service plate trouble

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blackbird
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service plate trouble

Unread post by blackbird on

I was driving in Innisfil a few days ago and was pulled over by the opp. The car i was driving had my yellow service plate on it, i presented the officer the permit for the plate, the insurance slip for the plate, and my drivers licence, everything was up to date. The car is not in my name and i did not have the ownership with me. I was given a ticket for failure to surrender permit for motorvehicle 7(5) (a). The officer also informed me that if he saw me with the plate on that vehical again he would seize the plate and charge me,(with what I have no idea?) Does any of this sound right?


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hwybear
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Unread post by hwybear on

Improper use of number plate / use plate not authorized for vehicle....something in that area...without looking it up.
*************************************************
HTA OREG 628
13.1 (1) Upon filing satisfactory evidence as to the need for it, a Service permit and number plate may be issued to a person engaged in the business of repairing, customizing, modifying or transporting trailers or motor vehicles other than motorcycles and motor assisted bicycles or to a person engaged in the business of manufacturing or selling trailers. O. Reg. 367/04, s. 3 (1).
(2) A Service number plate may be used on a trailer or motor vehicle other than a motorcycle or motor assisted bicycle only,
(a) for purposes related to the repair, road testing, customization or modification of the vehicle, if the vehicle is in the possession of the person to whom the Service permit corresponding to the Service number plate is issued; (OWNERSHIP changed over)
(b) for the purpose of transporting the vehicle by a person engaged in the business of transporting vehicles;
(c) for purposes related to the manufacture or sale of a trailer; or
(d) for the purpose of towing the vehicle by a person engaged in the business of transporting vehicles,
(i) to a location where its load will be removed as required by section 82.1 of the Act, or
(ii) to an impound facility pursuant to subsection 82.1 (19) of the Act. O. Reg. 367/04, s. 3 (1).

(3) A Service number plate may be used only on a commercial motor vehicle owned by or in the possession of the person to whom the Service permit corresponding to the Service number plate is issued and only,
(a) for purposes related to the repair, road testing, customization or modification of the commercial motor vehicle; or
(b) in the case of a person engaged in the business of transporting commercial motor vehicles, for purposes of transporting the commercial motor vehicle. O. Reg. 367/04, s. 3 (1).

(4) A Service number plate shall not be used on a vehicle, including a commercial motor vehicle, that is kept for private use or for hire. O. Reg. 367/04, s. 3 (1).

(5) Except as permitted by subclause (2) (d) (i), a Service number plate shall not be used on a commercial motor vehicle or trailer that is loaded with goods
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Out of all that...can not use a service plate for private use of the vehicle, registration/ownership of the vehicle has to have the same registered name to the service plate. If it's a commercial vehicle it can NOT have a load of any kind.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


blackbird
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Unread post by blackbird on

A Service number plate may be used on a trailer or motor vehicle other than a motorcycle or motor assisted bicycle only,
(a) for purposes related to the repair, road testing, customization or modification of the vehicle, if the vehicle is in the possession of the person to whom the Service permit corresponding to the Service number plate is issued; (OWNERSHIP changed over)

It seems to me that according to the above rule i was issued the ticket incorrectly since the officer was presented with a valid service permit and since the officer would not have had first hand knowlege as to the reasons for the vehical being tested, seizing the plates would be a violation of my rights. I would like file a formal complaint against the officer. What do you think of that.


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hwybear
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Unread post by hwybear on

You might have misinterpreted the section?

When stopped you would have to produce:
- driver's licence
- valid proof of insurance
- permit "plate portion" (this will correspond with the service plate)
- permit "vehicle portion" (this will correspond with the vehicle)

The permit "vehicle portion" registrant and the permit "plate portion" registrant have to be identical.

If it can be determined by the officer that the plates are being used unlawfully they can be seized.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


Legaleaze
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Unread post by Legaleaze on

A Dealer Plate/Permit can only be used on a vehicle that is part of the dealer's inventory (therefore owned by the dealer).

A Service Plate can be used on any vehicle within the class specified in the regulations and not just the plate/permit holder's inventory.

A Service Plate is not supposed to be used on a private vehicle, except in accordance with the regulations. Clearly a person may service his or her own private vehicle and not just vehicles belonging to others. So if the vehicle is not otherwise plated it's ok to use it to test drive, transport etc.

The discretion to use the Service Plate falls under the control of the plate/permit holder. Contrary to popular belief (led by ignorance) the police cannot second-guess the service plate holder.

