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?. ![]()
INSECURE LOAD TICKET - ANY IDEAS?
Re: INSECURE LOAD TICKET - ANY IDEAS?
Proper loading
111 (2) No person shall operate or permit to be operated upon a highway a motor vehicle that carries a load or draws a vehicle that carries a load unless the load is loaded, bound, secured, contained or covered so that no portion of the load may become dislodged or fall, leak, spill or blow from the vehicle
- Reflections
- High Authority

- Posts: 1489
- Joined: Fri Apr 11, 2008 2:49 pm
Re: INSECURE LOAD TICKET - ANY IDEAS?
Eddie57 wrote:
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?.
Did the loaded item fall from the trailer??? Did it look like it could fall from the trailer? How fast were you traveling and where??
Re: INSECURE LOAD TICKET - ANY IDEAS?
Thanks hwybear, I did look up the relevant section of the HTA.
Thanks Reflections. Nothing fell off the trailer, and as far as I'm concerned it did not look like it might. I was travelling about 20 kph with my 4-way flashers on just so that any bouncing from bumps in the road were minimal, on a stretch of Yonge Street in Richmond Hill around 12:30PM on a Tuesday ... not too many cars/traffic.
- Reflections
- High Authority

- Posts: 1489
- Joined: Fri Apr 11, 2008 2:49 pm
Re: INSECURE LOAD TICKET - ANY IDEAS?
Eddie57 wrote:
Thanks hwybear, I did look up the relevant section of the HTA.
Thanks Reflections. Nothing fell off the trailer, and as far as I'm concerned it did not look like it might. I was travelling about 20 kph with my 4-way flashers on just so that any bouncing from bumps in the road were minimal, on a stretch of Yonge Street in Richmond Hill around 12:30PM on a Tuesday ... not too many cars/traffic.
Still a major route, moving slow, with unstrapped cargo...... you might as well yell "Donut Sale"........
Re: INSECURE LOAD TICKET - ANY IDEAS?
Reflections wrote:
.. you might as well yell "Donut Sale"........
Did someone call ??
![]()
![]()
Re: INSECURE LOAD TICKET - ANY IDEAS?
8 hours late...think Bear needs to go back to OPC. ![]()
- Radar Identified
- High Authority

- Posts: 2881
- Joined: Mon Sep 08, 2008 8:26 pm
Re: INSECURE LOAD TICKET - ANY IDEAS?
Mmm.... donuts....
Reflections wrote:
Still a major route, moving slow, with unstrapped cargo......
Toronto Police would've also slapped on an unnecessary slow driving ticket. In that case, could come up with a defence to one or the other, but not both at the same time, given the scenario. ![]()
Eddie57, did the officer inspect the load and check to see if it could be dislodged? Have you been in similar situations before, as in, have you loaded things like that and know from that experience that they won't dislodge or fall out? (Helps in court, if it gets that far.)
You could try plea-bargaining to a lesser offence. See if there is a municipal by-law infraction they could offer you. Fighting it is a little harder, because it will likely come down to your word versus the officer's, but you might be able to win.
Re: INSECURE LOAD TICKET - ANY IDEAS?
Pending what type of vehicle was pulling the trailer. Black lettered licence plates will fall into this.....
Application of Part
4. This Part applies to commercial motor vehicles for which each of the gross vehicle weight, registered gross weight, manufacturers gross vehicle weight rating and gross combination weight rating is 4,500 kilograms or less. O. Reg. 363/04, s. 4.
Securement of load
5. (1) A load carried on a commercial motor vehicle on a highway must be secured by means of,
(a) sides, sideboards or stakes and rear stakes, endgate or endboard that,
(i) are securely attached to the vehicle,
(ii) are strong enough and high enough to ensure that the load will not shift on or fall from the vehicle, and
(iii) have no opening large enough to permit any of the load to pass through;
(b) at least one tiedown that meets the requirements of subsection 2 (1) for each 3.04 linear metres of lading or fraction thereof, and as many additional tiedowns that meet the requirements of subsection 2 (1) as are necessary to secure each part of the load, either by direct contact between the load and the tiedown or by contact between the load and dunnage; or
(c) any other means that prevents a load from shifting or falling that is similar to and at least as effective as the means specified in clause (a) or (b). O. Reg. 363/04, s. 5 (1).
