mirrors too small

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anthony bono
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mirrors too small

Unread post by anthony bono on

i got a ticket the cop said mirrors too small it is a dentist mirror and reflects clearly behind me showing cars and lights should i fight it need to know asap ticket 66(1)(b) says nothing about size


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Slyk
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Unread post by Slyk on

Was section 66b the one you were charged with on the ticket?

If so, they would have to establish that your mirrors did not afford you a clear view of the roadway and/or vehicles behind you" (I'm paraphrasing).

Or that they were placed in a manner wherein this would be difficult.

What type of vehicle were you driving?
SLYK
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"Bad laws are the worst sort of tyranny." - Edmund Burke"

"Never forget that everything Hitler did in Germany was legal" - MLK Jr.


anthony bono
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Unread post by anthony bono on

it was 66(1)(b) he stood about 8 feet behind my bike and held up his hand and said i cant see this i said that is my blind spot and he said iwill see u in court becouse he gets overtime


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Slyk
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Unread post by Slyk on

anthony bono wrote:it was 66(1)(b) he stood about 8 feet behind my bike and held up his hand and said i cant see this i said that is my blind spot and he said iwill see u in court becouse he gets overtime
Was it a motorcycle? Because if I'm not mistaken sec. 66 deals with vehicles that are NOT motorcycles. So should be an easy win.
SLYK
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"Bad laws are the worst sort of tyranny." - Edmund Burke"

"Never forget that everything Hitler did in Germany was legal" - MLK Jr.


ZeroConvictions
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Unread post by ZeroConvictions on

Hello, Long time lurker here. Decided I should contribute as best as I can.
OHTA wrote: Windshield wiper, mirror

66. (1) Every motor vehicle other than a motorcycle shall be equipped with,

(a) a device for cleaning rain, snow and other moisture from the windshield so constructed as to be controlled or operated by the driver;

(b) a mirror or mirrors securely attached to the vehicle and placed in such a position as to afford the driver a clearly reflected view of the roadway in the rear, or of any vehicle approaching from the rear. R.S.O. 1990, c. H.8, s. 66 (1).
So if you were charged with 66(1)(b). When you go to court - which seems that the officer only wants/needs the overtime pay... you just point to the fact that 66(1) states 'OTHER THAN A MOTORCYCLE' and you're done.

HOWEVER!!!! Depending on the Crown - they may point to section 2
OHTA wrote: Exception

(2) Clause (1) (b) applies to all motorcycles except those manufactured in or imported into Canada before the 1st day of January, 1971. R.S.O. 1990, c. H.8, s. 66 (2).
Here is where some pros may want to voice in.... If section 66(2) was not included in the charge - can a defense be "I am only prepared to make full answer against the charges 66(1)(b) and was not charged with 66(2)..." OR is an 'Exception' an included kind of thing?

Sounds like the cop will show...


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Slyk
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Unread post by Slyk on

ZeroConvictions wrote:Hello, Long time lurker here. Decided I should contribute as best as I can.
OHTA wrote: Windshield wiper, mirror

66. (1) Every motor vehicle other than a motorcycle shall be equipped with,

(a) a device for cleaning rain, snow and other moisture from the windshield so constructed as to be controlled or operated by the driver;

(b) a mirror or mirrors securely attached to the vehicle and placed in such a position as to afford the driver a clearly reflected view of the roadway in the rear, or of any vehicle approaching from the rear. R.S.O. 1990, c. H.8, s. 66 (1).
So if you were charged with 66(1)(b). When you go to court - which seems that the officer only wants/needs the overtime pay... you just point to the fact that 66(1) states 'OTHER THAN A MOTORCYCLE' and you're done.

HOWEVER!!!! Depending on the Crown - they may point to section 2
OHTA wrote: Exception

(2) Clause (1) (b) applies to all motorcycles except those manufactured in or imported into Canada before the 1st day of January, 1971. R.S.O. 1990, c. H.8, s. 66 (2).
Here is where some pros may want to voice in.... If section 66(2) was not included in the charge - can a defense be "I am only prepared to make full answer against the charges 66(1)(b) and was not charged with 66(2)..." OR is an 'Exception' an included kind of thing?

Sounds like the cop will show...
Either way, it sounds like the cop was being rediculous. Factory mirrors on my CBR and R6 were pretty small also. The law doesn't say anything about being able to see a cop standing 8 feet behind you. People are taller and narrower than cars and the road. The law says the mirrors have to give you an unobstructed view of the road and the cars behind you and if you say they do, then I think that should be enough.

Car mirrors have blind spots and I think this ticket is frivolous. If he had parked his cruiser behind you and asked "can you see that?" it would have been a legitimate test, but "can you see my hand" is a ridiculous test. That's what shoulder checks are for.
SLYK
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"Bad laws are the worst sort of tyranny." - Edmund Burke"

"Never forget that everything Hitler did in Germany was legal" - MLK Jr.


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Reflections
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Unread post by Reflections on

If what the officer said was true, all vehicles with blind spots would fall into this catagory........ wait all vehicles have blind spots....... everyone park you cars and walk to work.
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


anthony bono
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Unread post by anthony bono on

thanks i will fight it my bike is a custom harley i have been pulled over atleast 8 times and no othrt cop said anything they just chuckled at it if anyone has a specific case i could site in court i would apprecite it thanks all


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hwybear
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Unread post by hwybear on

http://www.tc.gc.ca/eng/acts-regulation ... iv-111.htm

To meet the Canadian - Motor Vehicle Safety Standards

Motorcycles

(13) Every motorcycle shall have, mounted on each side so that the horizontal centre of each reflective surface of the mirror is at least 280 mm (11 inches) outward from the longitudinal centreline of the motorcycle,
(a) a rearview mirror with not less than 80 cm2 (12.5 square inches) of reflective surface area; or
(b) a convex rearview mirror with not less than 64.5 cm2 (10 square inches) of reflective surface area and an average radius of curvature that is not less than 510 mm (20 inches) and not greater than 1 800 mm (71.5 inches).

*****
IMO - lucky plates not seized, towed for being a unsafe vehicle




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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