Our website is made possible by displaying online advertisements to our visitors.
Please consider supporting us by disabling your ad blocker.

Ontario Highway Traffic Act

Discuss the Ontario Highway Traffic Act.


Post Your Traffic Ticket, and Get Help!


The Ontario Traffic Ticket Forum!


All times are UTC - 5 hours [ DST ]




Post new topic Reply to topic  [ 6 posts ] 
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

DMV NO CURRENTLY VALIDATED PERMIT
Author Message
PostPosted: Wed May 20, 2015 1:32 pm 
Offline
Newbie

Joined: Wed May 20, 2015 1:25 pm
Posts: 2
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,


Top
 Profile  
 
Re: DMV NO CURRENTLY VALIDATED PERMIT
PostPosted: Wed May 20, 2015 4:21 pm 
Offline
Moderator

Joined: Wed Sep 19, 2012 1:44 am
Posts: 1064
For the regulation, click here

Relevant portion to your charge:

Quote:
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.


Top
 Profile  
 
Re: DMV NO CURRENTLY VALIDATED PERMIT
PostPosted: Wed May 20, 2015 4:42 pm 
Offline
Newbie

Joined: Wed May 20, 2015 1:25 pm
Posts: 2
bend wrote:
For the regulation, click here

Relevant portion to your charge:

Quote:
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?


Top
 Profile  
 
Re: DMV NO CURRENTLY VALIDATED PERMIT
PostPosted: Wed May 20, 2015 5:18 pm 
Offline
Sr. Member
User avatar

Joined: Fri Oct 11, 2013 5:46 pm
Posts: 279
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.


Top
 Profile  
 
Re: DMV NO CURRENTLY VALIDATED PERMIT
PostPosted: Wed May 20, 2015 6:06 pm 
Offline
Moderator

Joined: Wed Sep 19, 2012 1:44 am
Posts: 1064
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...

Quote:
[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.


Top
 Profile  
 
Re: DMV NO CURRENTLY VALIDATED PERMIT
PostPosted: Wed May 20, 2015 8:53 pm 
Offline
Moderator
User avatar

Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2881
Location: Toronto
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. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 6 posts ] 

All times are UTC - 5 hours [ DST ]


Related topics
 Topics   Author   Replies   Views   Last post 
There are no new unread posts for this topic. DMV "no currently validated permit"

Mrfabulousmax

3

724

Mon Mar 23, 2015 11:13 am

hwybear View the latest post

There are no new unread posts for this topic. no currently validated permit

qsuss

2

1547

Tue Dec 28, 2010 3:59 pm

qsuss View the latest post

There are no new unread posts for this topic. No validated permit HTA (7) (1) (a)

Observer135

11

1221

Thu Feb 11, 2016 3:18 pm

argyll View the latest post

There are no new unread posts for this topic. No Validated Permit, but for suspicious reasons

lociccase

7

1008

Sun Jan 29, 2012 10:34 pm

Stanton View the latest post

There are no new unread posts for this topic. No currently validated permit ticket (fleet vehicle)

oj777

5

1049

Wed Feb 19, 2014 11:29 pm

JohnDeere View the latest post

There are no new unread posts for this topic. Drive Motor Vehicle, No Currently Validated Permit ticket

Jofa

8

9740

Fri Jan 27, 2012 8:36 pm

Stanton View the latest post

There are no new unread posts for this topic. "Fail to have insurance card & No validated permit

Cyd

6

1001

Thu May 21, 2015 2:10 pm

Stanton View the latest post

There are no new unread posts for this topic. "Drive Motor Vehicle No Validated Permit" offense

yasirkhi

3

2827

Thu Mar 14, 2013 3:08 pm

yasirkhi View the latest post

There are no new unread posts for this topic. Validated Stcker

sankan

1

362

Thu Jan 01, 2015 10:27 pm

Stanton View the latest post

There are no new unread posts for this topic. Failure to submit permit? What's required in car re: permit?

picus

14

2777

Wed Nov 26, 2008 5:53 pm

picus View the latest post

There are no new unread posts for this topic. No Permit

alygator

2

277

Tue Nov 15, 2016 7:13 pm

alygator View the latest post

There are no new unread posts for this topic. Address on permit

KK

4

441

Wed Mar 24, 2010 2:23 am

CoolChick View the latest post

 


Who is online

Users browsing this forum: Bing [Bot], Yahoo [Bot] and 1 guest


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
Web Development & Search Engine Optimization
Home | Court Listings | Ontario Traffic Ticket

Copyright 2007 - 2017 © Microtekblue Inc. Web Development & Search Engine Optimization Service. We Support phpBB All Rights Reserved.