Here's something I always wondered about: I know a commercial truck in most instances is one above 4500 kg but that does not necessarily mean it's a heavy because you can drive any truck up to 11000 kg with a G license. The question is how is a HEAVY truck defined in relation to a posted NO HEAVY TRUCKS sign on certain streets? Does it only refer to trucks with a Gross registered or actual weight of over 11,000 kg that would require a D license? Or is it subjective? On streets with a NO TRUCKS sign are there statutory exemptions other than for emergency vehicles or is this a matter or reasonable discretion?
Here's something I always wondered about:
I know a commercial truck in most instances is one above 4500 kg but that does not necessarily mean it's a heavy because you can drive any truck up to 11000 kg with a G license.
The question is how is a HEAVY truck defined in relation to a posted NO HEAVY TRUCKS sign on certain streets? Does it only refer to trucks with a Gross registered or actual weight of over 11,000 kg that would require a D license? Or is it subjective?
On streets with a NO TRUCKS sign are there statutory exemptions other than for emergency vehicles or is this a matter or reasonable discretion?
I'm also interested in this, because I've seen what appears to be heavy trucks even dump trucks do U-Turns when they approach 'No Trucks Sign'. I've also seen them pull over with their hazard lights and simulate fake breakdowns as soon as they see police officers. But I've never seen our local police stop these trucks for disobeying the sign.
I'm also interested in this, because I've seen what appears to be heavy trucks even dump trucks do U-Turns when they approach 'No Trucks Sign'. I've also seen them pull over with their hazard lights and simulate fake breakdowns as soon as they see police officers. But I've never seen our local police stop these trucks for disobeying the sign.
The bottom line is that there is no definition of "heavy truck" in the HTA. It all depends on what the JP chooses to accept as meeting the definition. On appeal, the court accepted this position in the Boyd decision.. While in that case there WAS a by-law in existence that defined 'heavy truck', I believe the court's justification was wrong. Where there is no by-law in existence, then there is no definition of the term that applies. Accordingly, a prima facie case simply can't be made out and must fail! Besides, if trial courts can simply draw upon their common sense to 'read' in a definition then it creates ambiguity at law since you could have different definitions applying! Any doubt or ambiguity should always go in the favour of the defendant as per the rules of statutory interpretation. The legislature should simply have defined the term. That's why I suspect the Court of Appeal would likely reverse the Boyd decision if it was appealed further.
The bottom line is that there is no definition of "heavy truck" in the HTA. It all depends on what the JP chooses to accept as meeting the definition. On appeal, the court accepted this position in the Boyd decision..
While in that case there WAS a by-law in existence that defined 'heavy truck', I believe the court's justification was wrong. Where there is no by-law in existence, then there is no definition of the term that applies. Accordingly, a prima facie case simply can't be made out and must fail! Besides, if trial courts can simply draw upon their common sense to 'read'
in a definition then it creates ambiguity at law since you could have different definitions applying! Any doubt or ambiguity should always go in the favour of the defendant as per the rules of statutory interpretation. The legislature should simply have defined the term. That's why I suspect the Court of Appeal would likely reverse the Boyd decision if it was appealed further.
Super interesting (for me anyway) it's not too often you see a major hole in the law like this. So in theory anyone facing this charge should be able to successfully appeal if convicted even if they were driving a truck that requires a heavy truck license.
Super interesting (for me anyway) it's not too often you see a major hole in the law like this. So in theory anyone facing this charge should be able to successfully appeal if convicted even if they were driving a truck that requires a heavy truck license.
The fine is not the issue but I am worried about insurance rates. First speeding ticket in my life Any suggestions on how to handle this? I can't afford to spend a day at the court
So was at court today in Orillia for a friend, and I had submitted a couple notice of motion a couple weeks ago that I wanted to deal with before arraignment. I met with prosecutor before hand, and it went something like this:
Prosecutor: "Do you have the case law?"
Me: "What do you mean?"
Prosecutor: "Do you have the case law for your motion?"
Me: "All the case law is quoted in the motion that I…
1)failure to change address on license (i got married a couple of months earlier and moved)
2) license plate not fully visible
I got pulled over because I had 2 letters peeling off my license plate. I know ignorance isn't a defense, but I really had no idea that this was an issue. Plus, you see many cars on the road with peeling plates. I got both tickets and…
I was driving around 140km/h on a 100km/h posted on the highway. I was in the fast lane. The officer was very nice and reduced it to no points and just 15km/h over.