A peace officer cannot pull you over and say....what are you doing with that service plate...well I don't agree with you...I think you're using it for some other reason....here's a ticket. If he or she is dimwitted enough to do that...sooner or later the officer will end up in a malicious prosecution civil action for commencing a prosecution without probable cause and out of malice or some clearly improper purpose.


Notwithstanding, in the example given above - the failure to produce the vehicle's ownership is an offence that has nothing to do with the use of the Service Plate...so the ticket appears to be proper.


Fast
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Unread post by Fast on

I really dont understand this rule where service plate cant be used for private use, there is insurance payed every year on it , its just isnt right , all the people i know use it for private use , thats how it should be , i dont really see what cops can do to you.


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hwybear
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Unread post by hwybear on

Legaleaze wrote: A Service Plate can be used on any vehicle within the class specified in the regulations and not just the plate/permit holder's inventory..
Still must be owned by the person who owns the service plate.....

HTA OREG 628
13.1 (2) A Service number plate may be used on a trailer or motor vehicle other than a motorcycle or motor assisted bicycle only,

(a) for purposes related to the repair, road testing, customization or modification of the vehicle, if the vehicle is in the possession of the person to whom the Service permit corresponding to the Service number plate is issued;

************
13.1(4) A Service number plate shall not be used on a vehicle, including a commercial motor vehicle, that is kept for private use or for hire
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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hwybear
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Unread post by hwybear on

Fast wrote:I really dont understand this rule where service plate cant be used for private use, there is insurance payed every year on it , its just isnt right , all the people i know use it for private use , thats how it should be , i dont really see what cops can do to you.
A service plate is just that....to obtain service on a vehicle. So a business that owns many vehicles does not have to physically register plates to each car to legally take them on the road to test them. The business just has to own the vehicle and can put the business "service plate" on it.

The insurance most likely covers the business for what it does.... selling/servicing vehicles, not personal use? Opposite of personal vehicles where we sign stating our own vehicle won't be used for business use.

What can be done for those that do not comply can be a variety of things, pending the situation...
- use plate not authorized for vehicle
- use plate not in accordance with Act
- use plate not in accordance with Regulations
- permit use of plate not in accordance with Act
- permit use of plate not in accordance with Regulations

All above are arrestable offences HTA 217(2)
Vehicle can be held until the dispostion of the case HTA 217(4)
Fines from $140 - $1000, imprisonment for up to 30 days, licence suspension up to 6 months
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


cruzmisl
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Unread post by cruzmisl on

There are yellow and black plates and red and white plates. What's the difference. Do they both fall under the same regulations?


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hwybear
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Unread post by hwybear on

cruzmisl wrote:There are yellow and black plates and red and white plates. What's the difference. Do they both fall under the same regulations?
Dealer plate = white with red letters
Service plate = yellow with black letters

All plates/permits fall under OREG 628
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


gphilly22
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Unread post by gphilly22 on

For those of you who are late to this topic, like myself, I believe the information above may have been incorrectly interpreted. Particularly this, in regards to SERVICE PLATES (yellow plates):

(2) A Service number plate may be used ...
(a) for purposes related to the repair, road testing, customization or modification of the vehicle, if the vehicle is in the possession of the person to whom the Service permit corresponding to the Service number plate is issued; *(OWNERSHIP changed over)*

The meaning of the word "possession" does NOT mean change of ownership of the vehicle. It should be taken as simple possession. For example, a mechanic may be road testing a vehicle for his client in order to provide him with a Safety certificate before the client can register the vehicle as road-safe. It's clear that the mechanic whom the service plate was issued to (or his employees) would not have to change the ownership of the client's vehicle to his own name. By the mechanic taking the vehicle for road-testing by the consent of the client, that would constitute possession.


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Unread post by Cap on

scenario - friend of mine had a late 90's car and said he needed to drive it around a bit in order for it to pass the e-test. He had a buddy who is a mechanic and let him put a service plate on his car to drive it around. Plate registered to mechanic's business but the vehicle registered to my friend. Would this be allowed or is this using the plate not in accordance with the act?


jsherk
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Unread post by jsherk on

I would say NO it is not allowed because the vehicle is NOT in the possession of the person to whom the Service permit corresponding to the Service number plate was issued.

The mechanic or one of the mechanics employees can drive the vehicle around with the service plate, but the owner of the vehicle can NOT drive it around with the service plate.




+++ This is not legal advice, only my opinion +++


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