(2) A tiedown or dunnage in contact with exterior, topmost items of a load and securely holding each interior and lower item shall be deemed to comply with the requirements for contact in clause (1) (b). O. Reg. 363/04, s. 5 (2).
(3) If the load may shift in transit, the load must be blocked, restrained or contained in such a manner that it will not shift in a forward direction when the vehicle decelerates at a rate of six metres per second per second or more and must be,
(a) securely blocked or braced against the sides, sideboards or stakes of the vehicle; or
(b) secured by devices that conform to the requirements set out in clause (1) (b) or (c). O. Reg. 363/04, s. 5 (3).
Re: INSECURE LOAD TICKET - ANY IDEAS?
Thanks all for the input.
Personal vehicle (my Jeep) was pulling the trailer.
Been hauling things all my life but not commercially. Have always "secured" items, even covering with tarps .... just this 1 time ....
. So I have reasonable experience.
Was York Regional cop since I'm in Richmond Hill - black stealth cop car at that. Didn't really check it out - just a quick looksee. After he handed me the ticket he asked if I had anything to tie the cabinet with. Since I'd just cleaned out the Jeep (I always carry all kinds of stuff in it), the only thing I had was a bandanna which I "dress" up the steering column with. The cop spotted it and said "what about that?". So I took it and tied in onto the cabinet and the trailer as the cop pulled a U-turn and drove off. That tells me he wasn't all that concerned.
- Radar Identified
- High Authority

- Posts: 2881
- Joined: Mon Sep 08, 2008 8:26 pm
Re: INSECURE LOAD TICKET - ANY IDEAS?
Well he might not show up for trial, but the info I have on the York Regional Police is that they tend to show up about 60% of the time or so. A plea-bargain could save you some dough, and I think you have some room to bargain here. Even if you get convicted, the insecure load doesn't net demerit points. I can't say for sure how it will affect your insurance in that case.
If you want a line of defence here, the best thing I can come up with is this: Basically emphasize you loaded it so it wouldn't dislodge, drove in a manner that wouldn't dislodge it as an added precaution, you know the route well and since you've been hauling stuff all of your life, you have prior experience that tells you this would've been safe and posed no risk to anyone. You can also state that you checked and verified it, and since the officer just did a "quick look-see," he didn't verify for himself that it was improperly loaded. Note that the law doesn't require it to be bound if it's "loaded" so it won't dislodge or fall. They could argue you were driving slowly to compensate for a possible improper load, but they didn't ticket you for slow driving. Not sure if it will work or not... Can't promise anything.
Re: INSECURE LOAD TICKET - ANY IDEAS?
Eddie57 wrote:
Personal vehicle (my Jeep) was pulling the trailer.
Been hauling things all my life but not commercially. .
Thats a major misconception.....personal vehicle means absolutely nothing...it is either the plates are black lettered or not!
- Radar Identified
- High Authority

- Posts: 2881
- Joined: Mon Sep 08, 2008 8:26 pm
Re: INSECURE LOAD TICKET - ANY IDEAS?
Well... I guess if the plates are black-lettered the defence I thought of is out the window for sure!
Re: INSECURE LOAD TICKET - ANY IDEAS?
Thanks both. Plates are NOT black-lettered. The suggested defence ideas are great - along the lines of what I was thinking.
Re: INSECURE LOAD TICKET - ANY IDEAS?
Just got my court date, Dec 22/09. Any more input / ideas?? I'll post how I make out.
- Reflections
- High Authority

- Posts: 1489
- Joined: Fri Apr 11, 2008 2:49 pm
Re: INSECURE LOAD TICKET - ANY IDEAS?
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....
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.
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!!
- Radar Identified
- High Authority

- Posts: 2881
- Joined: Mon Sep 08, 2008 8:26 pm
Re: INSECURE LOAD TICKET - ANY IDEAS?
Congratulations on your win!
Merry Christmas. ![]()
http://www.OntarioTicket.com OR http://www.OHTA.ca
- Reflections
- High Authority

- Posts: 1489
- Joined: Fri Apr 11, 2008 2:49 pm
Re: INSECURE LOAD TICKET - ANY IDEAS?
