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  [ 23 posts ]  Go to page 1, 2  Next
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

INSECURE LOAD TICKET - ANY IDEAS?
Author Message
PostPosted: Thu Jul 16, 2009 2:34 pm 
Offline
Newbie

Joined: Thu Jul 16, 2009 1:53 pm
Posts: 7
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?. :?:


Top
 Profile  
 
PostPosted: Thu Jul 16, 2009 7:12 pm 
Offline
Moderator
User avatar

Joined: Tue Apr 22, 2008 7:21 am
Posts: 2933
Location: In YOUR rearview mirror!
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

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


Top
 Profile  
 
Re: INSECURE LOAD TICKET - ANY IDEAS?
PostPosted: Fri Jul 17, 2009 7:59 am 
Offline
Moderator
User avatar

Joined: Fri Apr 11, 2008 2:49 pm
Posts: 1490
Location: somewhere in traffic
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??

_________________
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


Top
 Profile  
 
PostPosted: Fri Jul 17, 2009 11:34 am 
Offline
Newbie

Joined: Thu Jul 16, 2009 1:53 pm
Posts: 7
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.


Top
 Profile  
 
PostPosted: Fri Jul 17, 2009 1:33 pm 
Offline
Moderator
User avatar

Joined: Fri Apr 11, 2008 2:49 pm
Posts: 1490
Location: somewhere in traffic
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"........

_________________
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


Top
 Profile  
 
PostPosted: Fri Jul 17, 2009 9:38 pm 
Offline
Moderator
User avatar

Joined: Tue Apr 22, 2008 7:21 am
Posts: 2933
Location: In YOUR rearview mirror!
Reflections wrote:
.. you might as well yell "Donut Sale"........


:shock: :shock: Did someone call ?? :shock: :shock:

:lol: :lol:

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


Top
 Profile  
 
PostPosted: Fri Jul 17, 2009 9:42 pm 
Offline
Sr. Member
User avatar

Joined: Thu Feb 26, 2009 11:45 am
Posts: 709
Location: Orillia
8 hours late...think Bear needs to go back to OPC. :wink:

_________________
         Image


Top
 Profile  
 
PostPosted: Fri Jul 17, 2009 9:59 pm 
Offline
Moderator
User avatar

Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2881
Location: Toronto
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. :shock:

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.


Top
 Profile  
 
PostPosted: Sat Jul 18, 2009 9:01 am 
Offline
Moderator
User avatar

Joined: Tue Apr 22, 2008 7:21 am
Posts: 2933
Location: In YOUR rearview mirror!
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, manufacturer’s 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).

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


Top
 Profile  
 
PostPosted: Sat Jul 18, 2009 10:46 pm 
Offline
Newbie

Joined: Thu Jul 16, 2009 1:53 pm
Posts: 7
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.


Top
 Profile  
 
PostPosted: Sun Jul 19, 2009 12:25 pm 
Offline
Moderator
User avatar

Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2881
Location: Toronto
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.


Top
 Profile  
 
PostPosted: Sun Jul 19, 2009 12:48 pm 
Offline
Moderator
User avatar

Joined: Tue Apr 22, 2008 7:21 am
Posts: 2933
Location: In YOUR rearview mirror!
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!

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


Top
 Profile  
 
PostPosted: Sun Jul 19, 2009 4:19 pm 
Offline
Moderator
User avatar

Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2881
Location: Toronto
Well... I guess if the plates are black-lettered the defence I thought of is out the window for sure!


Top
 Profile  
 
PostPosted: Mon Jul 20, 2009 10:19 am 
Offline
Newbie

Joined: Thu Jul 16, 2009 1:53 pm
Posts: 7
Thanks both. Plates are NOT black-lettered. The suggested defence ideas are great - along the lines of what I was thinking.


Top
 Profile  
 
PostPosted: Wed Sep 02, 2009 6:07 pm 
Offline
Newbie

Joined: Thu Jul 16, 2009 1:53 pm
Posts: 7
Just got my court date, Dec 22/09. Any more input / ideas?? I'll post how I make out.


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 23 posts ]  Go to page 1, 2  Next

All times are UTC - 5 hours [ DST ]


Related topics
 Topics   Author   Replies   Views   Last post 
There are no new unread posts for this topic. Ridiculous Insecure Load Ticket

ace1975

6

3006

Tue Feb 17, 2009 11:36 pm

Reflections View the latest post

There are no new unread posts for this topic. INSECURE LOAD

STANE

1

608

Mon Apr 06, 2015 9:54 am

Radar Identified View the latest post

There are no new unread posts for this topic. Insecure load-cmv

ticketedinhamilton

6

1020

Thu Oct 31, 2013 1:10 pm

JohnDeere View the latest post

There are no new unread posts for this topic. Attachment(s) Insecure load - open for discussion

[ Go to pageGo to page: 1, 2, 3 ]

riggyzomba

33

1379

Fri Feb 10, 2017 2:42 pm

OTD Legal View the latest post

There are no new unread posts for this topic. in secure load ticket

Kefrm

3

645

Tue Jun 17, 2014 9:28 pm

hawaii View the latest post

There are no new unread posts for this topic. Driver charged $240 ticket for 'unsecured load' of snow

Whenaxis

5

547

Sun Mar 05, 2017 6:23 pm

Zatota View the latest post

There are no new unread posts for this topic. 87km/h in a 50km/h. Any ideas?

terror96

3

528

Fri May 07, 2010 6:07 pm

Traffic Law View the latest post

There are no new unread posts for this topic. Ideas how to Improve Highway Safety

tdrive2

11

502

Sat Jan 17, 2009 4:27 pm

tdrive2 View the latest post

There are no new unread posts for this topic. 209km/hr with Insecure Toddler

hwybear

3

1076

Wed May 27, 2009 6:30 pm

admin View the latest post

There are no new unread posts for this topic. UNSECURE LOAD, SEC.111, ART.2

tilek

6

6914

Sat Apr 12, 2008 11:51 am

tilek View the latest post

There are no new unread posts for this topic. Charged with unsecure load at the landfill site

apapa1

3

938

Wed May 04, 2011 12:34 pm

Stanton View the latest post

There are no new unread posts for this topic. Un-secure load..Chunk of something breaks off flatbed

watch_for_CN_trucks

2

820

Mon May 16, 2011 11:33 pm

Simon Borys View the latest post

 


Who is online

Users browsing this forum: Google [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.