Ridiculous Insecure Load Ticket

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ace1975
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Ridiculous Insecure Load Ticket

Unread post by ace1975 on

Hello,

Got a ticket Saturday for insecure load. The officer was a real jerk and unfair. I had nothing hanging out the sides and the load wasn't that high. Just taking some junk to the dump. I was doing 40 on Ashley St in Foxboro, 4 ways on taking my time and nothing was going to fall out. I'm thinking about fighting it. Anyone experienced this before?
Thanks very much for reading!!
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racer
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Unread post by racer on

1. Review your ticket for any mistakes. There is an exellent guideline for quashing tickets based on "fatal mistakes" made by one of our frequent poster, ticketcombat, here. You still have just under 2 weeks to send in your ticket with the "fighting" option, but you gotta do that by next Friday.
2. When you send in your ticket, also request disclosure to see officer's notes.

You can defend yourself based on the fact that
a. You had 4-way flashers
b. You were driving very slowly
c. Nothing fell out on the way to the junkyard!

Also:
Did you use any ropes, bungee cords, etc to secure the load?
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com
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ace1975
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Unread post by ace1975 on

I did have straps and used them after he asked me to. But the other two points are valid I think.

Thanks for the tips
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hwybear
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Unread post by hwybear on

Proper loading
111(2) No person shall operate upon a highway a motor vehicle that carries a load or draws a vehicle that carries a load unless the load is loaded, bound, secured, contained or covered so that no portion of the load may become dislodged or fall, leak, spill or blow from the vehicle.

plus this...

ONTARIO REGULATION 363/04

Securement of load (commercial motor vehicles LESS than 4500kgs = every pickup)
5. (1) A load carried on a commercial motor vehicle on a highway must be secured by means of,
(a) sides, sideboards or stakes and rear stakes, endgate or endboard that,
(i) are securely attached to the vehicle,
(ii) are strong enough and high enough to ensure that the load will not shift on or fall from the vehicle, and
(iii) have no opening large enough to permit any of the load to pass through;
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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racer
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Unread post by racer on

hwybear wrote:ONTARIO REGULATION 363/04

Securement of load (commercial motor vehicles LESS than 4500kgs = every pickup)
5. (1) A load carried on a commercial motor vehicle on a highway must be secured by means of,
(a) sides, sideboards or stakes and rear stakes, endgate or endboard that,
(i) are securely attached to the vehicle,
(ii) are strong enough and high enough to ensure that the load will not shift on or fall from the vehicle, and
(iii) have no opening large enough to permit any of the load to pass through;
This deals with commercial vehicles only though
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com
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hwybear
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Unread post by hwybear on

racer wrote:
hwybear wrote:ONTARIO REGULATION 363/04

Securement of load (commercial motor vehicles LESS than 4500kgs = every pickup)
5. (1) A load carried on a commercial motor vehicle on a highway must be secured by means of,
(a) sides, sideboards or stakes and rear stakes, endgate or endboard that,
(i) are securely attached to the vehicle,
(ii) are strong enough and high enough to ensure that the load will not shift on or fall from the vehicle, and
(iii) have no opening large enough to permit any of the load to pass through;
This deals with commercial vehicles only though
It specifically deals with commerical vehicle UNDER 4501kgs....which is every single pickup truck on the road in Ontario...black lettering plated vehicles.....even without the section.....sec 111(2) deals with the situation as well.....item does not have to fall off....the key word is "may" in the section
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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Reflections
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Unread post by Reflections on

the key word is "may" in the section
I think the wording should be "likely". If straps were used to hold down the load the the vehicle operator has performed his dudilegence.....If the officer wants he can follow a gravel truck and count the "tings" as the rocks bounce off the cruiser. Were the items in the truck larger and easily held down???




http://www.OHTA.ca OR http://www.OntarioTrafficAct.com
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