Received Offence Notice of Major Defect in comm. Veh. under HTA 107 (11). Will it cost any points? As per HTA Reg. O. Reg. 339/94 DEMERIT POINT SYSTEM I could not find this Sec. 107 (11) cost any points. Does it means, no points? Checked under ONTARIO REGULATION 199/07 under SCHEDULE 1 DAILY INSPECTION OF TRUCKS, TRACTORS AND TRAILERS, too but this specify the minor and major defects only. Please help.
Received Offence Notice of Major Defect in comm. Veh. under HTA 107 (11). Will it cost any points? As per HTA Reg. O. Reg. 339/94 DEMERIT POINT SYSTEM I could not find this Sec. 107 (11) cost any points.
Does it means, no points?
Checked under ONTARIO REGULATION 199/07 under SCHEDULE 1 DAILY INSPECTION OF TRUCKS, TRACTORS AND TRAILERS, too but this specify the minor and major defects only.
Thanks ShrekTec and screeech. You are right. But here in this case, on the offence notice, charged under 107 (3) and it cost 2 points under Conviction Code Table Thanks
Thanks ShrekTec and screeech.
You are right.
But here in this case, on the offence notice, charged under 107 (3)
oh! officer did not provide any inspection report. he just ask the driver to put the truck in drive (first) gear. Driver did that. The truck did not move and then officer asked the driver to press the accelerator, the truck moved when the accelerator was pressed. Officer not tell anything that what the defect is. Is there anything that can be debated on this?
oh! officer did not provide any inspection report. he just ask the driver to put the truck in drive (first) gear. Driver did that. The truck did not move and then officer asked the driver to press the accelerator, the truck moved when the accelerator was pressed. Officer not tell anything that what the defect is. Is there anything that can be debated on this?
Sounds to me like it was for an improper braking system...if it was an inspection done by a qualified cmv inspector, the driver would have been given a copy of an inspection report...
Sounds to me like it was for an improper braking system...if it was an inspection done by a qualified cmv inspector, the driver would have been given a copy of an inspection report...
The CVIR (commercial vehicle inspection report) is not always given on scene. Lets not forget you don't have to be commercial certified to perform a test of the parking brake or simple braking system test.
The CVIR (commercial vehicle inspection report) is not always given on scene.
Lets not forget you don't have to be commercial certified to perform a test of the parking brake or simple braking system test.
There is no reason not to give a cvir on scene by a certified inspector...they can be done by hand written form or computer generated, either way, the driver can be, and should be, given a copy on scene...and I did not forget you don't have to be a certified inspector to test the parking brake...
There is no reason not to give a cvir on scene by a certified inspector...they can be done by hand written form or computer generated, either way, the driver can be, and should be, given a copy on scene...and I did not forget you don't have to be a certified inspector to test the parking brake...
But no inspection report was provided afterwards also. Officer just tear off the top white page (original copy- since log book has duplicate yellow copy along with the original) from the log book and took that original copy with him.
But no inspection report was provided afterwards also. Officer just tear off the top white page (original copy- since log book has duplicate yellow copy along with the original) from the log book and took that original copy with him.
Is there any legal provision can be offered for this? How this will be proved or say in the court that a police officer can not or not suppose to take any copy of the log book. Please provide your opinion. Thanks
Is there any legal provision can be offered for this? How this will be proved or say in the court that a police officer can not or not suppose to take any copy of the log book.
No...just proper procedure...nothing in law...if you dropped in to any mto scale and asked any of the officers they would tell you they don't seize them, even if there was a log book violation they don't seize them, they do take lots of photocopies though...I suppose you could track down the officer and ask him for it back as you need to keep it in the Carrier's records...One copy to the Carrier, one copy stays in the log book...the driver was not charged with a log book violation therefore it is of no real evidentury value to a major defect charge...I doubt it is anything the officer can get into trouble over, lots of them do it...it would be an educational thing...he is obviously not cvsa trained...
