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FAIL STOP FOR SCHOOL BUS-OWNER
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PostPosted: Thu Sep 05, 2013 7:00 pm 
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Joined: Thu Sep 05, 2013 6:50 pm
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I was right behind a school bus that looked like it was pulling over to the side in order to turn down a side street, I saw no lights so decided to go around (wide street). Was still moving as I was passing, then as I did pass I heard horn and looked back and in fact it was pulling over to p/u school kids (was a block away from my son's school, so just assumed it wouldn't be picking up kids...it was a bus for another school as it turned out).

At any rate, received letter of offence in mail (no police, just driver grabbing my licence) stating the $490 fine. Not knowing much about tickets (never got one before) thought I'd try to Early Resolution to get over with. Because I am NOT the registered owner (it's my wife) I needed to bring in a signed letter stating I was the driver, but when I got there the lady told me they couldn't get a deal as fine is as low as can go, and couldn't take off the 6 demerit points as I'm not RO.

I spoke to X-Coppers and lady said because it's 175(20) (Owner), that they can't prove who driver is and all I'd have to pay is the fine and no points, or go into court and fight on my court date.

This conflicts with what the lady at early res told me, so wondering if someone can advise. I'd prefer to fight this, but I'm still not 100% on the law here. If I told them at early res that I was the driver, with letter, isn't that now telling them yes I was the driver (as they can't prove as never pulled over by police) and they can use that in the court date. So, if I pay the fine on my wife's behalf (or have her go in and pay), is it just $490 and no points? If I go and fight, don't they have on file that I admitted to being driver, or is the early res stuff thrown out, and if so should my wife go and say it was her, or can I still go on her behalf, and worse case scenario I'm found guilty and pay fine, or can they now tack on the 6 demerit points. Confused?


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Re: FAIL STOP FOR SCHOOL BUS-OWNER
PostPosted: Fri Sep 06, 2013 10:01 am 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2092
Location: Ontario
I’m a little confused by what the prosecutor told you as well. The paralegal is correct in that the section your wife was charged under carries no demerit points (subsections 19 & 20). Demerit points only apply when you’re charged as the driver (subsections 11 & 12).


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Re: FAIL STOP FOR SCHOOL BUS-OWNER
PostPosted: Thu Oct 31, 2013 1:10 pm 
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Joined: Thu Sep 05, 2013 6:50 pm
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Much appreciate the response! Tomorrow is my big day, here's hoping the judge sees things my way.


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Re: FAIL STOP FOR SCHOOL BUS-OWNER
PostPosted: Thu Oct 31, 2013 1:30 pm 
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Joined: Mon Mar 04, 2013 10:59 pm
Posts: 56
Forget above deals, according to what you said, you did nothing wrong. Did they school bus have it's flashing lights and stop arm out? If not you didn't violate the law. Go to trial and testify what happened and the justice should find you not guilty. The crown also needs to produce the bus driver as a witness and I doubt they will show up anyways.


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Re: FAIL STOP FOR SCHOOL BUS-OWNER
PostPosted: Thu Oct 31, 2013 8:55 pm 
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Joined: Thu Aug 27, 2009 10:06 pm
Posts: 346
Does not have to have the arms out. One the flashing lights.

the arms are extra safety only.

OPS


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Re: FAIL STOP FOR SCHOOL BUS-OWNER
PostPosted: Sat Nov 02, 2013 8:29 pm 
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Joined: Mon Mar 04, 2013 10:59 pm
Posts: 56
well the question is were the red lights flashing? it's the bus driver's word against the op's word in court, that's if he even shows up.


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Re: FAIL STOP FOR SCHOOL BUS-OWNER
PostPosted: Tue Aug 12, 2014 3:56 pm 
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Joined: Mon Aug 11, 2014 5:47 pm
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hello i just want to ask what happen to your case...? do you get points? i just had experience it yesterday,, i was at front of the school bus, the driver honk me and i stop, i realized it was a school bus, to much in my mind that day, so i lost focus,, the driver took picture of my plate and me i guess,, i just want to ask how does the x-copper help you, im the owner of the vehicle,,and i really feel so guilty for what happen, i say sorry but the driver keep on shouting at me... he said he will report me to the police...huhuhuhu so scared,,,


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Re: FAIL STOP FOR SCHOOL BUS-OWNER
PostPosted: Thu Aug 14, 2014 3:59 pm 
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As a Bus Driver myself, you are supposed to stop when Lights' Flashing, some people will tell you that the STOP arm has to be out, NO. Once you go past that bus, regardless of who the owner of the vehicle is (explain in a bit) It is quite obvious that the Bus Operator is going to STOP, so do just that STOP!!
the Driver gets your Plate Number, whether you are aware or not. Once this license is sent in to the Ministry a Conviction Letter will be sent to whoever the owner
is, carrying with it a fine of up to $2,000.00 and 6pts. off of your license and a Court Date set.
So now back to regardless of Owner. Years ago the Bus Operator had to pick this Driver out in Court. After say 6wks. goes by are you going to remember that face? Now they have it set that all the Operator needs is your Plate Number, regardless of who the owner is and guess what? You get nailed!!
I do not drive anymore as I retired but.....as a Bus Operator, one who is to be checking mirror's etc. should see a vehicle behind them that is obviously unaware that they had to stop b/c the lights' were flashing but the STOP SIGN was not out. When I was driving, as I said we have to check our mirrors' for the childrens' safety, the Driver not having the STOP ARM out either did not check her/his mirror's or perhaps assumed that you would get by b4 the STOP ARM came out.
Some drivers' will also pull over to let vehicles' go by prior to them going back on the road for their STOP. Many times' I would get a transport truck behind me and much b4 my stop I would put my emergency lights' on letting that driver know that "yes" I was stopping ahead. Which gave him/her time to slow down. If I had many vehicles behind me I again would put my emergency lights' on and then pull over. Not every driver does this however I always felt that if I was courteous enough, in turn they would be as well. Again, I cant' speak for either one of you b/c I was not there. The only thing I will say is that if you see lights' flashing "PLEASE STAY BEHIND"


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