Search found 556 matches

by ynotp
Wed Jul 08, 2015 12:57 pm
Forum: Traffic Offences Outside Ontario
Topic: Failure to stop for railway signal in Montreal, Quebec
Replies: 10
Views: 5356

Re: Failure to stop for railway signal in Montreal, Quebec

The way I read the agreement it does not mention railway crossings.
by ynotp
Fri Jul 03, 2015 8:24 pm
Forum: General Talk
Topic: expired plate sticker ticket, but my vehicle is parked
Replies: 4
Views: 5168

Re: expired plate sticker ticket, but my vehicle is parked

If you were parked on the road parking enforcement now give tickets for expired plates. You are required to have valid plates to park on the road, some cities you need valid plates for cars on private property.

FYI plate covers are also illegal.
by ynotp
Thu Jul 02, 2015 7:18 pm
Forum: General Talk
Topic: Wrong location on a traffic ticket
Replies: 4
Views: 4288

Re: Wrong location on a traffic ticket

It's true.
by ynotp
Fri Jun 26, 2015 9:15 pm
Forum: General Talk
Topic: Requirement to Open Window?
Replies: 12
Views: 13769

Re: Requirement to Open Window?

Canada is no place for a libertarian, too much angst.
by ynotp
Wed Jun 24, 2015 8:30 pm
Forum: Failing to stop for a school bus
Topic: failed to stop for a school bus
Replies: 2
Views: 4379

Re: failed to stop for a school bus

It is not an offense to pass a school bus unless it's red lights are flashing (4 ways don't count). Even if you are charged it would likely be the owner of the vehicle not the driver and no points are associated with it.
by ynotp
Tue Jun 23, 2015 3:46 pm
Forum: General Talk
Topic: no insurance; parking lot accident
Replies: 5
Views: 2725

Re: no insurance; parking lot accident

Just how do you expect a police officer to inspect a vehicle that is under repair? In many urban areas you are required to attend a collision reporting centre not have the police make a housecall.

You don't have to pay the amount the insurance company is asking for, but they may sue you in small claims court.
by ynotp
Tue Jun 23, 2015 1:54 pm
Forum: General Talk
Topic: no insurance; parking lot accident
Replies: 5
Views: 2725

Re: no insurance; parking lot accident

I am guessing you were reluctant to report the accident because the lack of insurance. The law requires you report the accident to police within 48 hours if the car is drivable (immediately if the car is not drivable) and the combined damage is over $1000. Not reporting the accident and impeding the investigation by repairing the car before it can ...
by ynotp
Tue Jun 23, 2015 1:42 pm
Forum: General Talk
Topic: Going 77km/hr in a 50km/hr
Replies: 2
Views: 2194

Re: Going 77km/hr in a 50km/hr

At trial the charge will be amended up the original speed documented in the officer's notes. It is important not to go to trial unless you have a very good prospect of beating the charge. You will not know where you stand until you file for a trial and request/review disclosure.
by ynotp
Mon Jun 22, 2015 8:42 pm
Forum: General Talk
Topic: new car - buying - fees and stuff , assist,
Replies: 3
Views: 2049

Re: new car - buying - fees and stuff , assist,

You only have to pay the purchase price and licence fees (fees charged for transferring ownership, plates and sticker) and HST.
Some dealers will try to charge you extra to certify and e-test others will factor it in the purchase price. Admin fee is just a cash grab.
The dealer goes to the ministry and transfers the car in your name and either ...
by ynotp
Sun Jun 21, 2015 8:58 pm
Forum: General Talk
Topic: Pulled plates
Replies: 6
Views: 3832

Re: Pulled plates

If the mechanic deems that the car does not need repairs then you can fight the charge . If it is not a commercial vehicle the fines are usually far less than the maximum especially if you have made the required repairs. Years ago the ticket would be withdrawn if you showed proof of repairs but I haven't heard of that being the practice lately.
by ynotp
Sat Jun 20, 2015 7:42 am
Forum: General Talk
Topic: Speeding ticket with posted speed different than bylaw speed
Replies: 5
Views: 3053

Re: Speeding ticket with posted speed different than bylaw s

So, yes, with an argument like this - it is entirely possible. Usually it is not amended after the trial begins because of the prejudice it may cause the defendant (for example, a defendant might not fight the charge had he known it was going to be what it ended up becoming) but the Provincial Offences Act nonetheless gives the court that option ...
by ynotp
Fri Jun 19, 2015 9:52 pm
Forum: General Talk
Topic: Speeding ticket with posted speed different than bylaw speed
Replies: 5
Views: 3053

Re: Speeding ticket with posted speed different than bylaw s

If this is how you are going to tackle it then at your own risk...