No...just proper procedure...nothing in law...if you dropped in to any mto scale and asked any of the officers they would tell you they don't seize them, even if there was a log book violation they don't seize them, they do take lots of photocopies though...I suppose you could track down the officer and ask him for it back as you need to keep it in the Carrier's records...One copy to the Carrier, one copy stays in the log book...the driver was not charged with a log book violation therefore it is of no real evidentury value to a major defect charge...I doubt it is anything the officer can get into trouble over, lots of them do it...it would be an educational thing...he is obviously not cvsa trained...
Actually Driver was charged for fail to note defect on trip log also (under HTA 107 (8) (A) for that defect we was talking about earlier. There was no defect in the vehicle when driver did the inspection in the morning before starting his trip. So officer asked the driver to show the logbook and upon providing the logbook, officer tear off the page for that particular day and took it with him.
Actually Driver was charged for fail to note defect on trip log also (under HTA 107 (8) (A) for that defect we was talking about earlier.
There was no defect in the vehicle when driver did the inspection in the morning before starting his trip.
So officer asked the driver to show the logbook and upon providing the logbook, officer tear off the page for that particular day and took it with him.
Well, I am trying to find something on Ministry's website which can be referred that officer can not tear off the log book page. But thanks for tons of info.
Well, I am trying to find something on Ministry's website which can be referred that officer can not tear off the log book page. But thanks for tons of info.
I doubt there is anything on the ministry site about that...more of a procedural thing, there is nothing in law that says they can't seize it, they just shouldn't seize it...if you are looking to beat the charge because the officer took that page it won't work...
I doubt there is anything on the ministry site about that...more of a procedural thing, there is nothing in law that says they can't seize it, they just shouldn't seize it...if you are looking to beat the charge because the officer took that page it won't work...
I understand, just trying to know the facts so if needed, can defend this issue. Just found: Record keeping requirements under Highway Traffic Act ONTARIO REGULATION 199/07 COMMERCIAL MOTOR VEHICLE INSPECTIONS SCHEDULE 1 DAILY INSPECTION OF TRUCKS, TRACTORS AND TRAILERS PART II DAILY INSPECTIONS and Part V Record keeping. That the log book need to be reported/provided to the carrier to comply for mandatory record keeping requirements. and.......... under Inspections, unsafe vehicles (Highway Traffic Act) 82 (6) Notice was required to the driver that what level of inspection was done according the North American Standard Inspection Procedure. I don't know if this is sufficient.
I understand, just trying to know the facts so if needed, can defend this issue.
Just found: Record keeping requirements under Highway Traffic Act
ONTARIO REGULATION 199/07
COMMERCIAL MOTOR VEHICLE INSPECTIONS
SCHEDULE 1
DAILY INSPECTION OF TRUCKS, TRACTORS AND TRAILERS
PART II
DAILY INSPECTIONS
and Part V Record keeping.
That the log book need to be reported/provided to the carrier to comply for mandatory record keeping requirements.
and..........
under Inspections, unsafe vehicles (Highway Traffic Act)
82 (6)
Notice was required to the driver that what level of inspection was done according the North American Standard Inspection Procedure.
Yes, that is why the officer should not have taken the log page, as it need to be turned into the Carrier...Officer was probably thinking of rules of evidence and seizing it to be able to produce it later in court if needed...again, the officer should have copied it and left the original with the driver...For now, if I were you, I would get the driver's remaining copy of that day's log page, copy it and keep it with your records, as is required, with a written note on in that the original was seized by officer #, and what the ticket numbers were that were associated to that stop so if you are ever audited you will have something the mto can track... As for the other issue: I can guarantee the officer was not cvsa certified (commercial vehicle safety alliance) and therefore would not have concucted a cvsa inspection where the driver would have been given a copy of the cvir...when a certified officer, (all of the mto officers at the inspection stations, and some police officers) conduct a cvsa inspection, level 1 or 2, they give you a copy of the cvir which will indicate what inspection they did and any defects or violations...