Excellent
Re: INSECURE LOAD TICKET - ANY IDEAS?
Congrats on an easy win! Shows what coming prepared can do to prosecution's cases.
"The hardest thing to explain is the obvious"
Ontario Traffic Ticket | Ontario Highway Traffic Act
Re: INSECURE LOAD TICKET - ANY IDEAS?
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
use at your own risk"
Re: INSECURE LOAD TICKET - ANY IDEAS?
plates shouldn't be black lettered on a jeep
Similar Topics
-
-
- Ridiculous Insecure Load Ticket
- Posted in General Talk
- By ace1975 on
- Replies: 6
-
-
-
- Insecure load-cmv
- Posted in General Talk
- By ticketedinhamilton on
- Replies: 6
-
-
-
- INSECURE LOAD
- Posted in General Talk
- By STANE on
- Replies: 1
-
-
-
- Insecure load - open for discussion
- Posted in General Talk
- By riggyzomba on
- Replies: 33
-
-
-
- Charged: insecure load Highway Traffic Act Section 111(2)
- Posted in Commercial Vehicle Safety Alliance (CVSA)
- By goatmilk4U on
- Replies: 1
-
-
-
- 87km/h in a 50km/h. Any ideas?
- Posted in Exceeding the speed limit by 30 to 49 km/h
- By terror96 on
- Replies: 3
-
-
-
- Ideas how to Improve Highway Safety
- Posted in General Talk
- By tdrive2 on
- Replies: 11
-
-
-
- 209km/hr with Insecure Toddler
- Posted in Stunt Driving
- By hwybear on
- Replies: 3
-
-
-
- in secure load ticket
- Posted in General Talk
- By Kefrm on
- Replies: 3
-
-
-
- Driver charged $240 ticket for 'unsecured load' of snow
- Posted in General Talk
- By Whenaxis on
- Replies: 5
-
-
-
- UNSECURE LOAD, SEC.111, ART.2
- Posted in General Talk
- By tilek on
- Replies: 6
-
-
-
- Charged with unsecure load at the landfill site
- Posted in General Talk
- By apapa1 on
- Replies: 3
-
-
-
-
Un-secure load..Chunk of something breaks off flatbed
- Posted in General Talk
- By watch_for_CN_trucks on
- Replies: 2
-
-
-
-
-
- Got ticket for going 129 km/h in QEW, any chance?
- Posted in Exceeding the speed limit by 16 to 29 km/h
- By shariat on
- Replies: 5
-
-
-
- speeding ticket any leg to stand on?
- Posted in Exceeding the speed limit by 30 to 49 km/h
- By Dar on
- Replies: 10
-
-
-
- Can I call to check if I got any red light ticket ?
- Posted in Red Light Camera Ticket
- By punk on
- Replies: 1
-
-
-
- Any help on 20 over speeding ticket?
- Posted in Exceeding the speed limit by 16 to 29 km/h
- By Jane Doe on
- Replies: 2
-
-
-
-
- Disobey sign ticket Wrong Way any help would be appreciated
- Posted in General Talk
- By Andre1997 on
- Replies: 3
-
Featured Topics
135km/h in a 90km/h zone on hwy 17
Here is my story.... On June 17, I was stopped on Hwy 17 in the Pembroke area for going 135km/h in a 90km/h zone. I know I was speeding to a certain degree but due to me being nervous when he clocked me, I didn't really check my speed.
So my story is that I was going at around the speed limit following two cars. When I had my first opportunity to pass (clear view, no cars, plenty of time to…
Careless Driving Ticket (No Accident, No Witnesses) 5/15/11
I was driving on Upper James (Hamilton) towards downtown,1130am and it was
raining, approaching Fennell Avenue and was going to make a right
turn. The light was red, and I was approaching the
intersection and preparing to yield to the traffic. As I got to the intersection an officer was driving through the intersection
and probably felt I wasn't going to stop. I didn't not skid or lose control of…
Defective Braking System: $110
pulled over leaving a survey in guelph. After arguing with the officer for about 10 minutes, he mentioned something being wrong with my truck. Told me to put on my emergency brake, and i did. Told me to put it in gear, and i did, truck did not move. Told me to hit the gas, and i did and the truck moved... i let off the gas and the truck stopped. he asked "is it all the way to the floor" and i…
Red Light Camera Ticket - Halton Hills - Need Advice.
