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Ontario Highway Traffic Act

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Unknowiingly driving uninsured
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PostPosted: Mon Oct 12, 2009 6:28 pm 
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Joined: Mon Oct 12, 2009 6:06 pm
Posts: 2
Was pulled over by OPP and found out my insurance had been cancelled for non payment,,,,How screwed am I or can this be beaten or reduced?Any input would be greatly appreciated


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PostPosted: Tue Oct 13, 2009 6:30 pm 
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VIP
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Joined: Wed Nov 14, 2007 8:27 pm
Posts: 959
Location: Guelph, Ontario
That's pretty bad charge. It is these charges that skyrocket your future insurance rates, having your insurance canceled on the side. Any charge can be beaten. Post more details? Did the insurance company send you a notice that you were canceled?

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"The more laws, the less justice" - Marcus Tullius Cicero
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PostPosted: Tue Oct 13, 2009 7:18 pm 
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Thanks for the reply,,,the company said they sent a registered letter but I never received it or signed for anything.They also had tried to call me but my phone at the time was a VOIP phone and my pc had crashed,,,,this all happened during a health crisis with my spouse so to say life was chaotic would be an understatement!!Although my spouses condition is documented I don't really want to go to court with a sob story.I am also not so sure I should be representing myself,,,I know nothing of legal matters


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PostPosted: Tue Oct 13, 2009 9:32 pm 
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Joined: Wed Nov 14, 2007 8:27 pm
Posts: 959
Location: Guelph, Ontario
Here's what I found
Quote:
Compulsory automobile insurance

2. (1) Subject to the regulations, no owner or lessee of a motor vehicle shall,

(a) operate the motor vehicle; or

(b) cause or permit the motor vehicle to be operated,

on a highway unless the motor vehicle is insured under a contract of automobile insurance. 1994, c. 11, s. 383; 1996, c. 21, s. 50 (3).

Definition

(2) For the purposes of subsection (1), where a permit for a motor vehicle has been issued under subsection 7 (7) of the Highway Traffic Act,

“contract of automobile insurance”, with respect to that motor vehicle, means a contract of automobile insurance made with an insurer. R.S.O. 1990, c. C.25, s. 2 (2).

Offence

(3) Every owner or lessee of a motor vehicle who,

(a) contravenes subsection (1) of this section or subsection 13 (2); or

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (a) is amended by the Statutes of Ontario, 2002, chapter 22, section 33 by striking out “subsection 13 (2)” and substituting “subsection 13 (11)”. See: 2002, c. 22, ss. 33, 36 (2).

(b) surrenders an insurance card for inspection to a police officer, when requested to do so, purporting to show that the motor vehicle is insured under a contract of automobile insurance when the motor vehicle is not so insured,

is guilty of an offence and is liable on a first conviction to a fine of not less than $5,000 and not more than $25,000 and on a subsequent conviction to a fine of not less than $10,000 and not more than $50,000 and, in addition, his or her driver’s licence may be suspended for a period of not more than one year. R.S.O. 1990, c. C.25, s. 2 (3); 1996, c. 21, s. 50 (4).

Justice to secure possession of driver’s licence

(4) Where a justice makes a conviction under subsection (3) and the driver’s licence of the person convicted is suspended by the justice, the justice shall take the driver’s licence and forward it to the Registrar. R.S.O. 1990, c. C.25, s. 2 (4).

Police officer may secure possession

(5) Where a driver’s licence is suspended under this section and the person to whom the suspension applies refuses or fails to surrender his or her licence to the justice forthwith, any police officer may, and upon the direction of the Registrar shall, take possession of the licence and forward it to the Registrar. R.S.O. 1990, c. C.25, s. 2 (5).

Offence

(6) Every person who fails or refuses to surrender his or her driver’s licence when required by a police officer under subsection (5) is guilty of an offence and on conviction is liable to a fine of not more than $200. R.S.O. 1990, c. C.25, s. 2 (6); 1996, c. 21, s. 50 (5).

Impounding motor vehicle

(7) In the event of a conviction under subsection (3), the justice may order that the motor vehicle,

(a) that was operated in contravention of subsection (1);

(b) for which a false statement in respect of insurance was made in contravention of subsection 13 (2); or

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (b) is amended by the Statutes of Ontario, 2002, chapter 22, section 33 by striking out “subsection 13 (2)” and substituting “subsection 13 (11)”. See: 2002, c. 22, ss. 33, 36 (2).

