Traffic/Bylaw
Can We Help You? In Calgary, Traffic Court hears provincial offence matters including, traffic violations under the Highway Traffic Act and municipal by-laws. SLA may be able to provide assistance with the following 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
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- suspended licence
- unsafe lane change
- disobey traffic sign
- follow too closely and more
- Fighting or loitering in public places
- Pet related violations
- Failure to produce valid fare
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Legal Information Key Concepts
38 Where a defendant has an excuse for failing to dispute the charge or failing to appear in person or by agent at a trial, the defendant or the defendant’s agent may, if not more than 15 days have elapsed since the conviction first came to the attention of the defendant, appear before a justice and the justice on being satisfied by affidavit that the defendant has established on a balance of probabilities that the defendant’s excuse is reasonable shall set aside the conviction and
(a) give the person appearing a notice of trial in accordance with section 33, or
The Municipal Government Act grants Council the power to pass bylaws. Bylaws are created as a way to address issues and concerns of the local community. They are created to protect the environment, public health, public safety, or to maintain an orderly appearance in your community and city. Source: City of Calgary
Demerit points are recorded against an operators 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 points. 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.
Source: Alberta Transportation
All the prosecutor's evidence related to a case, such as witness statements and the police officer's notes.
Your driver abstract can show the last 3, 5 or 10 years of your driving history. It will show you licencing status as well as any infractions and demerit points Source: Service Alberta
In Alberta, the rules of the road are covered in the Traffic Safety Act and regulations under the Act dealing with cargo securement, commercial vehicles, inspections, bus safety rules of the road, driver training and driver examinations, vehicle equipment vehicle seizure, demerit points and log haul regulations. Click here to view Traffic Safety Act from the Alberta Queen's Printer. Source: Alberta Transportation
The Alberta Transportation Safety Board, which hears appeals of the Registrar's decisions, is the final administrative authority for making operator licence determinations. The Board handles appeals of licence suspensions and vehicle seizures. Source: Alberta Transportation website
Possible Steps 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 involved in resolving a traffic or by-law matter:
- Issued a traffic or bylaw ticket
- Request disclosure
- First appearance (enter a plea or adjourn if necessary)
- Enter a plea
- If you enter a plea of not guilty, a trial date will be set.
- If you wish to enter a plea of guilty, you may either pay the ticket amount or, in certian cases, a disposition date will be set.
Frequently Asked Questions
If you are unable to attend court on the appearance date, you may do the following:
- You can arrange to have a lawyer or an agent appear for you.
- Offence notice violation tickets have a mail-in option available (see the back of the violation ticket for further instructions or options)
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You may go to the court before the specified appearance date. The clerk at the counter may be able to deal with your ticket right away or give you a new date to appear.
Source: Alberta Courts website
Your copy of an offence notice violation ticket will be yellow or white and it will have the words “Part 3, Offence Notice” in the upper right hand corner. Read both sides of the ticket carefully. The back provides detailed information on your options. If you fail to respond to an offence notice violation ticket on or before the date set out on the front of the ticket, you may be convicted in your absence. The amount set out on the front of the ticket (the Voluntary Payment Option) will be assessed as your fine. The fine and any applicable late payment charge will be recorded at the Motor Vehicle Registry and you will be mailed a Notice of Conviction. The Motor Vehicle Registry may not provide you with services until you pay all fines in full. An accumulation of unpaid fines may result in the suspension of your operator’s licence.
Source: Alberta Courts website
Your copy of a summons violation ticket will be pink and it will have the words “Part 2, Summons” in the upper right hand corner. If the officer has marked the “Court Appearance Required” box, you must appear in court (in person or by agent) on or before the date specified in the ticket. If you do not appear in court as required, a warrant for your arrest may be issued. If the officer has marked the “Voluntary Payment Option” box with a fine amount, you have the option of paying the specified voluntary payment amount in full or appearing in court (in person or by agent) on or before the date set out in the ticket. By paying the voluntary payment amount you are deemed to have pled guilty to the charge. If you do not pay the voluntary payment amount and you do not appear in court when required to do so, a warrant for your arrest may be issued.
Source: Alberta Courts website
You may request printed copies of your own driver’s abstract in person, in the office of any valid Alberta registry agent. You have to present acceptable photo identification and complete the Request for Personal Driving and Motor Vehicle Information (REG 3394) form (pdf) by checking the appropriate box indicating the type of driver’s abstract you require and signing and dating the form in front of the registry agent clerk. Source: Service Alberta
Complete the disclosure request form at the Traffic Counter (Calgary Court Centre, 2nd floor) and you will be contacted by the Crown when your disclosure is ready for pick up.
If you do not appear in court as required, a warrant for your arrest may be issued.
Source: Alberta Courts website
Provincial traffic offenses in Alberta are charged pursuant to the Alberta Traffic Safety Act and accompanying regulations. These offenses do not result in a criminal record.
Criminal offenses are charged pursuant to the Canada Criminal Code and may result in a criminal record.
You may pay your ticket in person at the Traffic Counter (Calgary Court Centre, 2nd floor). You may also pay your traffic ticket online. You may negotiate a payment schedule for your bylaw ticket at the Traffic Counter.
Source: City of Calgary
Enter a plea of not guilty at the Traffic Counter (Calgary Courts Centre, 2nd floor) and a trail date will be scheduled. Municipal trials may be booked by sending the signed violation ticket by registered mail to the address on the ticket. The signed ticket must be received on or before the appearance date indicated on the ticket. Note: Keep your post office receipt as proof of mailing. You will then be notified of the trial date by regular mail which will be sent to the address you indicated on the ticket. If you do not receive a notice of the trial date by regular mail, you must contact the Court office by calling toll-free 310-0000 or by contacting www.albertacourts.ab.ca to obtain the trial date. Source: City of Calgary
Persons convicted of violations under the Criminal Code of Canada, the Motor Vehicle Accident Claims Act, or the Traffic Safety Act, involving the operation or control of a motor vehicle may be suspended or disqualified from driving in accordance with limits stated in the Traffic Safety Act. It is unlawful to be in possession of an operator's licence while it is suspended or disqualified. It is a serious offence to drive while unauthorized, punishable by law. See Vehicle Seizures. Only individuals who are in possession of a full, non-GDL drivers licence can apply for a restricted drivers licence due to a demerit suspension. For further details, call the Driver Fitness and Monitoring Branch, toll-free from anywhere in the province, at 310-0000 followed by 780-427-8230 (Edmonton). Source: Service Alberta
Other Resources
Disclaimer: The sites listed below are third party websites. Student Legal Assistance (SLA) has no control over these websites. SLA provides these websites as a convenience only. All information is provided for general knowledge purposes only. The information contained within these links and this website is not meant as a replacement for professional legal advice. If you have a question that requires legal assistance, please contact Student Legal Assistance or consult a lawyer. Traffic
Municipal Bylaws
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