I was driving in Innisfil a few days ago and was pulled over by the opp. The car i was driving had my yellow service plate on it, i presented the officer the permit for the plate, the insurance slip for the plate, and my drivers licence, everything was up to date. The car is not in my name and i did not have the ownership with me. I was given a ticket for failure to surrender permit for motorvehicle 7(5) (a). The officer also informed me that if he saw me with the plate on that vehical again he would seize the plate and charge me,(with what I have no idea?) Does any of this sound right?
Service plate trouble
Re: Service plate trouble
Improper use of number plate / use plate not authorized for vehicle....something in that area...without looking it up.
*************************************************
HTA OREG 628
13.1 (1) Upon filing satisfactory evidence as to the need for it, a Service permit and number plate may be issued to a person engaged in the business of repairing, customizing, modifying or transporting trailers or motor vehicles other than motorcycles and motor assisted bicycles or to a person engaged in the business of manufacturing or selling trailers. O. Reg. 367/04, s. 3 (1).
(2) A Service number plate may be used on a trailer or motor vehicle other than a motorcycle or motor assisted bicycle only,
(a) for purposes related to the repair, road testing, customization or modification of the vehicle, if the vehicle is in the possession of the person to whom the Service permit corresponding to the Service number plate is issued; (OWNERSHIP changed over)
(b) for the purpose of transporting the vehicle by a person engaged in the business of transporting vehicles;
(c) for purposes related to the manufacture or sale of a trailer; or
(d) for the purpose of towing the vehicle by a person engaged in the business of transporting vehicles,
(i) to a location where its load will be removed as required by section 82.1 of the Act, or
(ii) to an impound facility pursuant to subsection 82.1 (19) of the Act. O. Reg. 367/04, s. 3 (1).
(3) A Service number plate may be used only on a commercial motor vehicle owned by or in the possession of the person to whom the Service permit corresponding to the Service number plate is issued and only,
(a) for purposes related to the repair, road testing, customization or modification of the commercial motor vehicle; or
(b) in the case of a person engaged in the business of transporting commercial motor vehicles, for purposes of transporting the commercial motor vehicle. O. Reg. 367/04, s. 3 (1).
(4) A Service number plate shall not be used on a vehicle, including a commercial motor vehicle, that is kept for private use or for hire. O. Reg. 367/04, s. 3 (1).
(5) Except as permitted by subclause (2) (d) (i), a Service number plate shall not be used on a commercial motor vehicle or trailer that is loaded with goods
**********************
Out of all that...can not use a service plate for private use of the vehicle, registration/ownership of the vehicle has to have the same registered name to the service plate. If it's a commercial vehicle it can NOT have a load of any kind.
Re: Service plate trouble
A Service number plate may be used on a trailer or motor vehicle other than a motorcycle or motor assisted bicycle only,
(a) for purposes related to the repair, road testing, customization or modification of the vehicle, if the vehicle is in the possession of the person to whom the Service permit corresponding to the Service number plate is issued; (OWNERSHIP changed over)
It seems to me that according to the above rule i was issued the ticket incorrectly since the officer was presented with a valid service permit and since the officer would not have had first hand knowlege as to the reasons for the vehical being tested, seizing the plates would be a violation of my rights. I would like file a formal complaint against the officer. What do you think of that.
Re: Service plate trouble
You might have misinterpreted the section?
When stopped you would have to produce:
- driver's licence
- valid proof of insurance
- permit "plate portion" (this will correspond with the service plate)
- permit "vehicle portion" (this will correspond with the vehicle)
The permit "vehicle portion" registrant and the permit "plate portion" registrant have to be identical.
If it can be determined by the officer that the plates are being used unlawfully they can be seized.
Service Plate Holder?
A Dealer Plate/Permit can only be used on a vehicle that is part of the dealer's inventory (therefore owned by the dealer).
A Service Plate can be used on any vehicle within the class specified in the regulations and not just the plate/permit holder's inventory.