(c) for which an insurance card was produced in contravention of clause (3) (b),

shall be seized, impounded and taken into the custody of the law for a period of not more than three months. R.S.O. 1990, c. C.25, s. 2 (7).

Cost of storage

(8) All costs and charges for the care and storage of the motor vehicle are a lien upon the motor vehicle that may be enforced in the manner provided by the Repair and Storage Liens Act. R.S.O. 1990, c. C.25, s. 2 (8).

Release of vehicle on security given by person convicted

(9) If the person convicted under subsection (3) gives security to the satisfaction of the convicting justice, by bond, recognizance or otherwise, that the motor vehicle will not be operated upon a highway during the period specified by the justice in making an order under subsection (7), the motor vehicle may be released to the person convicted, and if the motor vehicle is operated upon a highway during such period it shall be deemed to have been operated without a permit, as defined in subsection 6 (1) of the Highway Traffic Act. R.S.O. 1990, c. C.25, s. 2 (9); 1996, c. 21, s. 50 (6).

Three-year limitation period

(10) Proceedings may be commenced at any time within three years after the date on which an offence was, or is alleged to have been, committed under subsection (1) or clause (3) (b) or subsection 13 (2). R.S.O. 1990, c. C.25, s. 2 (10).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (10) is amended by the Statutes of Ontario, 2002, chapter 22, section 33 by striking out “subsection 13 (2)” and substituting “subsection 13 (11)”. See: 2002, c. 22, ss. 33, 36 (2).


So the penalties are pretty stiff

Also, about the insurance card:
Quote:
Certificate of insurance

13. (1) Every person making an application for the issuance, validation or transfer of a permit for a motor vehicle shall certify, in the form prescribed by the regulations, that the motor vehicle is insured under a contract of automobile insurance and the Registrar, despite subsection 7 (7) of the Highway Traffic Act, shall not issue, validate or transfer the permit for the motor vehicle, where such certificate of insurance is not provided to the Registrar. R.S.O. 1990, c. C.25, s. 13 (1).

Offence for false statement

(2) No person shall knowingly make a false statement in the certificate of insurance required under subsection (1). R.S.O. 1990, c. C.25, s. 13 (2).
Quote:
Note: On a day to be named by proclamation of the Lieutenant Governor, section 13 is repealed by the Statutes of Ontario, 2002, chapter 22, section 34 and the following substituted:

Validation or transfer of permits

13. (1) No person shall apply for the issuance, validation or transfer of a permit for a motor vehicle unless the motor vehicle is insured under a contract of automobile insurance.

Ministry to be satisfied of insurance

(2) The Ministry of Transportation shall not issue, validate or transfer a permit for a motor vehicle unless it is satisfied that, at the time that the application for the issuance, validation or transfer is made, the motor vehicle is insured under a contract of automobile insurance.

Minister may require information

(3) The following persons shall, upon the request of the Minister of Transportation, give the Registrar such information as may be prescribed, including personal information, for any purpose related to this Act or any provision of the Highway Traffic Act concerning automobile insurance, subject to such conditions as may be prescribed:

1. A particular insurer.

2. Every insurer in a prescribed class of insurers.

3. A particular person.

4. Every person in a prescribed class of persons.

Collection of information on Minister’s behalf

(4) The Minister of Transportation may enter into agreements authorizing one or more persons to collect and keep information provided under subsection (3) on behalf of the Registrar, and require those persons to provide the information to the Registrar.

Format of information

(5) The Minister of Transportation may require that information provided or kept under subsection (3) or (4) be in any format that the Minister considers appropriate, and be provided by any means that the Minister considers appropriate.

Verifying accuracy

(6) The Minister of Transportation may verify the accuracy of information provided or kept under subsection (3) or (4) by comparing the information with information that is collected under the authority of the Highway Traffic Act.

Use of information for other purposes

(7) Nothing in this section limits or controls the collection, use or disclosure of, or access to, any information provided to a person authorized under subsection (4), for any purpose other than one set out in this section.

Proof of insurance

(8) Despite anything in this Act or the Highway Traffic Act, the Ministry of Transportation may require a person who applies for the issuance, validation or transfer of a permit for a motor vehicle to do any or all of the following:

1. Certify in a form approved by the Superintendent that the motor vehicle is insured under a contract of automobile insurance.

2. Produce for inspection an insurance card for the motor vehicle.

3. Produce for inspection any other evidence that is satisfactory to the Ministry of Transportation that the motor vehicle is insured under a contract of automobile insurance.

