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.
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
I personally think its 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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