A Service Plate is not supposed to be used on a private vehicle, except in accordance with the regulations. Clearly a person may service his or her own private vehicle and not just vehicles belonging to others. So if the vehicle is not otherwise plated it's ok to use it to test drive, transport etc.
The discretion to use the Service Plate falls under the control of the plate/permit holder. Contrary to popular belief (led by ignorance) the police cannot second-guess the service plate holder.
A peace officer cannot pull you over and say....what are you doing with that service plate...well I don't agree with you...I think you're using it for some other reason....here's a ticket. If he or she is dimwitted enough to do that...sooner or later the officer will end up in a malicious prosecution civil action for commencing a prosecution without probable cause and out of malice or some clearly improper purpose.
Notwithstanding, in the example given above - the failure to produce the vehicle's ownership is an offence that has nothing to do with the use of the Service Plate...so the ticket appears to be proper.
Re: Service plate trouble
I really dont understand this rule where service plate cant be used for private use, there is insurance payed every year on it , its just isnt right , all the people i know use it for private use , thats how it should be , i dont really see what cops can do to you.
Re: Service Plate Holder?
Legaleaze wrote:
A Service Plate can be used on any vehicle within the class specified in the regulations and not just the plate/permit holder's inventory..
Still must be owned by the person who owns the service plate.....
HTA OREG 628
13.1 (2) A Service number plate may be used on a trailer or motor vehicle other than a motorcycle or motor assisted bicycle only,
(a) for purposes related to the repair, road testing, customization or modification of the vehicle, if the vehicle is in the possession of the person to whom the Service permit corresponding to the Service number plate is issued;
************
13.1(4) A Service number plate shall not be used on a vehicle, including a commercial motor vehicle, that is kept for private use or for hire
Re: Service plate trouble
Fast wrote:
I really dont understand this rule where service plate cant be used for private use, there is insurance payed every year on it , its just isnt right , all the people i know use it for private use , thats how it should be , i dont really see what cops can do to you.
A service plate is just that....to obtain service on a vehicle. So a business that owns many vehicles does not have to physically register plates to each car to legally take them on the road to test them. The business just has to own the vehicle and can put the business "service plate" on it.
The insurance most likely covers the business for what it does.... selling/servicing vehicles, not personal use? Opposite of personal vehicles where we sign stating our own vehicle won't be used for business use.
What can be done for those that do not comply can be a variety of things, pending the situation...
- use plate not authorized for vehicle
- use plate not in accordance with Act
- use plate not in accordance with Regulations
- permit use of plate not in accordance with Act
- permit use of plate not in accordance with Regulations
All above are arrestable offences HTA 217(2)
Vehicle can be held until the dispostion of the case HTA 217(4)
Fines from $140 - $1000, imprisonment for up to 30 days, licence suspension up to 6 months
Re: Service plate trouble
There are yellow and black plates and red and white plates. What's the difference. Do they both fall under the same regulations?
Re: Service plate trouble
cruzmisl wrote:
There are yellow and black plates and red and white plates. What's the difference. Do they both fall under the same regulations?
Dealer plate = white with red letters
Service plate = yellow with black letters
All plates/permits fall under OREG 628
Re: Service plate trouble
For those of you who are late to this topic, like myself, I believe the information above may have been incorrectly interpreted. Particularly this, in regards to SERVICE PLATES (yellow plates):
(2) A Service number plate may be used ...
(a) for purposes related to the repair, road testing, customization or modification of the vehicle, if the vehicle is in the possession of the person to whom the Service permit corresponding to the Service number plate is issued; *(OWNERSHIP changed over)*
The meaning of the word "possession" does NOT mean change of ownership of the vehicle. It should be taken as simple possession. For example, a mechanic may be road testing a vehicle for his client in order to provide him with a Safety certificate before the client can register the vehicle as road-safe. It's clear that the mechanic whom the service plate was issued to (or his employees) would not have to change the ownership of the client's vehicle to his own name. By the mechanic taking the vehicle for road-testing by the consent of the client, that would constitute possession.
