Fail to properly wear seat belt - In Provincial Park

Shayne15
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Fail to properly wear seat belt - In Provincial Park

Unread post by Shayne15 on

On Saturday the Family took a trip to Sandbanks Beach for a day trip. As I approached the pay counter, I took off my seat belt to pay and proceeded to drive as I was following someone else and was unaware of where I was. After a stop sign I proceeded to put my seatbelt on and as I did, a Park Warden stopped me. Asked why I wasn't wearing a seatbelt and explained to him that I just payed and was putting it on. He asked me to pull into one of the parking lots, gave him my licence and he came back with a $240 ticket. I asked him If it is necessary as I was putting it on plus I was now on a private road. He indicated the park is Provincial and falls under the HTA.

I have no idea how to proceed as this is my first ticket in 15+ years of driving. I don't want this against my insurance (even though they will waive my first conviction). I'd like to fight it.

I spoke with a co-worker that is well versed in law. He indicated it is hard to fight there really is no lesser charge to it but I should still proceed. First the ticket said I was pulled over on Outlet Beach Rd, I'm not sure how to find out if this road falls under the HTA. The street is not listed anywhere, even on google maps.

Does anyone have any other recommendations to fight this? I always obey the rules of the road and in this instance it was just a matter timing. Everyone else in my car had their seat belts on.


iFly55
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Unread post by iFly55 on

no seat-belt is a strict liability offense which means you have the opportunity to show due dilligence

do you still have the parking ticket or receipt you purchased? it may help in your defense, especially with the timing


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hwybear
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Unread post by hwybear on

all roads inside the provincial park are subject to all HTA rules. only place that is not is once directly on your assigned campsite.
on similiar note, did a RIDE inside a park this weekend, and issued bicycle helmet offence, 6 other helmet warnings, 20+ seatbelt warnings, 1 3day licence suspension
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


Shayne15
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Unread post by Shayne15 on

hwybear wrote:all roads inside the provincial park are subject to all HTA rules. only place that is not is once directly on your assigned campsite.
on similiar note, did a RIDE inside a park this weekend, and issued bicycle helmet offence, 6 other helmet warnings, 20+ seatbelt warnings, 1 3day licence suspension
Are those just verbal warnings? I assume mine is an actual ticket since there is a charge. Would have been nice if this Warden saw me having a clean driving record and gave me a warning.


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hwybear
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Unread post by hwybear on

[quote="Shayne15]Are those just verbal warnings? I assume mine is an actual ticket since there is a charge. Would have been nice if this Warden saw me having a clean driving record and gave me a warning.[/quote]
yes, verbal warnings, i do not have "paper" warnings




Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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