Ontario Highway Traffic Act

Jeremy,

Here is a topic of previous discussion http://www.ontariohighwaytrafficact.com/topic2572.html
The subject has gone both ways (legal and illegal)

Here is the sections of the HTA
Use of seat belt assembly by passenger
106 (3) Every person who is at least 16 years old and is a passenger in a motor vehicle on a highway shall,
(a) occupy a ...

If the ON plate was registered by the MTO to be on the vehicle and the QC plate was on the vehicle = Using a plate (QC) not authorized for vehicle.

yhu221300 wrote:My question is: are those forms are valid or not? do I have to appear before the Ontario Court of Justice on the given date shown on the forms?

Reading the back of the form will tell you the answer.

Failing to attend court on date shown on the summons could result in an Arrest Warrant being issued.

The definition of an accident is found in the Motor Vehicle Accident Report instruction manual issued by the MTO.
the MTO manual does not have to be complied with as it is a guideline only and not written laws.....would be similiar that a car manual tells the driver to wear a seatbelt, not enforceable by the manufacturer, good idea to wear one ...

I would ask for disclosure now that you have a actual court date.

The 2 previous request without a court date, quite possibly they would look up your name for court and nothing scheduled, therefore confused to as why it was being asked for OR If it was forward to the officer for disclosure with no court date, only necessary to provide disclosure ...

btwilliger wrote:?

Yes, I realise it is 'nothing special', that's why I said it is 'customary'..

sorry bt...had only seen being "used in my case"

Sly_wolf wrote: For what its worth, I will also have an affidavit from my wife and stepson to support my claim.

Never seen that allowed in any traffic or even criminal court when that has been tried. They want the person present to give testimony and allows for cross-examination by crown.

. It is quite customary for the crown to ask for a certified copy of the suspension letter, and they are doing so in my case.
It is not just your case, the certified copy of MTO documents is used for everyone, whether it be unpaid fines/demerit points/child support/unlicenced, expired plates, use plates not authorized etc ....so nothing special ...

Hwybear, thank you. So, what you posted means that a road building machine is a motor vehicle under the HTA and therefore has to have a permit and display license plates in order to travel on a highway.
.

That is not correct. I will break out the definition a little bit here....

" motor vehicle "
INCLUDES
-an automobile,
- a motorcycle ...

But that's the whole point, I'm practicing regaining control after unintentionally skidding. I guess it would make for an interesting court case?[/qoute]

If its more than once, it is no longer unintentional action and is deliberate and intentional.

Eitherway, I've since found a nice open space at the end of an old back-country road which ...

The sign didn't have any Mon-Fri timed restriction, i don't know how i can go about fighting this. If i bring my GPS or show them pictures of my GPS showing a left turn at Bathurst from Lakeshore E/B?

Unfortunately, no. This will not get you out of a ticket. No matter what the GPS tells you to do, you still have to obey all signs. .

Reminds of ...

call your local court and ask about a payment plan. To what I have heard is if you set one up, they will notify the MTO to reinstate the licence, but fail to pay and the court will notify MTO again and back to square one. Now since you haven't paid anything, not sure how that will work. Doesn't hurt to give the court a call and ask.

The rate (per km over ) used is NOT what is printed in the HTA. The rate per km over is found at "Ontario Court Of Justice - Set Fines, Highway Traffic Act" to which your speed is calculated at $6 per km over.

HTA Definitions Sec 1
" road-building machine " means a self-propelled vehicle of a design commonly used in the construction or maintenance of highways, including but not limited to,
(a) asphalt spreaders, concrete paving or finishing machines, motor graders, rollers, tractor-dozers and motor scrapers,
(b) tracked and wheeled tractors of all kinds ...

Criminal Code offence of "Dangerous Driving" could apply in the parking lot.

guess the key here is intent, if you're turning on snow/ice and the car skids how can anyone prove that it was intentional

A unintentional driver would take their foot off the gas, vehicle momentum would slow down and the driver could regain control.