Ontario Highway Traffic Act

OPS, thats probably because he agreed to it because he had no one to get it for him. Or because they never appealed. It's a gamble where odds are usually in your favor (because they dont know their rights)

from the MTO:

Can I appeal the impoundment?

Yes, a vehicle owner/plate holder can appeal an impoundment on the following grounds:

Vehicle ...

if you read the MTO website, as in the source link i provided, you will find that if the owner of the vehicle were to appeal, towing costs would be at the OPP's expense. So yes he can tow it, but his department would have to pay for it and im sure some good explaining to do.

So he's not doing me a favor by not towing, he's saving costs for the OPP.

its even on the OPP website... and im under the assumption that 2 OPP officers(?) out of 2 would have me believe otherwise.

http://www.opp.ca/ecms/index.php?id=540

Changes to Vehicle Impoundment Program Authority

UPDATE - The OPP have posted a Request For Proposals to the http://www.merx.com

On July 1, 2011 the Ministry of Transportation ...

You most certainly can tow the vehicle. I have countless times. The majority of the time I offer the driver to get someone there to drive it.

Not unless they were suspended by court order or by criminal code convictions. If you did, they could successfully appeal and you might have some explanation to do since your office would have to reimburse ...

double post

OPS Copper wrote:Cop does not tow the vehicle, which they could have done at your expense. (...)

And here's why I feel the need to inquire about my rights because you cant trust the guy wearing black shoes and white socks to tell you on the side of the road. You cannot get towed for suspension for unpaid fines.

Thanks for the heads up copper. But im not complaining about the ride, im merely inquiring about his refusal to put the car seat. And im not complaining in court, im but trying to understand my rights, privileges and duty on a forum on the internet. this is all new to me after 15 years of being licenced and driving. im not looking for compassion ...

Im just confused. so what is subsections 106 (2), (3) and (4)? i thought that didnt include subsection 8?

So he committed an offence by transporting my child without a car seat which I offered to?

found it thanks, although the exemption for subsection 8 is as follows:

8.1 (1) The following are exempt from complying with subsections 8 (2), (3) and (4):

1. The driver of a taxicab, bus or public vehicle, while transporting a passenger for hire.

2. The driver of an ambulance.

3. Revoked: O. Reg. 236/09, s. 3 (1).


Im not sure wether or not ...

Thats very confusing, and if he says he had taken the weight in consideration too, like any reasonable person would do, he wasnt doing any offence in his right mind, but legal help would be advisable for this charge. Also considering the time he lost, the costs of taxi, tow, impound, i think the lesson is learned.

^^Like he said the door opening is another matter, but will be helpful in your case. the article states:
Vehicles or equestrians overtaking others

(5) Every person in charge of a vehicle or on horseback on a highway who is overtaking another vehicle or equestrian shall turn out to the left so far as may be necessary to avoid a collision with the ...

What i meant by "hear say" is part of the rules ovf evidence: The cop cannot relate any information that was said by someone else. That is called hearsay and is inadmissible. So when the cop is reading his notes, assuming he is there, you stand-up and say "objection! Hearsay!" Then he has no evidence to prosecute.

If the witness shows up in the ...

For the first careless driving charge, i would get the charges dropped on "hearsay".
For the second one, depending on disclosure, the witness might not want to show up in court, so you could use the same defense. if not, your word against his, and if its a strict liability, just create a benefit of the doubt that you have done everything to avoid ...

i dont think compassion has anything to do with (3) The driver of a motor vehicle on a highway is required to ensure that a toddler passenger is secured as set out in subsection (6). O. Reg. 195/05, s. 1.

And I have seen people get charged with "driving" while suspended even when they were just sitting in a car with the keys in the ignition.