While I keep the plate on my motorcycle in the stock location, plenty of my fellow riders either position the plate underneath the tail (it is still visible from behind) or they mount them sideways on the swingarm. Which section do they get charged under for such practices? 13(3)?
Subsection (1) defines the term used in subsection (2). You can pretty much substitute the definition from subsection (1) into subsection (2): "No person shall drive on a highway a motor vehicle that is equipped with or that carries or contains any device or equipment designed or intended for use in a motor vehicle to warn the driver of the presence of speed measuring equipment in the vicinity and includes any device or equipment designed or intended for use in a motor vehicle to interfere with the effective operation of speed measuring equipment."
Subsection (1) defines the term used in subsection (2). You can pretty much substitute the definition from subsection (1) into subsection (2):
"No person shall drive on a highway a motor vehicle that is equipped with or that carries or contains any device or equipment designed or intended for use in a motor vehicle to warn the driver of the presence of speed measuring equipment in the vicinity and includes any device or equipment designed or intended for use in a motor vehicle to interfere with the effective operation of speed measuring equipment."
The odd thing about this section is it says "carries or contains" a speed warning device. But most cops say it's OK to carry it in the trunk, say, if an American visits Ontario with one. I see no provision in the statute which would allow one to transport it in the trunk.
The odd thing about this section is it says "carries or contains" a speed warning device. But most cops say it's OK to carry it in the trunk, say, if an American visits Ontario with one. I see no provision in the statute which would allow one to transport it in the trunk.
MODS...can one of you move the post from tdrive2 down to the SMWD section...this is not related to plates....thanx ************************************************* If I have grounds a MV has a SMWD I will be searching for it and seize it when found! If I stop the MV for another violation and I see the SMWD in plain view I also will seize it. Other than that, how would an officer know it is in the trunk? I have stopped MV before and they have opened their trunk for a licence etc and the SMWD is in there. I find that reasonable they have taken appropriate steps to comply with Ontario law and not be using the device. See, I do have a heart!!
MODS...can one of you move the post from tdrive2 down to the SMWD section...this is not related to plates....thanx
*************************************************
If I have grounds a MV has a SMWD I will be searching for it and seize it when found! If I stop the MV for another violation and I see the SMWD in plain view I also will seize it.
Other than that, how would an officer know it is in the trunk? I have stopped MV before and they have opened their trunk for a licence etc and the SMWD is in there. I find that reasonable they have taken appropriate steps to comply with Ontario law and not be using the device. See, I do have a heart!!
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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