Commercial vehicle??

400cobby
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Commercial vehicle??

Unread post by 400cobby on

Not sure if this is the right section to post. Yesterday I was driving home from a local dragstrip and was pulled over by OPP on the hwy 401. I was driving my 2006 dodge 2500 diesel truck pulling a 28 foot enclosed car trailer containing my race car and golf cart. I received Operate Vehicle-Fail to display device for the truck and one for the trailer at 240 each. I also received Drive motor vehicle- Not in accordance with permit limitations. As far as I'm concerned this is NOT a commercial vehicle it is a hobby trailer I use for my hobby. This is the first time it has been out this year and the last after this. It as well as my truck are meticulously maintained. Before I left for home sunday I did the circle check I always do to ensure mine and others safety. If I understand correctly if this trailer was towed by a RV I could tow whatever I want with no worries. I just cant grasp how a truck designed and rated and properly setup to tow this load is not good enough. Yet a busted old motor home (RV) with horrible brakes and roten tires can do what ever they want ( if i understand right). Also how is this trailer not a RV, I sleep, cook, and live in it while at the track.
The total was 650

Any advice is appreciated.


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Decatur
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Unread post by Decatur on

One of our most trusted and regular posters has written an article about the requirements for an annual inspection:http://www.simonborys.ca/2012/02/when-d ... nspection/
It also doesn't matter whether the vehicle/trailer is used for commercial purposes or not. A good example is the dual wheel pickup that many people simply like to drive. They all require and annual inspection even if it's for private use.


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Unread post by 400cobby on

Ok. Thanks. This would classify me as commercial,

4) Where the actual weight of the truck plus the corresponding actual weight of the trailer or converter dolly it is pulling combine to exceed 4,500 kg, both the truck and the trailer require an annual inspection.

But then it goes on to say mobile home exempt, which this is to me. So I'm confused.
Thanks.


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Decatur
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Unread post by Decatur on

A mobile home is propelled under its own power.


400cobby
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Unread post by 400cobby on

Ok I was under the understanding even large RV trailers were exempt. I guess it would be easier to understand if it actually had some something to do with safety instead of everything to do with money. At this point I'm thinking I'll just pay the fines and get rid of the trailer.
Thanks for your help.


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Simon Borys
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Unread post by Simon Borys on

Mobile homes do have certain exceptions within the commercial vehicle scheme. For example,
s. 16(1)(a) - it is not a CMV for the purposes of s. 16 and s. 17-23.1
O/Reg 199/07 s. 1(1)(b) - s. 107 of the HTA does not apply to mobile homes, etc
O/Reg 611 - certain annual inspection provisions don't apply
etc, etc

I'm sure there is (or was at some point) some rationale for this, but I certainly understand your point that it is unfair that those vehicles don't need to comply with all the CMV regulations while other smaller vehicles like certain pickup trucks do.

If you wanted to argue that your trailer is in face a mobile home you'd have to look up the definition in the appropriate act or regulation and see if it matches.

For example:
HTA - “mobile home” means a vehicle, other than a motor vehicle, that is designed and used as a residence or working accommodation unit and exceeds 2.6 metres in width or eleven metres in length
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


400cobby
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Unread post by 400cobby on

HTA - “mobile home” means a vehicle, other than a motor vehicle, that is designed and used as a residence or working accommodation unit and exceeds 2.6 metres in width or eleven metres in length.

Thanks.
First off looking up the word "vehicle" a towed item is a " vehicle".

Second "Working accommodations" Does this simply mean a work bench? This trailer came outfitted with a bench from the factory and has a permanently installed tool box.


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Simon Borys
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Unread post by Simon Borys on

I'm not sure if there's a clear answer to that. It probably discussed in case law somewhere. If not, you would have to try to convince the JP that you fall within that definition.




http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


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