Disobey Sign Section 182(2)

argyll
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Re: Disobey Sign Section 182(2)

by: argyll on
Fri Jan 20, 2017 12:24 pm

ppstream1 wrote:To lolwut,

My truck's RGW is 8000kg, its a Hino 185
So your truck is an 8 ton truck, right ? Am I missing something ?
Former Ontario Police Officer. Advice will become less relevant as the time goes by !




argyll
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by: argyll on
Fri Jan 20, 2017 12:37 pm

So therefore in excess of 3 tons which meets the criteria of the section.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


ppstream1
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by: ppstream1 on
Fri Jan 20, 2017 12:41 pm

well in the city bylaw, the heavy truck defined "A commercial vehicle having a weight, when unloaded, of three (3) tonnes or more or, when loaded, of five (5) tonnes or more" so if I am loading as long as my truck is no more than 5t I am ok, correct me if I am wrong


jsherk
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by: jsherk on
Fri Jan 20, 2017 1:16 pm

I usually do not say too much to the prosecutor and wait until I am in front of Judge/Justice of the Peace during either cross-examination of the officer or for my own testimony.
+++ This is not legal advice, only my opinion +++


argyll
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by: argyll on
Fri Jan 20, 2017 2:59 pm

ppstream1 wrote:well in the city bylaw, the heavy truck defined "A commercial vehicle having a weight, when unloaded, of three (3) tonnes or more or, when loaded, of five (5) tonnes or more" so if I am loading as long as my truck is no more than 5t I am ok, correct me if I am wrong
A commercial vehicle having a weight,

when unloaded, of three (3) tonnes or more
or,
when loaded, of five (5) tonnes or more

As your truck is heavier than 3 tonnes when it is unladen then it meets the classification.
So would a truck that weighs 2.5 tonnes if it was carrying 3 tonnes of goods. The 'or' is the key.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


screeech
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by: screeech on
Fri Jan 20, 2017 5:18 pm

The officer will produce a copy of the ownership which will show the registered gross weight. That weight, as you say is 8,000Kg, therefore, you are well over the 5 ton rule...The ownership will also have an empty weight on it: is that over 3,000 tons?


lolwut
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by: lolwut on
Tue Jan 31, 2017 5:27 pm

The officer will also have the curb weight from the MTO registration. I did a quick search and it appears the curb weight is over 3000kg which is likely the basis of the ticket.


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