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Ontario Highway Traffic Act

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invalid permit
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PostPosted: Sat Oct 08, 2011 7:21 am 
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Joined: Sat Oct 08, 2011 6:45 am
Posts: 1
Hello everyone, I'm hoping that someone will be able to give me some advice. I was recently pulled-over for doing 6km/h...yes 6km/h over the speed limit. The officer asked for my licence and registration, then she returned to her car. She later returned with a ticket for driving without a currently validated permit and told me that it was because my permit did not have a current sticker on the back and acknowlwdged that I had a current sticker on my plate. I informed her that I recently moved, so this was an updated permit with my new address, so it didn't have a sticker on the back but it clearly shows an expiry date of my birthday next year (and is actually highlighted). She insited that I still needed the sticker, eventhough the people at the licencing office where I changed my address informed me that I didn't need the sticker because they updated the expiry date on the front.

I have since called the MTO to confirm that I do not need the sticker on the back because expiry date on the permit has not been reached. I have also confirmed with several friends that they have never received a new sticker when changing their address.

I fully plan to fight this, but was hoping that someone could give me some advice or point me to the appropriate section of the HTA to reference the fact that I do not need the sticker because I have never had a ticket or the need to go to court before.

Thanks.


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Re: invalid permit
PostPosted: Sat Oct 08, 2011 8:06 am 
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Joined: Tue Apr 22, 2008 7:21 am
Posts: 2933
Location: In YOUR rearview mirror!
This is the offence section:
HTA
7. (1) No person shall drive a motor vehicle on a highway unless,
(a) there exists a currently validated permit for the vehicle

This is the regulation which stipulates where the validation must be:
HTA OREG 628
6. 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

Just checked my permit - front does have a validation expiry, however the validation # on the face of the permit is one digit short compared to the sticker on the back of the permit and on the sticker on the licence plate. Further on back of permit it clearly states "validation stickers"

_________________
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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Re: invalid permit
PostPosted: Sat Oct 08, 2011 8:55 am 
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High Authority

Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
Whenever I’ve obtained a permit for a new motor vehicle, changed my address or replaced a lost ownership, there was no evidence of validation affixed to the back. The MTO always advised that the expiry and permit number printed on the front was sufficient. They simply don’t provide a new sticker unless it’s damaged, expired or lost.

I personally think it’s very unlikely the Crown would proceed to trial if you can reasonably explain why there is no proof of validation affixed to the plate. Makes sure you bring in the ownership to show the actual date of issue, etc.


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