Mayfield Rd, Caledon Disobey sign

BillW
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Mayfield Rd, Caledon Disobey sign

by: BillW on
Sun Feb 06, 2011 6:10 pm

Hi. I recently got a ticket for the above offence. I was driving a commercial rig, used for soil investigations. I was stopped on the shoulder of Mayfield Rd in Caledon, waiting for traffic control to be put in place (flagmen, signs, etc) so that I could commence my work. I was stopped beside no stopping signs, but wouldn't my waiting for the traffic safety measures to be put up outweigh the no stopping signs? I did have a Road Occupancy Permit, if that makes a difference? Incidently, the officer told me he was charging me with the lesser of 2 offences, and that this one didn't carry demerit pts, but I see that it does. Any suggestions?


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by: Stanton on
Sun Feb 06, 2011 7:02 pm

I've never heard of that section being used for what is basically a parking offence. It seems quite heavy handed for the infraction. Typically the section is used when people make turns at intersections where there are signs posted prohibiting such actions.

I'm a little surprised the officer didn't use some discretion and just let you off with a warning considering you were there for work. If he really felt like he needed to charge you, he could have at least given you a bylaw ticket instead.


BillW
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by: BillW on
Sun Feb 06, 2011 7:34 pm

Yes, it did seem like he had to ticket me for something..he started on about how my machinery was secured to the truck, saying I didn't have enough chains to secure it's weight (10 tons). I invited him to have an MOT inspector have a look at it.. I'm through the weigh scales all the time. I'm thinking I'm going to court on this, mainly cause I was there to work (the traffic control guys started setting up about a 100 feet in front of my truck while he was writing the ticket), and I did have the Road Occupancy Permit which allowed me to take an entire live lane of traffic. Also, from what I've read on this site, either the police are not up to speed on this section, or they are misleading the public when they tell us that there are no demerit points involved with this type of ticket. Actually, if weren't for this site, I wouldn't have known about the points.


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by: Komitet on
Sun Feb 06, 2011 10:48 pm

I would got to court with your written traffic plan, signed by your co-workers for the day with them as witnesses, I would think this is sufficient evidence to have this tossed.
Also if I'm not mistaken, this ticket would go against the CVOR/Company would it not?
Did you have your beacons, 4 ways etc.. on?
Science will fly you to the moon, religion will fly you into buildings.




BillW
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by: BillW on
Mon Feb 07, 2011 7:55 pm

I don't have a formal written traffic plan as such. That was in the hands of the independent traffic control company. I do have a Road Occupancy Permit from the Region of Caledon. And yes, I had my 4 ways on, as well as the rotating beacon. I went to the courthouse today (day 14 of 15 allowed) to file notice of my desire for a trial, as well as a meeting with the Crown ahead of time. I wasn't aware that it was 2 CVOR points as well. The boss will flip, we've already been audited once by MTO, we have another one coming up.


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by: Komitet on
Mon Feb 07, 2011 8:21 pm

You should be signed onto that traffic plan, which would be good evidence in court, you should also make sure you read and understand book 7, by law you should have one on your truck, for what you are describing for where you were parked you would have been under TL (typical layout) #18, side of road, less than 25 minutes, lights and 4 ways.

On a side note, to cover your own ass, in the future I would have my own traffic plan written up, for your vehicle only, that way it can be produced in situations where you are not yet covered by your independent TCP persons.

I think this is a very easy ticket to beat. hope it helps.
Science will fly you to the moon, religion will fly you into buildings.




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by: viper1 on
Tue Feb 08, 2011 11:07 pm

As to your original Q?
"if any-one knows different (please answer)"

1RST What kind of cop gave you the ticket?

2nd
I just found that the (traffic safety police) can give you a ticket for almost anything.(parking too).
3RD
Those points on cvor are really add to insurance cost.

Cheers
Viper1
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use at your own risk"




BillW
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by: BillW on
Fri Mar 04, 2011 8:25 pm

Hi again. I saw the crown today about my ticket. I wound up getting it dropped to "interfere with traffic", $65 total fine, no points. I was told if I had a couple of pylons at the rear of my rig, I would have been OK. Total crock of s***, the crown didn't even want to see my road occupancy permit, and he wrote Book 7 off as not relevant, even through I was in accordance with it for VSD work (flashers and beacon on). Shoulda went to trial, even it it would have cost me more in lost wages.


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by: hwybear on
Sat Mar 05, 2011 6:50 am

Well been searching the MTO site for " Road Occupancy Permit " and havent found a thing...can you provide the link? Are you meaning a wide load vehicle permit?

Further whatever this "Book 7" is?

And if neither of what you are mentioning is not in here ( http://www.search.e-laws.gov.on.ca/en/s ... egalAdvice ) it is not a law, but might be a "guideline" or "best practices" type thing or could be something in regards to requirements under the Ministry of Labour.
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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by: Squishy on
Sat Mar 05, 2011 12:15 pm

A Road Occupancy Permit seems to be a municipal by-law requirement, not provincial. My first search turned up Richmond Hill's requirements. Putting in Caledon got me this:
http://www.town.caledon.on.ca/townhall/ ... ncy_Permit

Book 7 is part of the Ontario Traffic Manual. It doesn't look to be any sort of legislation, but more like a collection of Acts and requirements of the MOL and MTO.
http://www.otc.org/PDF/OTM_Book_7.pdf

Also...I'm Back! :mrgreen:
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Reflections
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by: Reflections on
Mon Mar 07, 2011 10:46 am

Radar Identified wrote:WOW Squishy it's been a long time... welcome back!
Yeah, where the hell have you been, I've been worried sick about you. You don't call, you don't write just poof gone...... OK I wasn't really worried.
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


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