I only have my G2.
1. Will this affect me taking the G test next month?
2. I am very grateful for the officer lowering the ticket... should I just pay the 52.5$ and leave it as is.. I am a secondary driver under my dads name and we have…
Hi, thanks in advance for the help. Been driving for 10 years, clean record until today when I got slapped with two tickets. First: going 135 at 100 on the 401, second: not having a valid sticker (I recently moved and completely forgot about it)
My friend tells me I should fight the speed ticket, if anything to reduce the fine and points. Would be alot of help if anyone could walk me through…
My wife, who has never had a traffic ticket in her life, just got 11 points.
Two tickets: "following too closely" and "failure to stop"
She was on a residential street and was behind a car at a crosswalk waiting for a pedestrian. Pedestrian crossed, they continued. Cop was drivig towards them down a side street , and as they passed he went after my wife.
I was driving in mid lane and was following a line of cars around speed limit.
The vehicle in front of me was large and I decided to change to the left lane to get better line sight.
As soon as I entered the left lane, I saw the car in front of me approximately 200m away stopped dead (for some odd reason, there was more traffic on the left lane).
Over the last few months I have received several parking tickets from the City of Kitchener. I haven't paid any of them and have attempted to dicuss the situation with the parking authority of the City, however, they're very unreceptive and defensive.
I work at a downtown construction site....ironically a Court House. The site takes up a whole city block, of which ONE side has 2 hour parking…
I was driving on a teusday night in the rain and fog at whites and highview by St. Mary CSS in Pickering, ON. At the time I was waiting at a red light to make a left north onto whites. There was also a car on the opposite side of the intersection making a left. The cars beams were pointed almost directly at my face and as a result, with the combination of the rain and fog, I…
I am new to this website and this is my first post so please forgive me if I've put this question in the wrong place. Please bear with me until I learn the ropes a bit.
So here are my questions:
Antique cars and hot rods (1930's- early '60's) and seat belt use in Ontario. If these vehicles never came from the respective factories with any seat belts, do they have to be retrofitted ?
OK so Jshreck has been taking some heat for the concept of providing the DL as being not required and therefore inadmissable in court. Personally, I think that argument would fall on deaf ears in the lower court and any chance at victory would have to be in the highest court. That would be quite something. When pigs fly I think, but along that line of thought, allow me to continue.......
I have a court date soon and am wondering whether the officers just read off their disclosure notes when interrogated.
Basically, according to the disclosure notes and the said distances and speeds quoted, by doing some simple math it just doesn't add up. My concern is whether the officer can change his story when on the stand after maybe realizing this?
Last week I was driving home from college in the sauga area. I drive a 1995 Chevy Monte Carlo v6 which I've owned since 2000, I really haven't done anything to the car except tinted windows (not completely darken) and some rims, and Nothing Engine wise. Anyway I look in my rear view mirror and out of no where i see cherry flashing. When pulled over the officer asked do you…
I was charged 2 days ago with RED LIGHT - FAIL TO STOP and set fined $150 and I guess 3 points. I was driving turning left on the intersection with a traffic light, and when I jst about to turn left the light turned to orange and I didn't have enough time to stop. Once I turned I saw the light turned to red and 2seconds later I saw a police beacon flashing through my rear-view mirror. It…
I figured pleading not guilty is the same as saying it was signed which is stupid. A friend of mine told me I could plead guilty with explanation and try to get the fine reduced when I come in.
So this Friday I was stopped by a local officer for going 110 in a 80zone. He also claims I was going 105 in a 50zone,which we literally passed when he stopped me as I was braking. It has been 3 days already and I can't seem to locate my ticket on their Internet site "pay ticket". Is there a way to determine if he has filed for certificate of offence to the courts? It has been 3 days I presume…
My trial date is in a couple days for a speeding ticket (york region) and i am nervous it is my first ticket ever as well as first trial
I did notice my ticket was filed beyond 7 days, 10 days after the day i got the ticket to be exact, which is stamped on the ticket. is this enough to have it dismissed?
If you look close enough, beside the drivers' side "A" pillar you will see a white circle = front antenna of Genesis radar......plus look above the dash pad...there is the Spectre RDD.
Any suggestions on how to handle this? I can't afford to spend a day at the court 
