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JustinTyler
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- Location: Ayr
Farmer Stopped on Road
I came onto the trailer after coming out of a slight dip in the road, at this time the tractor had its field lights on which are very bright and I was looking down and to the right, as we are taught in driver's training.
At the last moment my lights came onto the back of the trailer and I swerved but managed to catch the left corner of it with the right side of my truck.
The lights of this trailer were not on or I would have seen it well before I got to it, but the police officer threatened to charge me with criminal charges and he was going to check a box inside of the cab that would tell him the lights were on and I was going to be in big trouble. I was scared and I told him they were on.
I was talking to a friend of mine that owns his own transporting company who says there is no such box and also that parking on the road, knowing he was working, the farmer was responsible for putting up cones on the road.
Is this true? I was threatened with careless driving but my father talked to the police officer, who was much nicer to me after this, and I was charged with failing to pass. I want to fight this ticket, do I have a chance?
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Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
Why would you tell him the lights were on?JustinTyler wrote:The lights of this trailer were not on or I would have seen it well before I got to it, but the police officer threatened to charge me with criminal charges and he was going to check a box inside of the cab that would tell him the lights were on and I was going to be in big trouble. I was scared and I told him they were on.
Most vehicles do have several of these black boxes. The most commonly known one is the Engine Control Module, which controls engine operating parameters like fuel trim, spark, etc. That one does keep a log, as far as I know, because I frequently see it mentioned in accident reconstructions. The module in question here would likely be the Body Control Module, which may or may not even control the main headlights/taillights on that vehicle. I'm not sure if it keeps a log, either.
The closest thing I could find to what Bear mentioned was O. REG. 213/91 under the Occupational Health and Safety Act, s. 67, which deals with traffic control devices at a work site. I'm not sure if it would apply to a farmer loading a trailer.
It's too long to paste here, so I'll post a link to O. REG 213/91:
http://www.e-laws.gov.on.ca/html/regs/e ... _e.htm#BK6
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