Ontario Highway Traffic Act

Does the missing section # severely prejudice your ability to make a proper defence to the charge? I would suggest it does since it prevents you from looking up the section #. If it severely prejudices your ability to make a proper defence it should be considered a fatal error.

I would direct you to O/Reg. 613.

10. Wh ere a motor vehicle manufactured without seat belt assemblies for each seating position and not modified so that there is a seat belt assembly for each seating position is driven on a highway,

(a) the driver is exempt from the requirement of subsection 106 (2) of the Act to wear a seat belt assembly if ...

Improper passing of a school bus is considered a major violation by the Insurance Bureau of Canada. Because of the complexity of calculating insurance premiums, no one but your insurance company can tell you how a conviction will affect your rates. However improper passing of a school bus is in the same category with failing to report an accident ...

The other big difference is that with a Part III summons there is no set fine amount, as there is with a ticket. Some offences, like Fail to Remain are automatically Part III, as they have no set fine, but if you are issued a summons for a fine that normally has a set fine, such as Improper Turn, the set fine does not apply under a Part III. In all ...

I think the definition of heavy vehicle includes heavy truck.

However, given the discrepancies amongst the definitions and the lack of a clear definition in the HTA, you may want to consider taking it to trial and forcing the crown to prove that you met the definition of heavy truck that the sign was referring to. Remember that the onus is on them ...

Rates are affected by conviction type (minor, major, and serious). 15 over falls in the minor category so it can affect your insurance.

Found it for Mississauga. Heavy truck is greater than 3000kg gross weight.

http://www.mississauga.ca/file/COM/traf ... itions.pdf

somenewguy wrote:Officer put a warning and gave me 3-4 demerit points but i wasn't given a ticket

Impossible. You can't get demerit points without a conviction for an offence.

I believe the definition of heavy truck is synonymous with commercial motor vehicle (GW or RGW over 4500 kg), unless otherwise specified by by-law. I'm not sure though. I will post here if I can find a more concrete answer.

Section 139(1) of the HTA applies here.

139. (1) Every driver or street car operator entering a highway from a private road or driveway shall yield the right of way to all traffic approaching on the highway so closely that to enter would constitute an immediate hazard. R.S.O. 1990, c. H.8, s. 139 (1).

I can see the insurance company's point of ...

The officer has to have reasonable grounds to lay the charge. Reasonable grounds can be formed by his own observations or by receiving credible and specific information form a third party (a witness) which lays out the elements of the offence.

For a charge to proceed in this manner, the officer would have had to have spoken to the witness before ...

With regards to the pages being from apparently different manuals, I don't think that's going to be grounds for insufficient disclosure. I think the prosecutor is going to say you have the testing information, which is all you were entitled to...who cares where it came from.

I think you would have to show that there was some reason to believe this ...

I understand your frustration with regards to not knowing why you need it because you don't know what it is, but that's the way disclosure works. The crown discharges its duty to disclose everything it feels is relevant and it's up to you to articulate why (and what) you don't think is sufficient.

For example, say the officer stops you at 1625 ...

hab-fan wrote:Was or is there not something in the Act that permits you to produce the documents at the station in a short order of time that would make this allgo away ?

No. That's a myth.

I'm not going to suggest any specific questions, but what I can say is that if you go into court and admit that you were speeding, but say you weren't going as fast as the officer alleges, you will be convicted and at the speed you were charged at. I have seen it happen numerous times.

The JP in their summary usually refers to the fact that the ...