Yes, that is why the officer should not have taken the log page, as it need to be turned into the Carrier...Officer was probably thinking of rules of evidence and seizing it to be able to produce it later in court if needed...again, the officer should have copied it and left the original with the driver...For now, if I were you, I would get the driver's remaining copy of that day's log page, copy it and keep it with your records, as is required, with a written note on in that the original was seized by officer #, and what the ticket numbers were that were associated to that stop so if you are ever audited you will have something the mto can track...
As for the other issue: I can guarantee the officer was not cvsa certified (commercial vehicle safety alliance) and therefore would not have concucted a cvsa inspection where the driver would have been given a copy of the cvir...when a certified officer, (all of the mto officers at the inspection stations, and some police officers) conduct a cvsa inspection, level 1 or 2, they give you a copy of the cvir which will indicate what inspection they did and any defects or violations...
Original copy would certainly be best evidence in Court. Also, photocopying a logbook isn't really an option at the side of the road.
screeech wrote:
Officer was probably thinking of rules of evidence and seizing it to be able to produce it later in court if needed...again, the officer should have copied it and left the original with the driver...
Original copy would certainly be best evidence in Court. Also, photocopying a logbook isn't really an option at the side of the road.
Most people have cameras on their phones, a picture or two will do quite fine in court, or the officer can take the document back to the office to photocopy or have the cmv attend the nearest inspection station for an inspection where there will be a photocopier, all of which depends on the location of the stop and other factors...I am aware of the best evidence rule yes it is the best, but, as noted by the op, there is a requirement to turn it in to the carrier...it is obviously not a perfect situation...
Most people have cameras on their phones, a picture or two will do quite fine in court, or the officer can take the document back to the office to photocopy or have the cmv attend the nearest inspection station for an inspection where there will be a photocopier, all of which depends on the location of the stop and other factors...I am aware of the best evidence rule yes it is the best, but, as noted by the op, there is a requirement to turn it in to the carrier...it is obviously not a perfect situation...
If the page of the pre-trip inspection was seized you will get a copy of it when you request disclosure. Drivers mistakenly assume that if pulled over for inspection they cannot face prosecution for any defects discovered, arguing that they were not present when they completed the pre-trip. The charge you mentioned is based on the driver becoming aware of a defect during the operation, and it was not noted in the vehicle inspection report after the pre-trip was completed. (Every pre-trip I have ever seen is designed to allow the driver to add major/minor defects encountered while operating to the inspection report.) In my opinion, a conviction on this would require that the defect be obvious to the driver during the subsequent use of the vehicle and them not noting it and doing nothing about it. Were you also ticketed for operating an unsafe vehicle?
If the page of the pre-trip inspection was seized you will get a copy of it when you request disclosure.
Drivers mistakenly assume that if pulled over for inspection they cannot face prosecution for any defects discovered, arguing that they were not present when they completed the pre-trip.
The charge you mentioned is based on the driver becoming aware of a defect during the operation, and it was not noted in the vehicle inspection report after the pre-trip was completed. (Every pre-trip I have ever seen is designed to allow the driver to add major/minor defects encountered while operating to the inspection report.)
In my opinion, a conviction on this would require that the defect be obvious to the driver during the subsequent use of the vehicle and them not noting it and doing nothing about it.
Were you also ticketed for operating an unsafe vehicle?
Unless I am wrong, the charge comes from the parking brake not working properly...it will be a hard sell in court to have the JP believe the parking brake was checked during the pre trip inspection and found to be working properly and later in the day it was not working...let me kick a hornets nest here...Even if the driver did a proper pre trip inspection, O Reg 199 Section 8: On-going Monitoring: "A driver shall monitor the condition of each commercial motor vehicle and trailer he or she is driving, drawing or in charge of to detect the presence of a major or minor defect" so, the burden is placed directly upon the driver to ensure during the trip to monitor for and report any defects... and there would not have been an unsafe vehicle charge or that would have been a summons, this driver was given 2 tickets... Pam: what was the vehicle the driver was driving and what is the Registered Gross Weight?
