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Ontario Highway Traffic Act

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UNSECURE LOAD, SEC.111, ART.2
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PostPosted: Thu Apr 10, 2008 8:49 pm 
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Got stopped because my door of my straight truck was open and something fell out, luckily did not hit any car on the road. Unluckily a police cruiser was very close by and must have seen what happened. The officer, a lady, was nice and pleasant. Asked me about my driving record, which is perfect. Gave me a ticked for Unsecure Load but she gave me the minimum of$160. She said if my record was bad she could have issued me a $390 ticked. She also said there is no points associated with the ticked but she was not a 100% sure, she said her computer showed no points.

Can anyone tell me if there are any points associated with a ticked for violation of Sec.111, Art. 2 an Unsecure Load, fine $160.

Thanks

Lukas


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PostPosted: Thu Apr 10, 2008 9:23 pm 
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Joined: Thu Apr 03, 2008 7:13 pm
Posts: 26
Location: Belleville, ON
There are no demerit points assigned for this offence. There may be CVOR points assigned, but only if the officer completed the CVOR section of the offence notice she served you with. (Sometimes officers inadvertently forget to complete that section of the offence notice).

Depending on the situation behind the door being open, you may be able to arge that you exercised due diligence by securing the door and checking it visually after each stop if indeed that is what happened. At the very least, if you decided to plead guilty, go to court and ask that the fine lowered.


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Unsecure Load
PostPosted: Thu Apr 10, 2008 9:38 pm 
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The officer said she gave the lowest fine possible and If I take it to court, she will be there explaining the situation and suggested basically not to fight it since I could have gotten a $390 ticked.

Could you explain more about the CVOR points and how the officer somtimes forgets to file an addition al form?

Thanks


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PostPosted: Fri Apr 11, 2008 8:09 am 
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Location: Belleville, ON
CVOR points are different from demerit points. CVOR points are used to rate commercial drivers and companies that own commercial vehicles. If a company accumulates to many points, the ministry may pull their vehicles off the road for a set period of time. Drivers want to ensure they keep their CVOR points low to help stay in the "employable range". In addition to the Ministry pulling vehicles off the road, insurance companies often times set rates based on the company's CVOR rating. CVOR points are also added for at fault accidents. The points assigned for HTA offences involving a commercial vehicle are also structured differently. For example, points are assigned for a speeding conviction at 10 km/h over compared to 15 km/h over for non-commercial vehicles.

If you want to find out what your, or your company's, CVOR rating is, visit the link below:

https://www.cvor.rus.mto.gov.on.ca/scripts/products.asp

Some of the searches are free, some are for a fee.

I am learning more about CVOR everyday in my line of work. I wish I had a link to a CVOR chart showing the points assigned for various offences, but I am yet to find one.

If anyone knows where to find an up-to-date CVOR chart maybe they could post a link to it on the message board.


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Unsecure Load
PostPosted: Fri Apr 11, 2008 6:35 pm 
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In recards to the CVOR record, do you think that the above ticked will be a problem for me and the company I work for?

Thanks


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PostPosted: Fri Apr 11, 2008 8:33 pm 
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Location: Belleville, ON
Yes, it could pose a problem to you and the firm you work for. A clean record is always best for employability purposes, and you boss probably wants to keep their record as clean as possible, to avoid having vehicles pulled off the road.

If you like, scan and email (or fax) me a copy of your ticket. I can review it free of charge and we could have a brief telephone conversation about your charge over the weekend if you like. Call 1-888-NOT-X-COP and ask for David Chatten. (Fax 613-967-2718) (Email info@dclegal.net). I have the office phone forwarded at night and on the weekend so leave a message if you don't reach me on the first try.


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Unsecure Load
PostPosted: Sat Apr 12, 2008 11:51 am 
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Joined: Thu Apr 10, 2008 8:39 pm
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Hi!

Ok, I faxed the Ticket to the fax numbe you provieded in the previous message. Let me know if you received it.

Thanks


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