Ministry of Transportation may rely on information

(9) The Ministry of Transportation, for the purpose of determining that it is satisfied under subsection (2), may rely on information obtained pursuant to this section.

No liability

(10) Where the Ministry of Transportation has relied on information obtained pursuant to this section, the Crown, the Minister of Transportation, the Ministry, the Registrar and the employees, officers and agents of the Minister or the Ministry are not liable in any action relating to the issuance, validation or transfer of a permit for a motor vehicle that arises out of that reliance or any failure or refusal to issue, validate or transfer a permit that arises out of that reliance.

Offence for false statement

(11) No person shall, in certifying under paragraph 1 of subsection (8) that a motor vehicle is insured under a contract of automobile insurance, make a statement that he or she knows or ought to know is false.

Definition

(12) In this section,

“contract of automobile insurance” means a contract of automobile insurance made with an insurer.

See: 2002, c. 22, ss. 34, 36 (2).

Possession, use, sale, etc., of false or invalid insurance card

13.1 (1) No person shall knowingly,

(a) have a false or invalid insurance card in his or her possession;

(b) use a false or invalid insurance card; or

(c) sell, give, deliver or distribute a false or invalid insurance card. 1996, c. 21, s. 50 (11).

Offence

(2) A person who contravenes this section is guilty of an offence and is liable on a first conviction to a fine of not less than $10,000 and not more than $50,000 and on a subsequent conviction to a fine of not less than $20,000 and not more than $100,000. 1996, c. 21, s. 50 (11).
Quote:
Note: On a day to be named by proclamation of the Lieutenant Governor, section 13.1 is repealed by the Statutes of Ontario, 2002, chapter 22, section 34 and the following substituted:

Possession, use, sale, etc., of false or invalid insurance card

13.1 (1) No person shall,

(a) have a false or invalid insurance card in his or her possession that he or she knows or ought to know is false or invalid;

(b) use a false or invalid insurance card that he or she knows or ought to know is false or invalid;

(c) sell, give, deliver or distribute a false or invalid insurance card that he or she knows or ought to know is false or invalid; or

(d) produce for inspection any other evidence, that he or she knows or ought to know is false or invalid, that the motor vehicle is insured under a contract of automobile insurance.

Offence

(2) A person who contravenes this section is guilty of an offence and is liable on a first conviction to a fine of not less than $10,000 and not more than $50,000 and on a subsequent conviction to a fine of not less than $20,000 and not more than $100,000.

Definition

(3) In this section,

“contract of automobile insurance” means a contract of automobile insurance made with an insurer.



Make your own heads or tails. You acted in accordance to 13.1(1), but not in accordance to 2(1). The sob story might help reduce charges/fines though.

This is gonna be expensive in any case. Try getting help from paralegal/lawyer here, at least see how much that will cost you. You can get a free quote from X-Copper by filling out a form at the bottom of the site. They have both paralegals and lawyers, so they might be able to give you a good idea.

_________________
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com


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No Insurance
PostPosted: Wed Oct 21, 2009 1:38 pm 
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Jr. Member

Joined: Sat Oct 03, 2009 8:25 pm
Posts: 97
Location: Toronto
No Insurance Charge

The onus is always on the owner to ensure that they have a valid insurance. The penalty for this offense is a 5000 dollar fine, plus 1250 for a Victim Fine Surcharge (read as tax on a traffic ticket).

At court the officer has to prove that you were driving a motor vehicle, that you were the owner of that motor vehicle and that they made a demand for you to provide evidence of valid insurance. Its called a reverse onus, they don't have to prove that you were driving without insurance, you have to prove that you had insurance.

At court the Justice, even if your found guilty, will want to know what have you done about the situation since you found out, did you get the insurance renewed?

Although the fine is $6250 you are allowed to ask for a lower fine, and the Justice will want to know about your financial background, do you work, family concerns ect.

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Chris Conway
Retired Toronto Traffic Officer, Hit & Run Squad Detective,
Breathalyzer Tech, Radar/Highway Patrol
Licenced Paralegal


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Re: Unknowiingly driving uninsured
PostPosted: Wed Oct 21, 2009 8:00 pm 
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Sr. Member

Joined: Mon Oct 20, 2008 11:31 pm
Posts: 502
daveEboy wrote:
Was pulled over by OPP and found out my insurance had been cancelled for non payment,,,,How screwed am I or can this be beaten or reduced?Any input would be greatly appreciated



Did you ever figure out the reason for cancel?

It will make a big difference.

Cheers
Viper1

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