Here's something I always wondered about: I know a commercial truck in most instances is one above 4500 kg but that does not necessarily mean it's a heavy because you can drive any truck up to 11000 kg with a G license. The question is how is a HEAVY truck defined in relation to a posted NO HEAVY TRUCKS sign on certain streets? Does it only refer to trucks with a Gross registered or actual weight of over 11,000 kg that would require a D license? Or is it subjective? On streets with a NO TRUCKS sign are there statutory exemptions other than for emergency vehicles or is this a matter or reasonable discretion?
Here's something I always wondered about:
I know a commercial truck in most instances is one above 4500 kg but that does not necessarily mean it's a heavy because you can drive any truck up to 11000 kg with a G license.
The question is how is a HEAVY truck defined in relation to a posted NO HEAVY TRUCKS sign on certain streets? Does it only refer to trucks with a Gross registered or actual weight of over 11,000 kg that would require a D license? Or is it subjective?
On streets with a NO TRUCKS sign are there statutory exemptions other than for emergency vehicles or is this a matter or reasonable discretion?
I'm also interested in this, because I've seen what appears to be heavy trucks even dump trucks do U-Turns when they approach 'No Trucks Sign'. I've also seen them pull over with their hazard lights and simulate fake breakdowns as soon as they see police officers. But I've never seen our local police stop these trucks for disobeying the sign.
I'm also interested in this, because I've seen what appears to be heavy trucks even dump trucks do U-Turns when they approach 'No Trucks Sign'. I've also seen them pull over with their hazard lights and simulate fake breakdowns as soon as they see police officers. But I've never seen our local police stop these trucks for disobeying the sign.
The bottom line is that there is no definition of "heavy truck" in the HTA. It all depends on what the JP chooses to accept as meeting the definition. On appeal, the court accepted this position in the Boyd decision.. While in that case there WAS a by-law in existence that defined 'heavy truck', I believe the court's justification was wrong. Where there is no by-law in existence, then there is no definition of the term that applies. Accordingly, a prima facie case simply can't be made out and must fail! Besides, if trial courts can simply draw upon their common sense to 'read' in a definition then it creates ambiguity at law since you could have different definitions applying! Any doubt or ambiguity should always go in the favour of the defendant as per the rules of statutory interpretation. The legislature should simply have defined the term. That's why I suspect the Court of Appeal would likely reverse the Boyd decision if it was appealed further.
The bottom line is that there is no definition of "heavy truck" in the HTA. It all depends on what the JP chooses to accept as meeting the definition. On appeal, the court accepted this position in the Boyd decision..
While in that case there WAS a by-law in existence that defined 'heavy truck', I believe the court's justification was wrong. Where there is no by-law in existence, then there is no definition of the term that applies. Accordingly, a prima facie case simply can't be made out and must fail! Besides, if trial courts can simply draw upon their common sense to 'read'
in a definition then it creates ambiguity at law since you could have different definitions applying! Any doubt or ambiguity should always go in the favour of the defendant as per the rules of statutory interpretation. The legislature should simply have defined the term. That's why I suspect the Court of Appeal would likely reverse the Boyd decision if it was appealed further.
Super interesting (for me anyway) it's not too often you see a major hole in the law like this. So in theory anyone facing this charge should be able to successfully appeal if convicted even if they were driving a truck that requires a heavy truck license.
Super interesting (for me anyway) it's not too often you see a major hole in the law like this. So in theory anyone facing this charge should be able to successfully appeal if convicted even if they were driving a truck that requires a heavy truck license.
I got ticket for failing to stop at stop sign in Toronto. i heard that the police officer must see the stop line, if there is one, from where he was sitting. That is exactly my case, Is it a strong case? If so do i need a picture to show that there is a stop line and a picture to show that he could not see the stop line from where he was sitting?
I got a ticket, Disobey stop sign, sec 136.1.a on dec 6th
I made a left in an intersection and was pulled over by a police officer in an unmarked car who had been sitting down the road. A classic fishing hole situation. I was genuinely surprised when he stopped me and told me I went through a stop sign without even slowing down. I know to shut up and be polite and take the ticket. I…
Yesterday morning, I rear-ended someone. I was going the speed limit. The sun was directly in front of me and it blinded my windshield and my eyes. At the same time, the person in front of me stopped/slowed down (also due to the sun). I started to slow down but didn't stop and I hit them since I couldn't see anything. I was not driving too close initially. I…
I was driving in the county at night and hit a limousine stretched out side ways across the road. The limo had its lights on and had side lighting as well. The police officer charged me with careless driving because it was "fully lit up".
