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  [ 33 posts ]  Go to page Previous  1, 2, 3
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

Author Message
PostPosted: Mon Mar 15, 2010 8:30 am 
Offline
Sr. Member

Joined: Thu Aug 27, 2009 10:06 pm
Posts: 354
Oh where to begin

HTA

33. (1) Every driver of a motor vehicle or street car shall carry his or her licence with him or her at all times while he or she is in charge of a motor vehicle or street car and shall surrender the licence for reasonable inspection upon the demand of a police officer or officer appointed for carrying out the provisions of this Act. R.S.O. 1990, c. H.8, s. 33 (1).

Plus failing to identify is an arrestable offense in Ontario

C.A.I.A

Operator to carry insurance card

3. (1) An operator of a motor vehicle on a highway shall have in the motor vehicle at all times,

(a) an insurance card for the motor vehicle; or

(b) an insurance card evidencing that the operator is insured under a contract of automobile insurance,

and the operator shall surrender the insurance card for reasonable inspection upon the demand of a police officer. R.S.O. 1990, c. C.25, s. 3 (1).

Excluded driver to carry insurance card


HTA

Permit to be carried

(5) Subject to subsection (6), every driver of a motor vehicle on a highway shall carry,

(a) the permit for it or a true copy thereof; and

(b) where the motor vehicle is drawing a trailer, the permit for the trailer or a true copy thereof,

and shall surrender the permits or copies for inspection upon the demand of a police officer. R.S.O. 1990, c. H.8, s. 7 (5).


HTA

48. (1) A police officer, readily identifiable as such, may require the driver of a motor vehicle to stop for the purpose of determining whether or not there is evidence to justify making a demand under section 254 of the Criminal Code (Canada). 2007, c. 13, s.


So yeah we ca stop a vehicle for no other reason as to demand to see the DL, permit, and proof of insurance.

And we do it all the time and it is legal

ops


Top
 Profile  
 
PostPosted: Mon Mar 15, 2010 11:22 am 
Offline
Member

Joined: Tue Dec 30, 2008 12:24 am
Posts: 107
CoolChick wrote:
Actually this is not strictly true...

If the officer is acting as a PEACE officer.. he needs to have seen you breaching the peace. Therefore he needs PROBABLE CAUSE,

If he is acting as a POLIC (Y) E ENFORCEMENT officer he is looking to contract with you to issue a ticket for revenue services. This will be the purpose of the stop... in other words if you have not been observed breaching the HTA it is a case of entrapment.

Furthermore, in order to obtain a contract with you he needs you to provide a name that the government has certified as belonging to you ... in other words your corporate (yes you read that right) name and your date of birth as stated on the government document that confirms you as a corporation. I dont know about you...but I wasn't able to determine what day or month or year it was when i was born, so I would imagine they wouldn't want hearsay !

Also the definition of DRIVER is an issue here. A DRIVER is someone who operates in commerce and therefore takes passengers for payment ie./ cabs, buses , trucks carrying produce for sale etc etc. A man who is operating an automobile for private purposes is actually simply 'travelling' and therefore is not operating in commerce. This is a fact as per the Bill of Rights and Freedoms. A traveller does not require a license to operate an automobile as he/she is not operating in commerce. Look into the Mennonites.. they do not require licences or photo ID... ask yourself why ???? Simply... they know their rights....


Probable cause does not exist in Canada-it's reasonable grounds and it has nothing to do with Provincial HTA offences. It applies to charges within the Criminal Code.

...................and the rest of what you said is nonsense.


Top
 Profile  
 
PostPosted: Mon Mar 15, 2010 12:19 pm 
Offline
Moderator
User avatar

Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2881
Location: Toronto
In response to CoolChick:

1. Most of what you are writing about is from the United States. Probable cause, Bill of Rights, are American concepts. We are in a country called "Canada." We have the Charter of Rights and Freedoms, and cruzmisl already covered reasonable grounds.
2. Mennonites/Amish do not drive motor vehicles. They use horses, for riding and to pull buggies, etc. A horse is a living, breathing animal - not a motor vehicle. You do not need a licence to ride a horse, but the rider is still subject to the HTA when on the road, same as bicycling.
3. You do need a licence to operate a motor vehicle. Any argument about "commerce" or not is BS and you will find, very quickly, that any attempt to introduce that in court will result in everyone in the room ROFL, followed by a quick conviction.

_________________
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 33 posts ]  Go to page Previous  1, 2, 3

All times are UTC - 5 hours [ DST ]


Related topics
 Topics   Author   Replies   Views   Last post 
There are no new unread posts for this topic. Halton Police's "Radar Taxi"

Marquisse

13

964

Tue Dec 01, 2009 8:21 pm

hwybear View the latest post

There are no new unread posts for this topic. "Military Police" markings - allowed?

cattlerepairman

5

1268

Tue Feb 08, 2011 5:53 pm

hwybear View the latest post

There are no new unread posts for this topic. "late filed by police officer" what else do I need to do?

cckwokchun

1

620

Mon Apr 16, 2012 3:44 pm

Stanton View the latest post

There are no new unread posts for this topic. Refusal to pay "Penalty" "Fine" Debt.

jasoncrosby

13

1236

Sat Aug 23, 2014 4:00 pm

viper1 View the latest post

There are no new unread posts for this topic. Definition of "traffic" and "Ticket"

canadaguy

5

757

Sat Apr 21, 2012 9:52 am

Radar Identified View the latest post

There are no new unread posts for this topic. "Disobey Sign" HTA 182(2) (Hwy 7 & Swansea Rd)

baklava

5

8291

Fri Apr 30, 2010 1:47 pm

Simon Borys View the latest post

There are no new unread posts for this topic. Officer wrote wrong date on "expired validation sticker"

Mckjeff

0

1005

Thu Aug 09, 2012 3:39 pm

Mckjeff View the latest post

There are no new unread posts for this topic. How is the fine amount decided for"Amber light fail to stop"

mangal

1

766

Mon Jan 28, 2013 6:43 am

tdottopcop View the latest post

There are no new unread posts for this topic. Red Light - plea bargain to "Disobey Lane Lights"??

SlickSilver

1

3417

Wed Nov 20, 2013 2:49 am

Sask View the latest post

There are no new unread posts for this topic. Combination of "vehicles" exceeds G Class license max wgt

OvrBoard68

4

3656

Tue Nov 12, 2013 1:06 pm

Passing Thru View the latest post

There are no new unread posts for this topic. Careless reduced to "Fail to Drive in Marked Lane" Guelph

ME AGAIN

2

229

Wed Jul 26, 2017 2:36 am

argyll View the latest post

There are no new unread posts for this topic. 144 in 100 - Hwy 403 "turnaround" radar?

[ Go to pageGo to page: 1, 2 ]

ponyboyt

15

1509

Wed Nov 04, 2009 2:18 pm

ponyboyt View the latest post

 


Who is online

Users browsing this forum: No registered users and 2 guests


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.