Need Advice On Ticket For Improper Braking System

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monica
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Need Advice On Ticket For Improper Braking System

by: monica on
Wed Sep 26, 2018 4:01 pm

I received a ticket for improper braking system for $110 under Highway Traffic Act 64 (1) and am seeking advice.
I drove for an hour and a half from Bancroft to Bracebridge and made several stops along the way and my brakes were working perfectly fine. Once I arrived in Bracebridge, I was coming down a hill and toward a traffic light, flowing with the traffic and preparing to stop. I am sure I was going under 40km/hour. I put my foot on the brake and it was suddenly squishy and I bumped the car in front of me. The only damage on my vehicle was on my licence plate and the car in front had some damage to her bumper but it did not look serious. She insisted on calling police and her insurance company instead of exchanging information so I could pay for her bumper.
I called CAA and had my van towed to a garage as I was now leaking quite a bit of brake fluid. The mechanic replaced a flex hose and said there's no way of knowing that a flex hose is going to go until it goes.
I was issued a ticket for having an improper braking system. Does that not imply that I would have been deliberately driving with faulty brakes? Is there anything I can do about this? My brakes were operating just fine until I tried to stop going down a hill and my flax hose went on the rear left side. I was driving responsibly and within the speed limit.


whaddyaknow
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by: whaddyaknow on
Wed Sep 26, 2018 4:58 pm

64. (1) Every motor vehicle, other than a motorcycle, when driven on a highway shall be equipped with at least two braking systems, each with a separate means of application and effective on at least two wheels, one of which shall be adequate to stop the vehicle as required by regulations made by the Ministry and the other of which shall be adequate to hold the vehicle stationary. R.S.O. 1990, c. H.8, s. 64 (1).
Seems to me like an easy one to beat, if it's worth your time vs. money. Your vehicle is equipped as required, a system failed, the section doesn't say that you as a driver need to be aware of the operational status of these systems at all times.

On the other hand, consider that the officer may have cut you a bit of a break (pardon the pun) instead of charging you with careless driving, which can happen in rear-end collision cases.

BTW, if your vehicle had leaked substantial brake fluid the red brake light should have been on, was it?


monica
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by: monica on
Wed Sep 26, 2018 6:40 pm

The fluid leak and my brake lights going on happened after the accident. The flex line went and in that moment my foot went right to the floor and I bumped the car in front of me. I noted the fluid leak afterward, which is why I called CAA and had a tow. The mechanic agreed that my brakes were likely working correctly and the flex line just went in that moment.


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