I don't believe the charge can be amended once the trial starts so keep quiet about the bylaws. You allow the trial to begin (prior to start it will be amended to 72 in a 50).
To get out of it you will have to present certified copies of bylaws showing you were in fact in a 60 ...
by ynotp
Fri Jun 19, 2015 8:33 am
Forum: Stunt Driving
Topic: 165 KM/H on the 4-7 - Charged under 172(1)
Replies: 8
Views: 5628

Re: 165 KM/H on the 4-7 - Charged under 172(1)

If you are only disputing the stunt driving charge and are content to admit you were doing 49 over I would have met with the prosecutor and asked for a plea bargain. If there is no good deal available then I would have hired the lawyer.
by ynotp
Wed Jun 17, 2015 8:09 am
Forum: General Talk
Topic: 3 Day Suspension
Replies: 8
Views: 21475

Re: 3 Day Suspension

I agree with the above, that it shouldn't affect your insurance. It wouldn't make sense for it to affect it simply because it's not something you have the right to dispute, if you're not formally charged, you can't attend a trial and plead your innocence, therefore it would be unconstitutional for it to affect your insurance in any regard.

This ...
by ynotp
Wed Jun 17, 2015 7:46 am
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 149 km/h on the 401
Replies: 15
Views: 12632

Re: 149 km/h on the 401

Thanks for all the valuable info guys! Should I just pay the ticket and handle the insurance hike?

It is probably what will end up happening, but you should request a trial. Preparing for a trial you may get the charges stayed/withdrawn if: it takes too long, if there is no disclosure, if the officer is a no show. There is also a slim ...
by ynotp
Tue Jun 16, 2015 2:33 pm
Forum: General Talk
Topic: 3 Day Suspension
Replies: 8
Views: 21475

Re: 3 Day Suspension

I should clarify suspensions have to be under 1 year for it not to be used against you.

https://www.fsco.gov.on.ca/en/auto/autobulletins/2006/Pages/a-04_06.aspx

"If the length of an administrative lapse or suspension of a drivers licence is under one year , an insurer is not permitted to use the lapse or suspension in its risk classification ...
by ynotp
Tue Jun 16, 2015 12:38 pm
Forum: General Talk
Topic: 3 Day Suspension
Replies: 8
Views: 21475

Re: 3 Day Suspension

Administrative suspensions will be on your abstract but cannot be used against you for insurance purposes since they do not correspond to any conviction.
by ynotp
Mon Jun 15, 2015 9:14 am
Forum: General Talk
Topic: RIDE checks used to be unlawful
Replies: 3
Views: 1992

Re: RIDE checks used to be unlawful

Stanton is right, the court has upheld RIDE spot checks as legal both pre and post Charter.
by ynotp
Sun Jun 14, 2015 8:52 pm
Forum: Compulsory Automobile Insurance Act
Topic: Fault determination rules application
Replies: 6
Views: 4525

Re: Fault determination rules application

I'm still curious about how it works in the backend between insurance companies. I remember hearing that your insurer will try to recoup losses from the insurer of the at fault driver (assuming it is a different insurer). Maybe I am remembering the days before No-Fault. (Now I'm feeling old :( )
by ynotp
Sun Jun 14, 2015 5:32 pm
Forum: Compulsory Automobile Insurance Act
Topic: Fault determination rules application
Replies: 6
Views: 4525

Re: Fault determination rules application

End result is that the insurance company was swayed from an initial 50/50 to a not at fault determination. Photos of the cars and debris on the road was used to make a successful appeal to logic and reason. Apparently the other drivers were also able to convince their insurers that they were also not at fault. (It was not in their interest to ...
by ynotp
Thu Jun 11, 2015 2:48 pm
Forum: Compulsory Automobile Insurance Act
Topic: No insurance, have courtdate, was insured under another car
Replies: 7
Views: 4411

Re: No insurance, have courtdate, was insured under another

It appears you are out of luck... Sorry to be the bearer of bad news :(

https://www.fsco.gov.on.ca/en/auto/autobulletins/archives/Documents/a-07_00-3.pdf