Unless I am wrong, the charge comes from the parking brake not working properly...it will be a hard sell in court to have the JP believe the parking brake was checked during the pre trip inspection and found to be working properly and later in the day it was not working...let me kick a hornets nest here...Even if the driver did a proper pre trip inspection, O Reg 199 Section 8: On-going Monitoring: "A driver shall monitor the condition of each commercial motor vehicle and trailer he or she is driving, drawing or in charge of to detect the presence of a major or minor defect" so, the burden is placed directly upon the driver to ensure during the trip to monitor for and report any defects...
and there would not have been an unsafe vehicle charge or that would have been a summons, this driver was given 2 tickets...
Pam: what was the vehicle the driver was driving and what is the Registered Gross Weight?
The driver did not get the ticket for unsafe vehicle. It was dump truck and the registered gross weigh was 11,000 kg (according to officer notes) Got the disclosure. Officer provided copy of the log book page but kept the original. No inspection report was provided even in the disclosure. Driver don't know what type of inspection the officer did.so he can further study on it. That was it CVSA inspection or any other type of inspection. Is this can be the defense that no Inspection Report was provided? or Should driver ask in the further disclosure request? in the disclosure, it says; e brake inoperative (foot operated) auto transmission. 3 attempts , 3 fails. What does it mean? Does it tells that what kind of inspection it was and if the officer need to be certified? or inspection report should have been provided at the time of the stop? Do 'HTA 82 (6) Notice is required' apply?
The driver did not get the ticket for unsafe vehicle.
It was dump truck and the registered gross weigh was 11,000 kg (according to officer notes)
Got the disclosure. Officer provided copy of the log book page but kept the original.
No inspection report was provided even in the disclosure. Driver don't know what type of inspection the officer did.so he can further study on it. That was it CVSA inspection or any other type of inspection. Is this can be the defense that no Inspection Report was provided? or Should driver ask in the further disclosure request?
in the disclosure, it says; e brake inoperative (foot operated) auto transmission. 3 attempts , 3 fails.
What does it mean? Does it tells that what kind of inspection it was and if the officer need to be certified? or inspection report should have been provided at the time of the stop?
82(6) does not apply...that is for an officer who wants a vehicle to attend for an inspection and such... The officer had the driver attempt to show the emergency brake was working 3 times...apparently it failed all 3 attempts...The officer does not need to be certified...the inspection report was not provided as the officer is not, in all likelihood, a certified inspector and it will be no defence that an inspection report was not provided...
82(6) does not apply...that is for an officer who wants a vehicle to attend for an inspection and such...
The officer had the driver attempt to show the emergency brake was working 3 times...apparently it failed all 3 attempts...The officer does not need to be certified...the inspection report was not provided as the officer is not, in all likelihood, a certified inspector and it will be no defence that an inspection report was not provided...
It would be nice to know how the test was conducted. Some officers idea of a test is to have the driver activate the parking brake then put the vehicle in gear to see if the parking brake is able to hold the vehicle in place at idle. Others will do the same except they instruct the driver to accelerate. One is the right way, one is the wrong way... the correct one is debatable. Has the regulation changed on this one recently?
It would be nice to know how the test was conducted. Some officers idea of a test is to have the driver activate the parking brake then put the vehicle in gear to see if the parking brake is able to hold the vehicle in place at idle. Others will do the same except they instruct the driver to accelerate. One is the right way, one is the wrong way... the correct one is debatable. Has the regulation changed on this one recently?
he just ask the driver to put the truck in drive (first) gear. Driver did that. The truck did not move and then officer asked the driver to press the accelerator, the truck moved when the accelerator was pressed. Officer not tell anything that what the defect is.
It appears the officer had them press accelerator
I am not a lawyer and I am not a paralegal and I do not give legal advice.
All statements made are my opinion only.
