DMV NO CURRENTLY VALIDATED PERMIT

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meezy
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DMV NO CURRENTLY VALIDATED PERMIT

by: meezy on
Wed May 20, 2015 1:32 pm

Hi all,

Basically I was driving my fathers car a few nights ago when I was stopped for improper headlights. I guess I hadn't noticed one of them wasn't working but that's beside the point. The officer pulled me over, asked to see my license, registration and insurance. I responded duly and handed everything to him. When he came back he wrote me up the ticket for the headlights (which I saw coming) but he also gave me a DMV NO CURRENTLY VALIDATED PERMIT ticket. He said the registration was expired but I know it's valid until my father's birthday which is still a month away. He said I didn't have the appropriate sticker at the bottom but as far as I know as long as it's still valid the sticker shouldn't be necessary. I spoke with my father and he said that he didn't receive the sticker for 2014 or 2015 when he renewed it for two years. Can someone please clarify this for me and guide me in the appropriate direction in terms of resolving this?

Thanks,


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by: bend on
Wed May 20, 2015 4:21 pm

For the regulation, click here

Relevant portion to your charge:
6. (1) A permit for a motor vehicle shall be validated by means of evidence of validation provided by the Ministry. O. Reg. 119/12, s. 1.

(2) Evidence of validation for a permit shall be affixed to a number plate for the vehicle in accordance with this Regulation, and the portion of the evidence of validation not intended for the number plate may be affixed in the appropriate space provided on the permit for the vehicle. O. Reg. 119/12, s. 1.
Maybe schedule an early resolution meeting as see what they are willing to do. I'm not sure what the regulation is exactly saying here in regards to the sticker meant for the back of the permit. Maybe someone else can chime in.


meezy
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by: meezy on
Wed May 20, 2015 4:42 pm

bend wrote:For the regulation, click here

Relevant portion to your charge:
6. (1) A permit for a motor vehicle shall be validated by means of evidence of validation provided by the Ministry. O. Reg. 119/12, s. 1.

(2) Evidence of validation for a permit shall be affixed to a number plate for the vehicle in accordance with this Regulation, and the portion of the evidence of validation not intended for the number plate may be affixed in the appropriate space provided on the permit for the vehicle. O. Reg. 119/12, s. 1.
Maybe schedule an early resolution meeting as see what they are willing to do. I'm not sure what the regulation is exactly saying here in regards to the sticker meant for the back of the permit. Maybe someone else can chime in.
Thanks for your response, just one more point. We didn't receive the validation stickers for 2014 & 2015 but shouldn't it popup on the officers computer that the permit is still valid?


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highwaystar
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by: highwaystar on
Wed May 20, 2015 5:18 pm

You simply need to rely upon the court decision of R. v. Isik. The court held that the sticker portion on the plate is mandatory, whereas the sticker portion on the permit is discretionary. So, if you had your validation sticker on the plate, then that's all that is absolutely necessary.


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by: bend on
Wed May 20, 2015 6:06 pm

meezy wrote:Thanks for your response, just one more point. We didn't receive the validation stickers for 2014 & 2015 but shouldn't it popup on the officers computer that the permit is still valid?
Whether or not the officer could have somehow come to the conclusion the permit was valid at the time of stop may be an irrelevant point if there is a regulation that details what makes a permit valid. Luckily for you, this regulation was modified in 2012. The old regulation required the sticker be applied on the back of the permit for validation. The new regulation uses the word "may", which led to my asking for other to chime in as it seemed like it was no longer necessary by the new wording.

Highwaystar provided a previous case where these questions were answered...
[25] There is evidence before this Court that there was a validation permit affixed to the number plate of the vehicle the defendant was operating. According to s. 6(2) of the above-noted Regulation, that is mandatory. With respect to affixing the validation not intended for the plate on the permit, appears to be discretionary. (A quick review of this section of the Ontario Regulation shows this to be the case from 2012. Prior to 2012 the section of the Regulation addressing the validation of the permit, then s. 6, read: A permit for a motor vehicle shall be validated by means of evidence of validation provided by the Ministry and affixed in the appropriate space provided on the permit.)

[26] The above leads the Court to conclude that the charge against Mr. Isik “Drive motor vehicle no validated permit” does not succeed. According to s. 6(2) of the Regulation governing permits makes the affixing of the currently permit on the plate mandatory (“shall”) but discretionary on the ownership (“may”). This in effect renders the charge “Drive motor vehicle without a validated permit invalid and consequently the Court must dismiss the charge.
So it looks like you're in luck.


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by: Radar Identified on
Wed May 20, 2015 8:53 pm

highwaystar wrote:You simply need to rely upon the court decision of R. v. Isik. The court held that the sticker portion on the plate is mandatory, whereas the sticker portion on the permit is discretionary. So, if you had your validation sticker on the plate, then that's all that is absolutely necessary.
That's some nice case law there.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
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