Re: Service plate trouble
scenario - friend of mine had a late 90's car and said he needed to drive it around a bit in order for it to pass the e-test. He had a buddy who is a mechanic and let him put a service plate on his car to drive it around. Plate registered to mechanic's business but the vehicle registered to my friend. Would this be allowed or is this using the plate not in accordance with the act?
Re: Service plate trouble
I would say NO it is not allowed because the vehicle is NOT in the possession of the person to whom the Service permit corresponding to the Service number plate was issued.
The mechanic or one of the mechanics employees can drive the vehicle around with the service plate, but the owner of the vehicle can NOT drive it around with the service plate.
Similar Topics
-
-
- How much trouble am i in?
- Posted in General Talk
- By Unreachable on
- Replies: 11
-
-
-
- Trouble Parking
- Posted in Failing to remain at the scene of a collision
- By amcamx on
- Replies: 3
-
-
-
- please help, in so much trouble =(
- Posted in Driving While Suspended
- By kr97 on
- Replies: 4
-
-
-
- Ticket in Gatineau for expired Ontatio plate -service date?
- Posted in Traffic Offences Outside Ontario
- By ottdriver22 on
- Replies: 7
-
-
-
- Service Plate Use
- Posted in Police Cruisers and Vehicles
- By JBoston on
- Replies: 5
-
-
-
- Service Plate Use
- Posted in General Talk
- By JBoston on
- Replies: 1
-
-
-
-
-
- Service of notice Section 97
- Posted in PART 6: Equipment
- By admin on
-
-
-
- New "Taxi" Service in Halton
- Posted in General Talk
- By FiReSTaRT on
- Replies: 29
-
-
-
- Out of Service Flag on a Police cruiser
- Posted in General Talk
- By royal123 on
- Replies: 7
-
-
-
- 40 over in 100 km/h zone - looking for Paralegal Service
- Posted in Exceeding the speed limit by 30 to 49 km/h
- By fieheadzz on
- Replies: 1
-
-
-
- Toronto Fire Service driving to a call
- Posted in General Talk
- By Radar Identified on
- Replies: 3
-
-
-
-
- Service Center Negligence? Section 88-100
- Posted in General Talk
- By zixiao on
- Replies: 5
-
-
-
- Probation/community service for speeding 50+ over
- Posted in Exceeding the speed limit by 50 km/h or more
- By HTARep on
- Replies: 1
-
-
-
- ON H.T.A 182(2).No trucks. Dixie road S/B at s. service road
- Posted in Failing to obey signs
- By The Trucker on
- Replies: 29
-
-
-
- Me vs. Toronto Police Service Parking Enforcement
- Posted in General Talk
- By journeyfromhere on
- Replies: 1
-
-
-
-
- Used a file ticket service - received a fine in the mail
- Posted in Courts and Procedure
- By method76 on
- Replies: 3
-
Featured Topics
Summons for HTA 82 (9)
Hi so I have a bizzare situation. Today I received a summons for "being the owner of a motor vehicle bearing Vehicle Identification Number ###, failed to submit the vehicle, equipment or drawn vehicle for inspection or tests as required by an officer" for a vehicle I previously owned. Apparently a violation of HTA 82(9).
The date of offense is June 15, the summons was issued on October 26th and I…
Too many points all of a sudden
I'm in a bit of a pickle and hope you generous folks don't mind shedding some light
on my situation.
I have an Ontario driver's license . I've recently received a rash of
tickets 4 of them over the last 12 months or so.
If my trials don't go well I could end up with a suspended license. My
trials are scheduled in a 3 months. I'm moving to PEI in about 2
weeks. As of right now my record shows 0…
Improper left turn
Hi, I need some help for the ticket of lmproper left turn.
When i drove my car from east to west, intending to make a left turn and stop in front of stop line. There was a car in front of me, which has turn on yellow light. The light was turning red and then I thought I cannot leave in the intersection and turned, an incoming car was runing the light and hit me. No one got hurt but both cars had…
Manual for Genesis VP Directional?
