Got a ticket yesterday for "Insecure Load" contrary to HTA Sec 111(2). $160. I was pulling a utility trailer in which I had loaded a steel and wood cabinet. Total length of cabinet is 57.5". 14.75" (1/4 of the cabinet) was sticking out over the side of the trailer at about a 45 degree angle, the rest (3/4) was inside the trailer. The trailer has sides 24" high. I didn't have a tie-down or bungee or rope or anything and I was only going 5KMs. Any ideas?. :?:

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INSECURE LOAD TICKET - ANY IDEAS?

by: Eddie57 on

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Re: INSECURE LOAD TICKET - ANY IDEAS?

Do you have any pictures of the trailer and load? Can you recreate the images? Pictures are worth a thousand words........Video may help too, take the trailer and load over some bumps.....etc....

Eddie57 wrote:

Just got my court date, Dec 22/09. Any more input / ideas?? I'll post how I make out.

Do you have any pictures of the trailer and load? Can you recreate the images? Pictures are worth a thousand words........Video may help too, take the trailer and load over some bumps.....etc....

http://www.OHTA.ca OR http://www.OntarioTrafficAct.com
Eddie57
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Re: INSECURE LOAD TICKET - ANY IDEAS?

Yup, got the camera out as soon as I got home and took pics of the trailer and load from all angles, along with tape measure showing how large the load was and how much was sticking over the trailer side.

Yup, got the camera out as soon as I got home and took pics of the trailer and load from all angles, along with tape measure showing how large the load was and how much was sticking over the trailer side.

Eddie57
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Re: INSECURE LOAD TICKET - ANY IDEAS?

Just came back from the court house. Went armed with my defence (as we discussed here) and pictures. Saw the officer was there. Spoke to the prosecutor as does everyone before the judge comes into the courtroom. Explained my position - that the load (cabinet) was 3/4 inside the trailer and 1/4 was up over the 2 foot side, that it was secure, and the law does not require the load to be tied down if the load is in no danger of dislodging etc. She stated that she would debate that it has to be tied down. I told her my interpretation of HTA Sec 111(2) was "..... loaded [OR] bound [OR] secured [OR] contained or covered .. key words being OR OR OR. I think that made her unsure. She asked if I was CVOR which I am not. After that she WITHDREW the charge. Guess she didn't want to risk a Loss against her trial record Thanks all for your advice and input. MERRY CHRISTMAS!!

Just came back from the court house. Went armed with my defence (as we discussed here) and pictures. Saw the officer was there. Spoke to the prosecutor as does everyone before the judge comes into the courtroom. Explained my position - that the load (cabinet) was 3/4 inside the trailer and 1/4 was up over the 2 foot side, that it was secure, and the law does not require the load to be tied down if the load is in no danger of dislodging etc. She stated that she would debate that it has to be tied down. I told her my interpretation of HTA Sec 111(2) was "..... loaded [OR] bound [OR] secured [OR] contained or covered .. key words being OR OR OR. I think that made her unsure. She asked if I was CVOR which I am not. After that she WITHDREW the charge. Guess she didn't want to risk a Loss against her trial record

Thanks all for your advice and input. MERRY CHRISTMAS!!

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Re: INSECURE LOAD TICKET - ANY IDEAS?

Congratulations on your win! Merry Christmas. :D

Congratulations on your win!

Merry Christmas. :D

* 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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Re: INSECURE LOAD TICKET - ANY IDEAS?

Excellent

Excellent

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Re: INSECURE LOAD TICKET - ANY IDEAS?

Congrats on an easy win! Shows what coming prepared can do to prosecution's cases.

Congrats on an easy win! Shows what coming prepared can do to prosecution's cases.

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

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viper1
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Re: INSECURE LOAD TICKET - ANY IDEAS?

Way to go. Cheers Viper1

Eddie57 wrote:

Just came back from the court house. Went armed with my defence (as we discussed here) and pictures. Saw the officer was there. Spoke to the prosecutor as does everyone before the judge comes into the courtroom. Explained my position - that the load (cabinet) was 3/4 inside the trailer and 1/4 was up over the 2 foot side, that it was secure, and the law does not require the load to be tied down if the load is in no danger of dislodging etc. She stated that she would debate that it has to be tied down. I told her my interpretation of HTA Sec 111(2) was "..... loaded [OR] bound [OR] secured [OR] contained or covered .. key words being OR OR OR. I think that made her unsure. She asked if I was CVOR which I am not. After that she WITHDREW the charge. Guess she didn't want to risk a Loss against her trial record

Thanks all for your advice and input. MERRY CHRISTMAS!!

Way to go.

Cheers

Viper1

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JohnDeere
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Re: INSECURE LOAD TICKET - ANY IDEAS?

plates shouldn't be black lettered on a jeep

plates shouldn't be black lettered on a jeep

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