It took me to the next day to figure out what had happened - what I remember made no sense. What I had run across was a "false visual reference" illusion.
I was on hwy 37 trying to make my girlfriends ganadmas mass and I live an hour away and I had an hour to get there so I was going fast but not 50 over untill some idiot got on my tail soo close that I was to concentrated on him that I kept going faster untill I got pulled over at 147 on an 80 km hwy.
I alreaddy lost 3 points and this time was just the…
Hello, got stopped today for rolling a stop sign. Ticket says failure to stop, but quotes hta 1361b.
Doesn't 1361b mean failure to yield?
Is this a fatal error? Or could it be amended at trial. How can I prepare a defence if I don't know if I'm defending the failure to stop or the failure to yield?
After he was providing me with a ticket for failure to obey to the stop sign (I am pretty sure I stopped but less than 3 seconds recommended by my driver ed. instructor), I know everybody say that..as an excuse.
Then he stopped me again to return the documents.
Any advice and feed back would be really appreciated.
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So i was driving on Eglinton Avenue East near Rosemount Ave.
The school bus was on the the curb on the opposite side of the road while i was travelling on the middle lane of the three-laned Eglinton Avenue East (five lanes apart plus a raised median island seperating the traffic)
I could not see the school bus as my view of the bus was being obstructed by the cars in front of me and on my left hand…
Lots of good information on getting disclosure from the Crown here.
Now, I am just wondering if I will be relying upon evidence of my own at trial... do I have to voluntarily send this material to the Crown in a reasonable time before the trial, or only if they request disclosure from me?
This morning I had an exam for university. I was studying the entire night and i wanted to catch like maybe 1-2 hours of sleep before the exam so i went to sleep. I woke up like 5 hrs after and realize that I was about to miss my exam. I still could have made it so I asked my dad for his car since I was in a huge rush and he gave it to me.
I went on the highway and I was going at 135 km/h but…
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Hi I have a couple questions so I'll explain my situation and any advice would be appreciated.
Can't remember exact date so lets call it some time in 2008 I got a fine for $5000.00 for driving without in insurance. I never paid the fine and in 2012 I was pulled over and the officer asked to see my license. Although I had it on me I figured it would be under suspension for the unpaid fine from…
Alright, so I did something really stupid the other day, I was driving down a country road and wanted to hit the curves so I passed 3 cars at once, inadvertently making it up to very much past 50 over (80 limit)... Much to my chagrin there was a cop coming in the opposite direction who immediately skidded on the gravel shoulder and who I thought was 100% going to turn around and pull me over,…
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I recently received a ticket for failure to use low beams - while following - Ticket was issued Sec 168 (
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I received a warning letter from MTO for a 2pts ticket.What happened is that the police officer issued a "unsafe left turn" and then changed the ticket to "failed to signal" at the scene, but she submitted both tickets!!! And I !!!ONLY!!! received the latter ticket from her(I requested trial for "failed to signal"). I recently received notice from MTO that I'm convicted for "unsafe left turn".
Hello everyone! I was given a ticket for using a hand-held communication device while driving. It was 3 am, I was at a stop light and the cop saw me with the my phone in my hand. I told him i was just checking the time on it. I received the notes a few weeks ago ill copy them down below. Any help is appreciated although i believe there's no hope for me. The cop recorded me saying what phone i…
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I requested for disclosure of information two months ago.
I received the radar manual after one month, but not others (including maintenance/calibration record of the radar, certificate of police training). On further pursuit, the prosecutor told me that he did not have them and he did not see why I needed these documents. He said he did not know where to get them when I asked.
Last Friday I was pulled over by an OPP motorcycle cop who informed me I was going 134. I was on the SB 404, I did see him parked under a bridge and when I passed him he was not on his bike.
I'm hoping to get some insight for a defense in this case.
I was in lane 1 and I had a car in front of me, and a car behind me, also there was a car speeding down Lane 3 passing everyone and moved quickly into…