2.2.2 Temporary Substitute Automobile
A temporary substitute automobile is an automobile that is temporarily used while
a described automobile is out of service. The described automobile must ...
by ynotp
Wed Jun 03, 2015 3:10 pm
Forum: Courts and Procedure
Topic: Is it lawful for an officer to give you a tckt aftr the fact
Replies: 30
Views: 13962

Re: Is it lawful for an officer to give you a tckt aftr the

I know we are waiting on disclosure on this one but....If they did have footage of his face and he hired a representative and never attended trial, then the footage could never really be compared to the actual person because it would not be possible for the officer who issued the ticket to have viewed the video before issuing the summons......So ...
by ynotp
Wed Jun 03, 2015 7:43 am
Forum: Failing to obey signs
Topic: Disobey Sign Left Turn
Replies: 9
Views: 5493

Re: Disobey Sign Left Turn

Just to clarify, if you were right behind a bus and the height of the bus made you unable to see the sign then you don't have a hope in hell as you should not have proceeded without having a clear understanding of the intersection. But if you were approaching the intersection (with no tall vehicle in front of you) and from 60 metres away the bus ...
by ynotp
Tue Jun 02, 2015 6:54 pm
Forum: Red Light Camera Ticket
Topic: Red Light Camera Ticket - Toronto
Replies: 4
Views: 5090

Re: Red Light Camera Ticket - Toronto

It can be up to 8 weeks.
by ynotp
Tue Jun 02, 2015 7:56 am
Forum: Failing to obey signs
Topic: Disobey Sign Left Turn
Replies: 9
Views: 5493

Re: Disobey Sign Left Turn

http://www.ontario.ca/laws/regulation/900615#BK6

45. A sign prescribed by this Regulation, other than a sign prescribed by section 13, 14, 15, 24, 25, 26 or 27, shall be so placed as to be visible at all times for a distance of at least 60 metres to the traffic approaching the sign . O. Reg. 175/08, s. 15.

The way I read the regulation is that if ...
by ynotp
Sun May 31, 2015 6:16 pm
Forum: Courts and Procedure
Topic: Is it lawful for an officer to give you a tckt aftr the fact
Replies: 30
Views: 13962

Re: Is it lawful for an officer to give you a tckt aftr the

iFly55 wrote:Unfortunately you can not recover the costs of impounding your vehicle and license, even if you're found not-guilty at trial or have the charges withdrawn.
Is there case law or legislation addressing this?
by ynotp
Sun May 31, 2015 6:11 pm
Forum: Courts and Procedure
Topic: Is it lawful for an officer to give you a tckt aftr the fact
Replies: 30
Views: 13962

Re: Is it lawful for an officer to give you a tckt aftr the

If you were charged as a driver and not the owner then prosecutor must establish the identity of the driver beyond a reasonable doubt. If that doesn't happen then you cannot be convicted. Disclosure will reveal if a reasonable doubt to your identity exists. If you didn't admit to being the driver of the car and the footage doesn't show your face ...
by ynotp
Sat May 30, 2015 5:10 pm
Forum: Compulsory Automobile Insurance Act
Topic: Fault determination rules application
Replies: 6
Views: 4525

Re: Fault determination rules application

More to the story: Turns out there were 3 cars here's what I know.

Driver A was driving in the left lane.

Driver B and Driver C was driving in the right lane.

Driver C approached a car parked in the right lane and stopped or slowed down waiting for an opportunity to switch into the left lane.

Driver B begins a lane change in front Driver A and ...
by ynotp
Fri May 29, 2015 8:02 pm
Forum: General Talk
Topic: E-Bike on the sidewalk colision
Replies: 4
Views: 1951

Re: E-Bike on the sidewalk colision

If it doesn't have pedals it's not a ebike but it doesn't make it a motor vehicle either. Either way it's not allowed to operate on the sidewalk.

You are going to have to sue the guy on the scooter in small claims court if he doesn't pay up.
by ynotp
Fri May 29, 2015 7:46 pm
Forum: Compulsory Automobile Insurance Act
Topic: Fault determination rules application
Replies: 6
Views: 4525

Fault determination rules application

Hi all,

A friend was in an accident about a week ago caused by another driver as they were making a lane change and hammered on the brakes to avoid hitting another driver who had also started a lane change. No police were called or charges laid at the reporting centre. The other driver is claiming they were rear ended but the impact locations on ...