Search found 30 matches

by pvotrainer
Fri Oct 29, 2010 6:53 pm
Forum: Improper passing
Topic: Improperly Passing a Streetcar
Replies: 41
Views: 27462

Re: Improperly Passing a Streetcar

Make sure the TTC driver is there. You can not pass open streetcar doors, any set of them. If you are near the center, you have to stop for the open front doors. You r defence may be that the doors opened while you were moving and yo were not able to stop prior to the door
by pvotrainer
Fri Oct 29, 2010 6:47 pm
Forum: Improper passing
Topic: Improper Passing or Careless Driving?
Replies: 16
Views: 16131

Re: Improper Passing or Careless Driving?

Based on what you have said, you both could have been charged. You for pass unsafe, and the other driver for unsafe turn. Careless driving is often laid by the police as almost all plea to something lessor.

To further demoralize you, The fault Determination Rules, found under the Insurance Act specifies who is at fault in specific collisions. In ...
by pvotrainer
Fri Oct 29, 2010 6:11 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: Charged w/ 135 in a 100 zone when i was only doing 115
Replies: 21
Views: 8776

Re: Charged w/ 135 in a 100 zone when i was only doing 115

An officer has the discretion to issue a ticket for a lower speed than what is actually driven at. That is old case law. If you were driving at 115, obviously you drove at 110. An officer cannot raise the speed to something that did not occur unless he/she wants to lie. For your scenario, your only avenue is a trial. You have to admit you were ...
by pvotrainer
Fri Oct 29, 2010 5:47 pm
Forum: Commercial Vehicle Safety Alliance (CVSA)
Topic: CVSA/CMV Info
Replies: 16
Views: 9311

Re: Heavy Truck

[quote]Where is 615 is this?
I would expect no heavy truck to include any CMV with a RGW over 4,500kgs....that would make it simple across the board[/quote]


That was in response to THETRUCKER's post. He was charged under the HTA for heavy truck, likely 182(2) Disobey Sign. Ont. Reg 615 describes the signs permitted to be used on a highway ...
by pvotrainer
Fri Oct 29, 2010 5:40 pm
Forum: Compulsory Automobile Insurance Act
Topic: Forgot my insurance papers
Replies: 4
Views: 4453

Re: Forgot my insurance papers

Your right on the fine (65) I didn't include the surcharge. I've done this for 21 years, and a copper that Charges No Ins for fail to have ins card is lazy. It is a reverse onus, but you still need evidence of the charge. An officer has 2 years to lay a no insurance charge. It requires ordering certified documents from the MTO and then making a ...
by pvotrainer
Fri Oct 29, 2010 5:34 pm
Forum: Careless Driving
Topic: Careless driving (HTA 131) deal down: lessons I learned
Replies: 8
Views: 4993

Re: Careless driving (HTA 131) deal down: lessons I learned

The 404 starts/ends at the 401. The DVP starts/ends at the south side of the 401.

Reopening the case is possible since you were"advised" (hopefully) to plea to a charge that is not applicable. Of course that eans the trial again nd taking a chance a finding of guilt for careless. To fight this you need to do some research on a knowledgable ...
by pvotrainer
Fri Oct 29, 2010 5:26 pm
Forum: Failing to obey the directions of a police officer
Topic: Disobey Officer directing traffic.
Replies: 10
Views: 6608

Re: Disobey Officer directing traffic.

Hwybear, you are correct about section 134(2) is for closing a highway. 134 refers to the Regulations. The regulation it refers to describes what must be used to close a highway and a car is not included. Traffic cones (pylons) no entry sign, and saw horse style barracades are. Without using what is specified means no offence has been committed ...
by pvotrainer
Fri Oct 29, 2010 5:16 pm
Forum: Failing to obey the directions of a police officer
Topic: Disobey Officer directing traffic.
Replies: 10
Views: 6608

Re: Disobey Officer directing traffic.

the HTA only applies to a highway, except in the instance of reporting a collision. for the police tossue a ticket for an offence under the HTA the offence must have taken place on a highway. Aimple definition of a highway is everything between the propety lines of the roadway, ( ifence to fence in the country, store front to store front downtown ...
by pvotrainer
Fri Oct 29, 2010 11:53 am
Forum: Failing to stop for a school bus
Topic: What are the chances I will be charged?
Replies: 5
Views: 11681

Re: What are the chances I will be charged?

The police have 6 months to lay the charge. This is one of the few charges that can laid against the owner of the vehicle and not the driver. No demerits for the owner, 6 points for the driver. If the witness can identify the driver and the police are satisfied with the description then then driver will likely be charged. There is a form the ...
by pvotrainer
Fri Oct 29, 2010 11:48 am
Forum: Careless Driving
Topic: Careless driving (HTA 131) deal down: lessons I learned
Replies: 8
Views: 4993

Re: Careless driving (HTA 131) deal down: lessons I learned

In collision investigations the law (section 199 of the HTA) requires you to provide the information to the officer so he/she can complete the report. That includes telling the officer what happened. You do not have to give a verbatim or written statement, point form will do. The Supreme Court has ruled that the evidence you give is compelled by ...
by pvotrainer
Fri Oct 29, 2010 11:24 am
Forum: Careless Driving
Topic: Received first time careless driving ticket...what to do?
Replies: 17
Views: 7473

Re: Received first time careless driving ticket...what to do?

there are several cases where the courts have thrown out the careless driving charge for not being the correct charge. If what you posted is the truth and complete story then fight this and consider not pleading to a lessor charge. In one case in Toronto the Appeal court overturned a conviction for careless. It ruled that careless is not a charge ...
by pvotrainer
Fri Oct 29, 2010 11:13 am
Forum: Failing to obey the directions of a police officer
Topic: Disobey Officer directing traffic.
Replies: 10
Views: 6608

Re: Disobey Officer directing traffic.

The officer has to give a "direction" for this charge to stick. Using the car to block the road does not count either as the HTA specifies the signs and or barracades that must be used. the officer was just lazy at the time. Also, you said you received the ticket in a parking lot. Section 134 only applies when on a highway (road, street, etc). It ...
by pvotrainer
Fri Oct 29, 2010 10:55 am
Forum: Improper opening of a vehicle door
Topic: passenger exit of vehicle
Replies: 6
Views: 10932

Re: passenger exit of vehicle

the person who opens the door is at fault (setion 165 of the Highway Traffic Act) The person liable for damages is the vehicle driver/owner until they can get 100% of the liability transferred to the person who opened the door.
by pvotrainer
Fri Oct 29, 2010 10:47 am
Forum: Commercial Vehicle Safety Alliance (CVSA)
Topic: CVSA/CMV Info
Replies: 16
Views: 9311

Heavy Truck

The HTA does not define a heavy vehicle or heavy truck. It mentions it in section 110 by making the driver responsible for damaging a highway. Ontario Regulation 615 - Signs and Ont Reg 147 - Toll Highways define a heavy truck in regards to what vehicles must use a transponder. Both of these set the weight at the Gross Weight or Registered Gross ...
by pvotrainer
Fri Oct 29, 2010 10:30 am
Forum: Compulsory Automobile Insurance Act
Topic: Forgot my insurance papers
Replies: 4
Views: 4453

Re: Forgot my insurance papers

If you don't show up you will be convicted of driving without insurance, a $5000.00 minimum fine. The correct charge should have been Fail to produce insurance card, a $50 fine, unless you didn't have insurance at the time.