So I got a ticket I plan on fighting i think. They ticket is $325 at the intersection of 9th line and 10th Side road Georgetown ON. I havent seen the picture yet but my parents told me in came in. The light had already been red fir 16.9 seconds before I went through!! Now Im thinking the Camera was not functioning properly because 16.9sec in that speed zone is TONS of time for stopping. Like, Im…
32 over reduced to 15 over
Was stoped by an officer going in the other direction allegedly I was going 92 in a 60 zone. Reduced the charge to 75 in a 60, which was nice. Also wrote me 110$ ticket for failing to sign the ownership in ink. Didn't make me sign it though, just gave it back to me (didn't care enough to solve the problem, just wrote the ticket).
The question is, I would pay the speeding ticket as it is now, but…
Right turn on red light while left trun green signal is on
My friend tried to turn right in Warden and Hwy 7 after he stopped completely on red light. He has given a ticket because the left turn green signal is on when he turn right on red light. It doesn't matter there is no traffic and safe to do so. Is it true that driver cannot turn right on red light if the left turn signal is on???
Court Date Tomorrow Need Advice...Suspended unpaid fine
Hi everyone,
Well I'll try to keep this short. My court date is tomorrow morning for driving while suspended and expired tag. I have paid the fine and got my licence back and renewed my plate since being pulled over. This all started over a speeding ticket. I made some payments and then got my licence suspended for not paying. I made arrangements to pay over a time period, and got my licence unsusp…
35 over and no license
Hi everyone,
On the morning of January 26th I was speeding like crazy.. but I feel like im in the right. I was on mayfield rd going west and past highway 410 and the speed was 80km. I kept going and then past heart lake road (an intersection) after the traffic light is 60 (supposdly) and then a km later was the opp officer waiting for me. He told me I was going 95 in a 60 zone... any defence at…
Inadequate Speed Limit Signage / Barrie
I just had my day in court trying to defend my wife against a speeding ticket ... of course no luck in court (found guilty), but the Officer testified (under oath of course) that there were speed limit signs posted every 900m along that section of the road (four lanes plus center turn lane, municipal area, 50km/h zone, no community safety zone, etc). This fact was not in his notes, and I must…
Advice on 78.1(1) Handheld Communication Device Ticket
This is my first time getting a traffic ticket and I would really appreciate advice on how to approach this.
I was stopped back in January and issued a ticket for "DRIVE - HANDHELD COMMUNICATION DEVICE". I requested disclosure, and received:
1) DVD with the police cruises dash cam video with audio
2) Police officers notes
The dash cam video does not show anything of value, and I am not visible at…
Wrongful Charge for Failure to Stop at Stop Sign...
I was coming home in the passenger seat with my wife driving.
My wife is a very good and careful driver with perfect record. As we were near home, there was a car parking at the corner under the stop sign. My wife stopped beside that vehicle and moved again. As we passed the stop sign we saw a police cruiser about 40 - 50 feet away from the corner, on the right, being blocked by the fence and…
79 in a 50, question about officer's notes
Hi all...I'm hoping I can get some clarification on a couple of questions I haven't been able to research myself.
In September I got a ticket for going 79 in a 50 zone at a speed trap.
I still need to request disclosure as I was waiting for my notice of trial which came in December and I was busy with the holidays in December so I'm just getting to it now - I'll send it tomorrow and court date is…
Fault determination - T bone
Just a quick question,
I just had an accident and trying to see what determination would be on insurance.
