Compulsory Automobile Insurance Act 3 (1)

arnoldstheman
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Compulsory Automobile Insurance Act 3 (1)

Unread post by arnoldstheman on

According to this section...

Operator to carry insurance card
3. (1) An operator of a motor vehicle on a highway shall have in the motor vehicle at all times,
(a) an insurance card for the motor vehicle; or
(b) an insurance card evidencing that the operator is insured under a contract of automobile insurance,
and the operator shall surrender the insurance card for reasonable inspection upon the demand of a police officer. R.S.O. 1990, c. C.25, s. 3 (1).

Therefore, if I was to provide a police officer with a valid insurance slip for a vehicle other than the one I was pulled over in, would this satisfy 3(1)(b)?


Stanton
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Unread post by Stanton on

arnoldstheman wrote:Therefore, if I was to provide a police officer with a valid insurance slip for a vehicle other than the one I was pulled over in, would this satisfy 3(1)(b)?
Does the policy have your name on it? Showing you're insured should be sufficient.


ynotp
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Unread post by ynotp on

Having a slip for a different car even with your name on it does not mean you may be insured in the vehicle you are currently driving and should not be accepted as proof of insurance. Some policies cover you for a period when you buy a vehicle. You should have that policy with you to show the officer.
If the slip says the driver (operator) is covered in any vehicle they drive then you are fine (mostly used in fleet, farm and commercial).


arnoldstheman
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Unread post by arnoldstheman on

Yes, my name and address are on the slip and it is not expired.

ynotp, what you are talking about I believe would apply if the officer was giving me a ticket for failure to have insurance, if the car I was driving was not insured, that would be the appropriate ticket. However, the ticket i received is not for driving without insurance, it is failure to carry insurance card.....according to section 3 (b) it seems I did in fact satisfy this requirement?

The officer at the scene told me "I do not know if your car is insured", he made it seem like he gave me a break by giving me this ticket instead. While that's fine, in court, I only have to defend the ticket I received, which was not for driving without insurance, it was for failure to produce insurance slip, however, I did provide a legal and valid slip.

Am I wrong?


arnoldstheman
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Unread post by arnoldstheman on

FYI...my vehicle is insured under a policy of automobile insurance....


ynotp
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Unread post by ynotp on

If you believe that you had better fund some precidents to back you up your reading if the legislation.


Limivi
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Unread post by Limivi on

Arnoldstheman, what was your outcome?


arnoldstheman
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Unread post by arnoldstheman on

Met with a different prosecutor. Explained the situation to him and said if the charge is not withdrawn I am prepared to file for an 11 (b). He withdrew the charge :)


CumminsDiesel
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Unread post by CumminsDiesel on

arnoldstheman wrote:Met with a different prosecutor. Explained the situation to him and said if the charge is not withdrawn I am prepared to file for an 11 (b). He withdrew the charge :)

Way to go !


Seiba
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Unread post by Seiba on

If you're listed on a policy with the endorsement for non-owned vehicles then you have coverage for other vehicles. This is you specifically, it does not transfer to anyone else like liability coverage does for an insured vehicle you are lending out.






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