Our website is made possible by displaying online advertisements to our visitors.
Please consider supporting us by disabling your ad blocker.

Ontario Highway Traffic Act

Discuss the Ontario Highway Traffic Act.


Post Your Traffic Ticket, and Get Help!


The Ontario Traffic Ticket Forum!


All times are UTC - 5 hours [ DST ]




Post new topic Reply to topic  [ 6 posts ] 
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

Since it's hockey season...
Author Message
PostPosted: Sat Nov 01, 2008 10:36 am 
Offline
Moderator
User avatar

Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2881
Location: Toronto
Don't drink and then drive a Zamboni... or anything else for that matter...

http://www.canada.com/windsorstar/story ... 3c3d9cca81

:shock:


Top
 Profile  
 
PostPosted: Sat Nov 01, 2008 11:29 am 
Offline
Sr. Member

Joined: Thu Oct 16, 2008 4:57 pm
Posts: 256
Location: Planet X
Funny story.

It claims a New Jersey driver had his charged dismissed because a Zamboni isn't a motor vehicle. Under our Criminal Code, however, it meets the definition of a motor vehicle. Section 253 is not restricted to highways, either. Therefore, this is a valid charge and I'm betting she'll be convicted.

But since impaired operation of a motor vehicle isn't restricted to highways, could an operator of a radio controlled car, boat or helicopter who causes an accident, and possibility an injury to another person, be charged with impaired operation of a motor vehicle?

_________________
Without Justice there's JUST US


Top
 Profile  
 
PostPosted: Sun Nov 02, 2008 7:49 am 
Offline
Member
User avatar

Joined: Sat Jun 07, 2008 8:14 pm
Posts: 109
Location: Caledonia, Ontario
lawmen wrote:
...since impaired operation of a motor vehicle isn't restricted to highways, could an operator of a radio controlled car, boat or helicopter who causes an accident, and possibility an injury to another person, be charged with impaired operation of a motor vehicle?

I'd think such a charge would be possible. The criminal code is careful to talk about the "seat or position," as in "where it is proved that the accused occupied the seat or position ordinarily occupied by a person who operates a motor vehicle, vessel or aircraft or any railway equipment or who assists in the operation of an aircraft or of railway equipment, the accused shall be deemed to have had the care or control of the vehicle, vessel, aircraft or railway equipment, as the case may be." Someone manipulating a radio-control box is in position to run the thing.

I once actually saw a radio-controlled model airplane being flown on airport property zoom up and nail the wing of a sailplane coming in to land. Extensive damage to sailplane, model airplane totalled, no injuries, angry pilot. That was in Colorado and I don't know the outcome of the legal case, if there was one, but I've always thought that radiohead had "care and control of a motor vehicle."

There acouple of interesting instances, one Canadian, at http://lawiscool.com/tag/definition-of-motor-vehicle/

Or is there something in the OHTA or the CC of C that restricts the definition of "motor vehicle" to a device that contains or supports a person?


Last edited by Proper1 on Mon Nov 03, 2008 7:06 am, edited 1 time in total.

Top
 Profile  
 
PostPosted: Sun Nov 02, 2008 11:13 pm 
Offline
VIP
User avatar

Joined: Wed Nov 14, 2007 8:27 pm
Posts: 959
Location: Guelph, Ontario
Does that mean I can bike home from a bar? Sweet :lol: !

_________________
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com


Top
 Profile  
 
PostPosted: Mon Nov 03, 2008 10:27 am 
Offline
Sr. Member
User avatar

Joined: Tue Jan 22, 2008 9:38 pm
Posts: 632
Location: Stratford, Ontario
Sheeez! Now I gotta' be sober on my LAWN MOWER, too, I 'spose!!
(clicky)http://www.youtube.com/watch?v=gVsYODvtPEI


Top
 Profile  
 
PostPosted: Thu Nov 06, 2008 12:19 am 
Offline
Moderator
User avatar

Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2881
Location: Toronto
Quote:
I once actually saw a radio-controlled model airplane being flown on airport property zoom up and nail the wing of a sailplane coming in to land. Extensive damage to sailplane, model airplane totalled, no injuries, angry pilot. That was in Colorado and I don't know the outcome of the legal case, if there was one, but I've always thought that radiohead had "care and control of a motor vehicle."


The person operating the radio-controlled airplane would be responsible for numerous violations under the US Federal Aviation Regulations (otherwise referred to as 14 CFR). The sailplane is covered under those regs and creating a hazard to its flight is a serious offence. The operator of the model airplane was obligated to keep it out of the path of aircraft using the airport.

In Canada, radio-controlled aircraft/helicopters are covered under the Aeronautics Act. If they're less than 35 kgs, they're "model" aircraft and most of the regs don't apply to them, but you still have to operate them in a safe and responsible manner... including avoiding operating them while impaired. So yes, to answer lawmen's question, you could get nailed. Not sure about other radio-controlled things.


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 6 posts ] 

All times are UTC - 5 hours [ DST ]


Related topics
 Topics   Author   Replies   Views   Last post 
There are no new unread posts for this topic. Street Hockey and Other Games on the Road

gmania

0

392

Sat Apr 10, 2010 3:27 pm

gmania View the latest post

There are no new unread posts for this topic. Tis the Season

hwybear

1

404

Fri Dec 17, 2010 9:45 pm

admin View the latest post

There are no new unread posts for this topic. Riding season starting, watch out for people on 2 wheels!!!

FiReSTaRT

0

374

Tue Mar 16, 2010 10:55 am

FiReSTaRT View the latest post

 


Who is online

Users browsing this forum: No registered users and 4 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
Web Development & Search Engine Optimization
Home | Court Listings | Ontario Traffic Ticket

Copyright 2007 - 2017 © Microtekblue Inc. Web Development & Search Engine Optimization Service. We Support phpBB All Rights Reserved.