Had a trial date. It was 5 tickets all together along with the ones we discussed earlier in these posts. Prosecutor was withdrawing the charges on 3 tickets (which was minor without any points) but not other 2. One of them was accumulating 2 points on CVOR. No disclosure was provided before,......... so they provide the disclosure that day but give me that option also that I have to plead guilty on 2 tickets if I was. I did not plead guilty and request an adjournment based on, that I need to read the disclosure. Disclosure is only one page. (they give me three copies of the same page) Not explaining much, most of it has information of the driver and the vehicle. and only two lines about the inspection. (e brake n operator (can't properly understand the wording) then next line is; (Foot operator) auto transmission. 3 attempts--3 fails. How do I convince the prosecutor to not accumulating any points. I mean I really want to save 2 points.
Had a trial date. It was 5 tickets all together along with the ones we discussed earlier in these posts.
Prosecutor was withdrawing the charges on 3 tickets (which was minor without any points) but not other 2. One of them was accumulating 2 points on CVOR.
No disclosure was provided before,......... so they provide the disclosure that day but give me that option also that I have to plead guilty on 2 tickets if I was.
I did not plead guilty and request an adjournment based on, that I need to read the disclosure. Disclosure is only one page. (they give me three copies of the same page) Not explaining much, most of it has information of the driver and the vehicle. and only two lines about the inspection. (e brake n operator (can't properly understand the wording) then next line is; (Foot operator) auto transmission. 3 attempts--3 fails.
How do I convince the prosecutor to not accumulating any points.
I followed the procedures mentioned in the previous threads regarding the disclosure and received it today. My court date is November 5 2009 in Whitby. After going through the notes I realized 2 things:
1- the notes are horribly illegible and difficult to read
2- I have notes from two different officers.
Now I am not sure if this means that both the officers will be at court for the hearing or…
I hope I can paint the picture with the accuracy that the truth deserves. I have no intention of just beating a ticket.. but more like beating a really unfair ticket. You decide!
I had entered Canada after a short trip downsouth through Detroit on my way to Toronto. Not being equipped with a GPS unit I had to rely on the printable poorman's version from Mapquest. I followed Huron Church Rd.,…
Need an expert advice here. 10 days ago I got a speeding ticket. Ticket has a fatal error on its face-offense not known to law. It says speeding 75km/hr in posted 60km/hr zone. What is the best way to proceed?
1. Should I completely ignore this ticket and let the JP to quash it?
2. Should I go with option 3 - request a trial and force the fatal error by not showing up at court?
My name is Brian. I am in my late 20s and live in Toronto. I do not own a car but half a dozen times a year I rent one with my Visa. (To get out of the city and go to a beach or ski for example.)
I have never drunk and drive but I face a problem and Im wondering if anyone can tell me what to do. Several months ago I was at a weekend party and had quit a bit to consume. When I stopped…
I was travelling east bound on ellesmere road and approached markham road attempting to make a right turn. All signal lights were red and cars traveling down markham road south were given the green arrow. I slowed down and attempted to make the right turn. I got ticketed by a cop who was parked in a gas station facing the intersection in a (no parking zone). I…
Crested a hill, officer coming at me, pulled a u turn and pulled me over.
I will go back and look again but I thought I was in an 80 not a 70 and I am positive I wasn't doing more than 120. My speedo read 110-115. I have aftermarket tires and rims so I assume this would be the difference.
It was around 7pm, already dark, nobody on the road but myself,…
I am looking for the case law that is commonly used when the prosecution says they only need to disclose the testing pages of a radar manual or laser manual.
I am only interested in the binding decisions (appeals court or higher?), and not in the non-binding Justice of the Peace decisions.
I was pulled over two nights ago and charged with failing to stop a stop sign. On the ticket, it says 'disobey stop sign - foil to stop' and does not say 'fail' -- something I think may be a fatal flaw? I have been driving for 12 years with no tickets, yet I live in Brampton where insurance prices are high so I do not want to be convicted as my insurance rates will spike significantly and…
A friend of mine (who is from China and with no knowledge of English at all) asked me to interpret for him on court.