Have a ticket in which the radar used was a Genesis VP Directional. I had downloaded the manual for a Genesis VP but I now realize that the unit is not the same so it is the wrong manual. My trial is very soon so I do not have time to ask for disclosure of the manual.
Does anyone have access to an electronic version of the manual for Genesis VP Directional?
I want to see if it specifies a tuning…
Speeding ticket
Hey Guys, I need some help regarding an issue.
I was pulled over today in the city of Oakville for going 75 in a 40 zone. However, I am 100 percent certain that I was going only 50 in the 40 zone. When I was pulled over, I was driving my Dad's car which I felt was the reason I was getting stopped since two teenagers driving a 2013 S Class. He asked does I know why I am being pulled over and I…
Tickets and filing 11b
hello guys,
I really need help on fighting my 9 tickets i received from one police officer. Here is some background of what happened!
I was caught speeding 66km on a 40km (school zone) on January 29, 2010. I was driving my friend's car and turns out she didnt renew the validation on the vehicle and didnt leave the up to date insurance paper on the car.
After waiting almost 40 mins in my car i…
Accident reports with no damage/payout - insurance effect?
Hey question that I think here's probably the best place to get the answer:
I was charged with a careless driving offence in oct, trail in early april, so as of right now my insurance record is 100% clean... except the officer did file an accident report at the scene where I was classified at fault due to it being PI (although very minor). The person I hit did not sue etc, so the insurance company…
Failed to stop for school bus
Very much unintentionally passed a stopped bus, with sign and flashing lights. Didn't realize I had done it until I was at the end of the bus. I'll save you my sob story, but it was truly accidental. I'm generally very cautious and have a perfect driving record. Never been stopped.
While I realize if a cop had seen me that I would have gotten a ticket, there were none in sight. Though I may very…
Officer forgot to sign the ticket.
I was recently pulled over for running a red and I wasnt able to find my wallet in the car at the time to hand over my license. I had a passport in the vehicle that he used. The wallet was in the vehicle, it just fell through the seats. (Tough to find a black leather wallet in a black/black leather truck at night).
The officer still wrote the tickets for both he signed the one ticket (failure to…
110 in a 80km while passing?
I was passing a vehicle that was going slow for me and there was an oncoming vehicle coming at me. I speed up to get around the person I was passing and the oncoming vehicle turns out to be a cop who turns around and tickets me for going 110km in a 80km zone. How does it work with passing a vehicle? Once I passed the vehicle I went back down to my original speed of just under 100. The officer…
Antique Radar Detector...
I picked up a brand new (old stock) Fuzzbuster a while ago at auction (wopping $5!!) and I want to mount it on the dash of my old GTO as a cool accessory when I show it at car shows. But I'm not sure if it's legal or not.
Here's my thoughts:
- It is early 70's technology (x-band) so it won't detect modern police radar. That's assuming no police force uses the old x-band frequency.
- Though it is…
S.128 and S.172(1) and s.130 and s.8(1) - is possible all to
Is it possible that one be charged with s.128 and s.172(1) and s.130 and s.8(1) under Reg. 678/90 at the same time?
There were no deviced used to register speed.
It's claimed that I drove 140km/h in the area of 60km/h, which wasn't true. I was speeding, no not anywhere close to this speed (max 100km.h).
How best to defend it?
I was offered to plea guilty to stunt driving with minimu fine, no…
First ticket, reduced to 115 in 100 zone
Hi guys, I'm still a little in shock of getting my first traffic ticket...
On Monday afternoon, I was returning from Toronto to Ottawa on HW416, I was driving about 15 over 100 like always. Then a car came very close to me on the left lane and made me nervous, I speed up unintentionally to pass the car and change lane, but while doing that a police car pull out of the median. He was hiding in…
Transport Trucks limited to 105 km/h?
May i ask this question regarding transport trucks limited to 105 km/h. Moving road blocks or safety?
IMO it isnt speed that kills. I find transport trucks infact help keep the road going. With cars that choose to not move to the right and slow down the middle lane the trucks would try to pass in their passing lane therefore the slower traffic would move right.
