Ontario Highway Traffic Act

100% correct Mr. Argyll

Ok, I goofed up, you are NOT required to stop...please disregard my last...

Given the gross vehicle weight rating I believe you are still obligated to stop.

They don't give out training certificates. It is accepted that the officer only needs to say that he was trained and was current in his certification. You can question him on his training and if the person who trained him was an instructor (if not, you win). Testing of the unit only needs to be done at the start of the day, and at the end, there is ...

Relying on getting things sorted out the next day is like closing the barn door after the horse got out...the courts won't buy that for a minute.

Yup, that should work...but if it doesn't, just tell the Justice of the Peace that a leprechaun jumped into your car a moment before and told you that you didn't need to wear the seat belt, then jumped out just before the officer saw you...+++ This is not legal advice, only my opinion +++

I have never heard of anything being a secondary offence. I am guessing you mean if the cops stop you for a primary type offence, then you can lay a secondary? in this case, that being the seat belt...if I am correct then, no, it is not a secondary offence, but then again, there are none in the HTA. I think the only secondary type thing in the HTA ...

I do not think you do have a valid defence, that is why I say you should consider any deal the prosecutor is willing to give. Some prosecutors will let you plead to inoperative seat belt, and some won't.

Great notes by the cop. Even if you do take the stand and say you took off the seat belt when you entered the gas station, the officer saw you on the highway without it on. 2 points if convicted...if they offer the seat belt inoperative deal, you may want to seriously consider that, 0 points.

The thing about the No Insurance charge is that it is a reverse onus charge, meaning, it is up to you to prove you had insurance, not for the prosecution to prove you didn't. The prosecution must prove the other two charges but that won't be too hard really. You just request to go see the prosecutor and see what their position is. You have nothing ...

That's why he would have to take the stand. That section is more for the Purolator type delivery person.

There is an exemption under section 106(6)(c): "who is actually engaged in work which requires him or her to alight from and re-enter the motor vehicle at frequent intervals and the motor vehicle does not travel at a speed exceeding 40 kilometres per hour". So you would have to take the stand to prove the exemption...driving with a seat belt ...

It is up to you to make another request for your disclosure. You have to remain active in the disclosure pursuit. If there is not enough time between the time you get the disclosure and the court date, you may be able to get an adjournment to give you time to prepare your defence. Keep track of your requests, if you still don't get it in a timely ...

They can re lay a charge within 6 months from the origional offence date. So you may just be in a holding pattern until that date passes. Usually, however, they don't if it was not a very serious collision.

You do not need to fill out log books for that type of trip. If you go to section 16(1) of the Highway Traffic Act, the definition of Commercial Motor Vehicle "does not include" (c) a commercial motor vehicle operated under a permit and number plates issued under a regulation made under clause 7(24) (g) or (h) that is not transporting passengers or ...