(I spoke to insurance and they can't give me a determination till tomorrow as the assessor had finished for the day)
(now bear in mind, It was very quick and my recollections are a bit fuzzy)
Scenario is I was driving on a road and at an intersection had a hard green and was going straight.…
148 (5) fail to turn out to avoid a collision
My daughter was driving my van behind a pick up truck. They were approaching an intersection with traffic lights when the truck in front of her suddenly swerved into the left turn lane to avoid a stopped vehicle. My daughter attempted to switch lanes as well but tagged the rear of the stopped vehicle with the front right of my van. She was subsequently charged with 148 (5) and interestingly…
chronic accident locations
i am trying to find out if there is any central repository for collision locations within Hamilton Area...I am trying to argue a case for a poorly designed exit ramp from the 403, and although I have heard anecdotally that the exit is a trap for repeated accidents and collisions, I am not sure where to find actual accident records that would support this notion. I have tried emailing the Hamilton…
Pulled plates
0115 at night coming home from work and I was pulled over for a head light out. I am 21 yrs old and the officer decided he should inspect my car in the dark with a small flashlight. He noticed a small crack in my windshield and then told me my tires were too worn. At this time he also wanted to inspect the interior of the car for drugs and alcohol, which I had NONE, as I would in a job were a…
A question about disclosure
I got a notice in the mail that trial is set four weeks from today, so it's time to request disclosure. I have zero chance of getting an 11b since trial is less than two months after the offense date and the officer did not reduce the charge. I really want to try and create delays on the trial, to reduce the chance of the officer showing up on multiple occasions. Is there any known loop-holes…
Weird day in court!
Thanks for such a great site. Thanks to all the people that take time to respond and post follow ups they are very helpful. So here is the deal.... I had a court date set for yesterday in Woodstock Ontario-I live in tToronto. I did use this iste and had all my preparation ready. i went to court and got there early. I go there at 1 oclock for the 2 oclock docket. Shortly after 2 oclock I noticed…
Offences/driving in Michigan
Thought I'd post some info about fines and traffic laws in the state of Michigan. A lot of Ontarians drive through Michigan; cities like Windsor, Sarnia and Sault Ste. Marie have residents who cross-border commute into Michigan (I used to be one of them); and of course there is the cross-border shopping. Michigan has full traffic-ticket reciprocity with Ontario. If you are convicted of an…
Alleged Collision - may face charge of leaving the scene
I just had an experience where I had a cyclist ride off of the sidewalk in front of my car at a corner. I managed to stop, she went by me. She was looking backwards screaming at me and lost her balance, mostly due to the grocery bags on her handle bars. She fell in the other lane. I got out to see if she was okay. She had a scraped knee, but was fine. She said she was okay so I left. The police…
Fail to yield left turn traffic on a green light
Recently, I got a ticket for disobey sign. (Fail to yield left turn traffic on a green light).
When I got pull over, I cannot find my permit and insurance paper which I got another 2 tickets for.
But when I got home, I found that my wife put the permit and insurance paper inside her sun glass case (in the car)
which I had not search.
I decided I will pea not guilty on these 2 cases.
I know the first…
Speeding 60 in a 40 km/h zone, Court date rescheduled
I'm new to the site and I though I'd share my experience in court and perhaps gain some advise on how to proceed.
I attended court for a 60 in a 40 zone, officer was parked on the side of the road and got me on a radar facing the rear window.
I mail in a disclosure request and it is ready a few weeks before my trial date. I was under the impression that the crown would mail me atleast a notice…
Unnecessary Noise Section 75 (4)
Hello Everyone,
Last week I was driving home from college in the sauga area. I drive a 1995 Chevy Monte Carlo v6 which I've owned since 2000, I really haven't done anything to the car except tinted windows (not completely darken) and some rims, and Nothing Engine wise. Anyway I look in my rear view mirror and out of no where i see cherry flashing. When pulled over the officer asked do you…
Talking on Cellphone new fine
Hey All,
I have a question. I was driving recently and was caught and charged under the distracted driving law as someone called me. It mentions I have 15 days to pay but I want to consider my options. I also read in the newspaper that the set fine of $155 will be going up March 18th.
Would this apply to me if I pay after March 18 or only to those caught after this date? Thanks a lot everyone for…
Provincial/Federal Jurisdiction and Deputization
I have a question about Ontario/Quebec provincial jurisdiction. There is a previous similar post to jurisdiction within Ontario but I'm curious about cross-provincial jurisdiction.
I was recently pulled over by a Gatineau police constable in Ottawa. The City of Gatineau cruiser was parked on the Ontario side of the Ontario/Quebec border and was using License Plate Recognition cameras to search…