Putting the trucks down more is just…
Notified of motion to adjourn
Hello,
Received a notice from the police that a motion is being put forward to adjourn upcoming trial date. Notice indicates that an officer has sworn an affidavit that the crucial witness cannot attend date trial is set for (we know there is a social engagement at 7:30 pm for the witness, trial time is 1:30 pm). This further delay is a big problem to my daughter's case. She is moving away to…
Failing to move to the right for emergency vehicle
Hi all,
This is what happened. I was travelling west on a four lane city street that was very light with traffic. I was making a left hand turn into a wide driveway of a business. There was traffic lights about 100 yards past the driveway and were red for the east-west traffic. I was in the left lane with my signal on and there was no oncoming traffic due to the red light. I was slowed right down…
[Ont]Got a ticket for 13(2) obstructing plate, need help
I was driving my families older car and got pulled over, and the police officer informed me my plate was dirty. He issued me a ticket of $110 for the 13(2) act and obstruct plate as the offense. He informed me that such a plate could be used to avoid red lights as well as 407 tolls, also that buying a new plate can help to lower the ticket if I fight the charge, and that he also took a picture…
Red light camera ticket. Moving for emergency vehicle
Hello,
I received a red light camera ticket. In the picture, you see an ambulance in front of me with flashing lights. I had moved to alleviate the traffic behind me for the emergency vehicles coming behind it.
Is this a possible defense, if so, does anyone know any good case law to justify this position?
Thank you
J
151Km/hr in Montreal - Ontario Resident
what happens if they charge someone for driving at 151Km/hr in montreal and they put for trial, appear after some months and sadly lost the trial ?
In montreal its $300 fine and 5demerit points ...
I heard Ontario and Qubec share the information. So once the trial is over ( and when the file moved to ontario) will his car gets towed and licence get suspended for 7days (later to 30 days ) ? and he…
A question about disclosure
I got a notice in the mail that trial is set four weeks from today, so it's time to request disclosure. I have zero chance of getting an 11b since trial is less than two months after the offense date and the officer did not reduce the charge. I really want to try and create delays on the trial, to reduce the chance of the officer showing up on multiple occasions. Is there any known loop-holes…
Fail to obey stop sign sec. 136(1)(a)
This weekend my father was involved in an accident with a transit bus in Burlington, ON. After the police showed up he was charged with "Fail to obey stop sign" Sec. 136(1)(a). At this particular intersection there NO stop signs but there are traffic lights. There is construction going on there so one of the light posts is smaller.
Driving conditions were terribly wet and visibility was low.…
Consequential Curiosity...
So my boyfriend and I recently started dating. I have a vehicle that was insured. Insurance cost too much and I found it was just as easy to walk to work due to how close it was. But I didn't want to get rid of my car just yet, plus I'm still making payments on it as well. When we moved into our appartment together, I had it towed to my parking spot out back.
Due to a lack of communication, my…
I was involved in a major accident and i don't know if I will be charged or not.
I was making a left hand legal turn on a green light, a driver came through the lane I was supposed to be going into ran the red and hit me head on as I was turning into my lane. When the officer came he was telling me that I was racing and driving recklessly because apparently there was reports of street racing in the area. I was not charged on the scene for this but I'm scared i am going to be…
Failure to surrender insurance
I got a ticket for failure to surrender insurance because I did not have my new insurance stubs with me, just a bunch of expired ones. My policy number has not changed, so I asked the officer to just run the policy number so I could prove that I was in fact insured. He said they don't have that ability, handed me the ticket and reminded me that my car could have been impounded.
Do police really…
G2, 1 month from full G test, 49 over. Clarification?
So I'm in a bit of a pickle and would appreciate if someone could clarify something for me.
I'm less than a month away (test on April 6th) from getting my full G license, and got a speeding ticket recently. The ticket was for 49km/h over the posted limit of 100km/h on the 403 in Oakville/Halton region, but was reduced from the initial ~60km/h over.
I have no problem paying the fine and accepting…