Heres my question:
Sectin 68 of the HTA.
In regards to Ontario legislating a new law into the act that commercial vehicles have a set speed limiter -heres what the MTO says
Police and MTO enforcement officers will use both existing traffic control techniques and portable electronic testing units to verify the activation of a vehicle speed limiter at 105 km/h maximum.
The use of portable electronic testing units will provide access to the vehicle engine data and confirm if the limiter has been activated at a speed of 105 km/h or less. It will be necessary for officers to plug into a data port located within the cab of the truck.
heres my question: does this not violate your charter of rights?--being necessary for the "officers" to have access inside the cab?
"the use of existing traffic control techniques---
okay, so im coming down a hill in a truck, and a cop clocks me at 112km
first, he can automatically asuume your truck DOESNT have the required speed limiter setting.
2) he requires access into the cab of the truck to plug in his module to verify the computer has been set.
BUT- first- I have no information that Local OR Provincial law enforcement carries the module and software for testing a trucks computer.
(Motor Carrier Enforcement does).
And secondly---does allowing the police into my vehicle for this test vilate your charter of rights?
Im waiting to see when the MTO or OPP actually lay a charge and see how the argument goes..
Any opinions here?
I wouldn't consider it a search, and anything he might see inside the cab would have been in plain view through the window anyways. If the plug was back in the living quarters, that would be different, but most of them are just around the steering column, no?
Don't some of the fancy newer trucks allow wireless hookups to the computer? I'm getting an idea...
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