He got pulled over by a stealth patrol car last october, got 3 tickets (fail to show insurance card, using cell phones and fail to stop on right for emergency vehicle) , court date is next week. He told me his insurance expired for less than a month and other charges are false…
I understand the severity of my offences, and I can't stress how much I regret it. I know I endangered the lives of myself and more importantly others. I usually do not speed and I know running late for work is an unacceptable excuse. I will be a man and accept the consequences of my actions although I would appreciate any advice for my situation.
Guys back in january i got a speeding ticket on dvp, but i am 90% sure he did not caught me on radar, i asked for disclosure request and i just received today, I have asked for: a full copy of the police officers notes, a copy of both sides of the officers copy of the ticket, witness will say statements, speed gun manual, calibration record, repair history and officer's training certificate but…
I need some help here. So today I was on my way to get my tires changed from my winter tires to my regular summer staggered set of tires. I was driving in mississauga on my way to my destination, I got pulled over by an officer where I was given a ticket for having improper mudguards. For some context, I drive a stock 2013 C63 AMG with winter tires at the time. I was never…
I'd like to start this off by saying for the last two weeks I have been browsing the forums. I'm trying to prepare myself for an early resolution meeting with a prosecutor (in Brampton, if that matters). I have a clean record and as a teacher, I always do my best to follow rules (trying to practice what I preach!)
On December 4, 2014 I was preparing to turn right at a very busy intersection.…
I have question, today I was going to work in my normal route there is a triangle intersection with my side being the only one with a stop sign.
There's a car in front me who stopped at the stop sign, and the third-side there's a incoming car with their hazard-light flashing but they don't have stop sign, yet coming in at a slow speed.
Right after the car in front me went through the stop sign,…
On my way to work this morning I received a ticket for disobey sign. I was on Hwy 10 Mississauga in the right lane. The right lane leads to the 401 and there is a sign saying Right Lane Exits. I Tried to merge left before the on ramp as did 3 other people. We all got a ticket for doing that. Is there anything I can do? I did not realize I was breaking any law it was a dotted line where I tried to…
This is my first post, before I jump right in I would like to thank the forum, members, posters and moderators for all the information posted. I feel like I have been able to learn a lot from others experiences, so thank you all.
This will be a lengthy post. But if you are dealing with a Disobey Sign HTA 182(2) - No Straight Through Intersection you may find this extremely…
Let me start this with saying that this isn't in regards to a ticket, more a discussion surrounding front license plates and learning about the rules behind them. (Most of the quote stuff is using colloquial terms, mostly because I couldn't really find a better way to describe it; it's not meant to be offensive.)
I know Ontario law/HTA mandates having a front license plate unlike some States in…
Hi Guys! I've just had my trial day yesterday. I was not at fault but was convicted anyways.
It is such a travesty! There is no justice at the traffic court. It is just a no mercy machine to part someone with his money, no common sense applies and no reasonable argument being considered. Such a shame! The justice, the policeman and the prosecutor ganged up against me. The justice kept interrupting…
Well first of all ... glad to have found the forum - hoping to find answers to 'alot' of questions
I was unfortunate in July 2010 in that I ended up rolling my 2009 Ranger three times, through a fence and landing on the roof on a rained-out road that was/is in need of proper repair in Eastern Ontario.
I was assisted out of the vehicle by the driver who was behind me.
I was traveling down the 401, noticed a speed trap, and started flashing my lights -- in order to warn oncoming drivers.
Within a 30 seconds, a car slowed, crossed the grass, and approached me from behind. Lights appeared, and I then realised that this was an officer in an undercover car.
The officer pulled me over, and while he was polite, clearly his motivation was to…
Does anyone know the specific law, statute, Charter right to refer to when a prosecutor or justice attempts to change the charge on a ticket after a trial has begun? I assume I'd object immediately (without interrupting anyone, of course) but what would be the specific legal basis of my objection?
I was right behind a school bus that looked like it was pulling over to the side in order to turn down a side street, I saw no lights so decided to go around (wide street). Was still moving as I was passing, then as I did pass I heard horn and looked back and in fact it was pulling over to p/u school kids (was a block away from my son's school, so just assumed it wouldn't be picking up kids...it…