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Ontario Highway Traffic Act

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Got a 110$ ticket because I had my sticker on the bottom...
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PostPosted: Wed Jan 20, 2010 6:48 pm 
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Hi. Im new here and just wanted the input of anyone that could help/give advice that could help.

Last week on Saturday (actually sunday morning) at about 12:20am their was five cops stopping everyone (RIDE PROGRAM).

Anyways the cop told me to pull over. He asked for my driver license and insurance and ownership. He then ask me if my first language is french and I said yes so he started to talk to me in french. From that point I knew he was planning on writing me a ticket because I never had a cop that ask me if i speak french.......

He then went to his crusier for about 10 minutes and then came back while all the other 4 cops left (I guess they needed to write one more ticket for their quota and then go eat donuts)

I showed him my back plate with the sticker on the bottom left side and he said it has to be on the top right side.

He asked me why I put it there and he saw the old one on the top right and I explained to him that it is because it would not stick (it would slide) so I decided to put it on the bottom left so it stays on the plate.

He than gave me the ticket and I politely told him that I was stop last year in summer by a opp (RIDE PROGRAM) and the police looked at my back plate, asked me if I was drinking and then said have a good night.

On the ticket it said that I broke the law..
Section 7(1)(c)(i) which I posted below...

7. (1) No person shall drive a motor vehicle on a highway unless,

(a) there exists a currently validated permit for the vehicle;

(b) there are displayed on the vehicle, in the prescribed manner,

(i) number plates issued in accordance with the regulations showing the number of the permit issued for the vehicle, or

(ii) number plates described in subsection (7.2) if the vehicle is an historic vehicle and the Ministry has issued a currently validated permit for it; and

(c) evidence of the current validation of the permit is affixed, in the prescribed manner, to,

(i) one of the number plates mentioned in subclause (b) (i) displayed on the vehicle, or

(ii) to a mini-plate attached to the number plate exposed on the rear of the vehicle, if number plates described in subsection (7.2) are displayed on the vehicle. R.S.O. 1990, c. H.8, s. 7 (1); 2000, c. 29, s. 1 (1).

I have pleaded not guilty since this is the first time I received a ticket in the 11 years that I have been driving and the law does not state that I technically broke the law.

I know some readers may say that the letter that comes with the sticker said to do so, but it is not actuall binding law, the highway traffic act is.

Any tip or advice would help. I alradyy plan to bring the section on law that I have posted to court.

Ho yeah he also told me to get another sticker they would give me one (yeah right 7$) and I got to get a new one anyways for 74$ in by march once i do the emmision test.

Im going to bring that in court as well.


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PostPosted: Wed Jan 20, 2010 8:02 pm 
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Location: Guelph, Ontario
The only way to argue with a cop is at the courthouse.

You cannot be found not guilty if you do not plead not guilty.

http://www.ontario.ca/en/services_for_r ... l02_155923 shows the proper position of the validation sticker.

Someone might know better if there exists a regulation about that. Just because something is not in the OHTA does not mean that it is not present elsewhere, such as an OReg XYZ.

However, I want to set your mind at ease, because this is not a moving violation, it will not affect your insurance rates, win or lose.

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"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com


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Re: Got a 110$ ticket because I had my sticker on the bottom
PostPosted: Thu Jan 21, 2010 5:32 am 
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antq wrote:
On the ticket it said that I broke the law..
Section 7(1)(c)(i) which I posted below...

7. (1) No person shall drive a motor vehicle on a highway unless,
(c) evidence of the current validation of the permit is affixed, in the prescribed manner, to,
(i) one of the number plates mentioned in subclause (b) (i) displayed on the vehicle


Prescribed manner is found in HTA OREG 628
9. (1) Evidence of validation issued for use on a number plate shall be affixed,
(a) where the permit is for a commercial motor vehicle, in the upper right corner of the number plate exposed on the front of the motor vehicle; and
(b) in all other cases, in the upper right corner of the number plate exposed on the rear of the motor vehicle

Everytime someone gets a new validation sticker there is a photo on the paper (where the sticker peels from) showing a person where to properly place the validation

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Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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PostPosted: Thu Jan 21, 2010 11:31 am 
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well thanl you for your advice guys. I pleaded not guilty since i talked to a retired opp officer and he said if you have a perfect record (never had a ticket) and explain to the judge that you only put the sticker on the lower bottom left because it would not stick on the top right and as well that the officer did not charge you with the right section on the highway traffic act (which he did) then he said the judge will probably drop the charge.

He told me if the officer would charge you with the right section in the highway traffic act then you would probably have no chance to have it dismissed


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PostPosted: Thu Jan 21, 2010 1:24 pm 
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"Drive motor vehicle, validation improperly affixed" is correct offence under 7(1)(c)(i)

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Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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PostPosted: Thu Jan 21, 2010 8:43 pm 
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As for your next sticker, use some rubbing alcohol/Windex to clean the old sticker from grit and grease to make the new one stick.

_________________
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com


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PostPosted: Thu Jan 21, 2010 9:15 pm 
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Well i check the regulation 628 and your right. As someone that took a course in parralegal it should of been something that i would of looked at but i am just got so frustrated (and still am) for something so rediculous from my point of view anyways. I never had a cop last year (in summer from the ride program) that gave me a warning about the sticker. They would just look at my back plate and say have a good night sir.

And when a ex opp tells me that it is the law but for someone with a clean driving record for 11 years (soon to be 12)

Anyways i will still go to court with a plea of not guilty and like the ex opp said if the judge is in a good mood that day and sees that you have a clean driving he may give me a break for this time.

From my 2 cents why doesnt ontario do like quebec. No sticker required on the plate. Opps my bad , i forgot, the opp wouln t be able to give tickets for that anymore

Thank you everyone for all you help. I appreciate it. :)


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PostPosted: Fri Jan 22, 2010 6:02 am 
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antq wrote:
From my 2 cents why doesnt ontario do like quebec. No sticker required on the plate. Opps my bad , i forgot, the opp wouln t be able to give tickets for that anymore


Nor would the police give a ticket if persons read directions and picture and followed same in application of a sticker.

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Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


Last edited by hwybear on Fri Jan 22, 2010 6:15 am, edited 1 time in total.

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PostPosted: Fri Jan 22, 2010 6:09 am 
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racer wrote:
As for your next sticker, use some rubbing alcohol/Windex to clean the old sticker from grit and grease to make the new one stick.


do that every year. It also prevents theft of your sticker. The multiple stickers on top can be easily "lifted" in one piece....but when the sticker is directly on the plate the odds of a complete removal without pulling apart is slim to none.

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Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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PostPosted: Fri Jan 22, 2010 7:59 am 
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I had to crazy glue my sticker on this year, got dirty the first time I tried to put it on.....

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