are cops subject to the HTA too?

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Julio
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are cops subject to the HTA too?

by: Julio on
Sat Sep 22, 2012 7:07 pm

After the officer established and charged me with driving while suspended, he asked me to drive the vehicule a couple meters further down the road to a safer position? Also he gave me and my toddler a ride home, but he didnt want me to bring in my car seat! Aren't those major infractions?

For info on why i was driving while suspended, you can refer to this topic: http://www.ontariohighwaytrafficact.com/topic4778.html


paul1913
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by: paul1913 on
Sat Sep 22, 2012 11:51 pm

Making you move to a safer spot is quite easily to articulate. So if he made you call a cab and you have to pay for that, would you think one would complain about him / her not having a heart ...

My 2 cents


Julio
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by: Julio on
Sun Sep 23, 2012 7:47 am

i dont think compassion has anything to do with (3) The driver of a motor vehicle on a highway is required to ensure that a toddler passenger is secured as set out in subsection (6). O. Reg. 195/05, s. 1.

And I have seen people get charged with "driving" while suspended even when they were just sitting in a car with the keys in the ignition.


Stanton
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by: Stanton on
Sun Sep 23, 2012 11:19 am

Police are subject to the Highway Traffic Act, but there are many exemptions for them.

In regards to seat belts, they are covered under both the Highway Traffic Act and the Regulation 613. It can be found here: http://www.canlii.org/en/on/laws/regu/r ... g-613.html

The regulation exempts police or their passengers from being belted.

As for directing you to move your vehicle to another location, police do have the authority to direct traffic. While you may be under suspension, the safety justification is something Courts readily accept and understand.


Julio
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by: Julio on
Tue Sep 25, 2012 9:08 am

found it thanks, although the exemption for subsection 8 is as follows:

8.1 (1) The following are exempt from complying with subsections 8 (2), (3) and (4):

1. The driver of a taxicab, bus or public vehicle, while transporting a passenger for hire.

2. The driver of an ambulance.

3. Revoked: O. Reg. 236/09, s. 3 (1).


Im not sure wether or not we can consider a police cruiser as a vehicle for hire though.


Stanton
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by: Stanton on
Tue Sep 25, 2012 10:14 am

Julio wrote:Im not sure wether or not we can consider a police cruiser as a vehicle for hire though.
They're not. It's section 2 and 3 of the regulation.

2. A police officer or peace officer who in the lawful performance of his or her duty is transporting a person in his or her custody is exempt from subsections 106 (2), (3) and (4) of the Act.
3. A person who is in the custody of a police officer or peace officer is exempt from subsection 106 (3) of the Act.




daggx
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Posting Awards

by: daggx on
Tue Sep 25, 2012 3:57 pm

Julio wrote:So he committed an offence by transporting my child without a car seat which I offered to?
No, the regulation that Stanton posted says that a police officer and any passengers he is transporting are exempt from the seat belt provisions of the Highway Traffic Act, including the section requiring child seats.


OPS Copper
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by: OPS Copper on
Tue Sep 25, 2012 6:01 pm

Love it. Cop does not tow the vehicle, which they could have done at your expense. Cop give you a ride home which he did not have to do and yet your complaining.

So you save possibly hundreds of dollars and you are complaining.

And people wonder why cops have stopped cutting the public slack or become black and white when it comes to enforcement.

Go ahead and be sure to bring your complaint up in court and see how much sympathy the prosecutor will then cut you. I am guessing that they will figure since the cop cut you a huge break on the side of the road that they will fight to impose the maximum penalties. That is what they tend to do here when people complain about something that should have cost them cash. Ie: fighting tickets when they also got two or three roadside warnings.

OPS




Julio
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by: Julio on
Tue Sep 25, 2012 6:31 pm

Thanks for the heads up copper. But im not complaining about the ride, im merely inquiring about his refusal to put the car seat. And im not complaining in court, im but trying to understand my rights, privileges and duty on a forum on the internet. this is all new to me after 15 years of being licenced and driving. im not looking for compassion nor am i emotional about it.


Julio
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by: Julio on
Tue Sep 25, 2012 6:45 pm

OPS Copper wrote:Cop does not tow the vehicle, which they could have done at your expense. (...)
And here's why I feel the need to inquire about my rights because you cant trust the guy wearing black shoes and white socks to tell you on the side of the road. You cannot get towed for suspension for unpaid fines.






Julio
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by: Julio on
Tue Sep 25, 2012 7:44 pm

paul1913 wrote:You most certainly can tow the vehicle. I have countless times. The majority of the time I offer the driver to get someone there to drive it.
Not unless they were suspended by court order or by criminal code convictions. If you did, they could successfully appeal and you might have some explanation to do since your office would have to reimburse any towing and storage costs.

source: http://www.mto.gov.on.ca/english/safety ... lity.shtml
Effective December 1, 2010, drivers caught driving with a driver’s licence that is already under a specific Highway Traffic Act (HTA) suspension(s) - including default of family support, but not including suspensions for defaulted fines or medical conditions* will have the vehicle they are driving impounded for seven days.


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