961-62, c.62, s.43; 1971, c.48, s.7; 1973, c.59, s.8; 1977, c.M-11.1, s.17; 1977, c.32, s.13; 1981, c.48, s.8; 1983, c.52, s.12; 1990, c.61, s.84; 1996, c.79, s.6; 2001, c.30, s.3; 2007, c.44, s.8; 2023, c.7, s.4; 2023, c.8, s.1
Maximum speed
140(1)Except as otherwise expressly provided in the Act and subject to subsections 140.1(1) and 142.01(1), no person shall drive a vehicle on a highway at a speed in excess of
(a) fifty kilometres per hour in an urban district,
(b) the speed limit prescribed in accordance with the provisions of section 141, or
(c) eighty kilometres per hour in other locations where the speed limit is not otherwise posted.
140(1.1)Any person who violates the provisions of subsection (1)
(a) by driving at a speed of twenty-five kilometres per hour or less in excess of a speed limit referred to in that subsection commits an offence,
(b) by driving at a speed of more than twenty-five kilometres per hour but not more than fifty kilometres per hour in excess of a speed limit referred to in that subsection commits an offence, or
(c) by driving at a speed of more than fifty kilometres per hour in excess of a speed limit referred to in that subsection commits an offence.
140(1.2)Where in a prosecution for an offence under paragraph (1.1)(b) the offence is not proven but evidence is adduced of facts which would constitute an offence under paragraph (1.1)(a), the alleged violator may be convicted of an offence under paragraph (1.1)(a) notwithstanding that he was not charged with committing an offence thereunder.
140(2)No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing.
1955, c.13, s.123; 1956, c.19, s.7, 8; 1959, c.23, s.8; 1960, c.53, s.23; 1961-62, c.62, s.43; 1971, c.48, s.7; 1973, c.59, s.8; 1977, c.M-11.1, s.17; 1977, c.32, s.13; 1981, c.48, s.8; 1983, c.52, s.12; 1990, c.61, s.84; 1996, c.79, s.6; 2001, c.30, s.3; 2007, c.44, s.8
Rules respecting speed
140(1)Except as otherwise expressly provided in the Act and subject to subsections 140.1(1) and 142.01(1), no person shall drive a vehicle on a highway at a speed in excess of
(a) fifty kilometres per hour in an urban district,
(b) the speed limit prescribed in accordance with the provisions of section 141, or
(c) eighty kilometres per hour in other locations where the speed limit is not otherwise posted.
140(1.1)Any person who violates the provisions of subsection (1)
(a) by driving at a speed of twenty-five kilometres per hour or less in excess of a speed limit referred to in that subsection commits an offence,
(b) by driving at a speed of more than twenty-five kilometres per hour but not more than fifty kilometres per hour in excess of a speed limit referred to in that subsection commits an offence, or
(c) by driving at a speed of more than fifty kilometres per hour in excess of a speed limit referred to in that subsection commits an offence.
140(1.2)Where in a prosecution for an offence under paragraph (1.1)(b) the offence is not proven but evidence is adduced of facts which would constitute an offence under paragraph (1.1)(a), the alleged violator may be convicted of an offence under paragraph (1.1)(a) notwithstanding that he was not charged with committing an offence thereunder.
140(2)No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing.
1955, c.13, s.123; 1956, c.19, s.7, 8; 1959, c.23, s.8; 1960, c.53, s.23; 1961-62, c.62, s.43; 1971, c.48, s.7; 1973, c.59, s.8; 1977, c.M-11.1, s.17; 1977, c.32, s.13; 1981, c.48, s.8; 1983, c.52, s.12; 1990, c.61, s.84; 1996, c.79, s.6; 2001, c.30, s.3; 2007, c.44, s.8
Rules respecting speed
140(1)Except as otherwise expressly provided in the Act no person shall drive a vehicle on a highway at a speed in excess of
(a) fifty kilometres per hour in an urban district,
(b) the speed limit prescribed in accordance with the provisions of section 140.1, 141 or 142, or
(c) eighty kilometres per hour in other locations where the speed limit is not otherwise posted.
140(1.1)Any person who violates the provisions of subsection (1)
(a) by driving at a speed of twenty-five kilometres per hour or less in excess of a speed limit referred to in that subsection commits an offence,
(b) by driving at a speed of more than twenty-five kilometres per hour but not more than fifty kilometres per hour in excess of a speed limit referred to in that subsection commits an offence, or
(c) by driving at a speed of more than fifty kilometres per hour in excess of a speed limit referred to in that subsection commits an offence.
140(1.2)Where in a prosecution for an offence under paragraph (1.1)(b) the offence is not proven but evidence is adduced of facts which would constitute an offence under paragraph (1.1)(a), the alleged violator may be convicted of an offence under paragraph (1.1)(a) notwithstanding that he was not charged with committing an offence thereunder.
140(2)No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing.
1955, c.13, s.123; 1956, c.19, s.7, 8; 1959, c.23, s.8; 1960, c.53, s.23; 1961-62, c.62, s.43; 1971, c.48, s.7; 1973, c.59, s.8; 1977, c.M-11.1, s.17; 1977, c.32, s.13; 1981, c.48, s.8; 1983, c.52, s.12; 1990, c.61, s.84; 1996, c.79, s.6; 2001, c.30, s.3