Hi OHTA forums, I got pulled over for disobey the "No Heavy truck" sign, on the ticket it say Highway traffic act Section 182(2), but I think I didn't disobey the "No Heavy Truck" sign, because my truck was loaded with delivery items(which at the time it was under 5 tonnes), I didn't request for disclosure, the cop that pulled me over didn't even check my truck to see if it is over 5 tonnes. So in this case if I provide the information on how heavy my truck is can I win the case? Also I didn't see the "No heavy truck" Sign until I left turn into the road(I made a left turn into a "No Heavy truck" sign road, I was 3 car away from the traffic light and there was left turn signal when I turned it) With these two supports, which one do you guys think it will likely to win the case? Your help is appreciated Paul

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Disobey Sign Section 182(2)

by: ppstream1 on

22 Replies

argyll
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Re: Disobey Sign Section 182(2)

So your truck is an 8 ton truck, right ? Am I missing something ?

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 ?

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ppstream1
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Re: Disobey Sign Section 182(2)

My truck's can take up to maximum of 8 ton, but when it is unloaded its around 3.2t

My truck's can take up to maximum of 8 ton, but when it is unloaded its around 3.2t

argyll
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Re: Disobey Sign Section 182(2)

So therefore in excess of 3 tons which meets the criteria of the section.

So therefore in excess of 3 tons which meets the criteria of the section.

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ppstream1
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Re: Disobey Sign Section 182(2)

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

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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Re: Disobey Sign Section 182(2)

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.

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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Re: Disobey Sign Section 182(2)

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.

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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Re: Disobey Sign Section 182(2)

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?

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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Re: Disobey Sign Section 182(2)

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.

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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