Hello all, my husband was recently stopped by a member of the OPP SAVE team near our home while riding a "2 UP" ATV. The 2 UP is designed and comes from the manufacturer to carry a passenger but at this time is considered an ORV(off road vehicle) under the current ORV Act. Just to give a bit of background......our home is situated near an ATV trail system run by an area ATV club. There are a few entrances to get on to the trail system near by but you need to take the road to get there. Our local OPP work well with the club and don't usually stop or give anyone problems as long as your wearing a helmet and not acting stupid. There have recently been complaints by landowners of dirt bikes on the trails which aren't allowed. Being that this was in our area my husband has been patrolling the trails and on this particular day he was stopped on his way to the trail. The road that we take to the trail is an unlined township road that we drive on the shoulder until reaching the trail. The officer of this special unit was also in the area this day to set up check points due to the complaints but was not a local OPP. Though my husband explained where he was going and for what reason and the fact that the local OPP are good with it the officer was not lenient and issued to tickets. 1 for unlawfully driving ORV on highway contrary to HTA Ont Reg 316/03 and number 2 ORV speeding more than 20km/hr when speed limit is 50km/h or less, contrary to HTA Reg 316/03. My husband says he wasn't speeding because as soon as he turned onto the road you could see the checkpoint where the officer was standing in the middle of the road stopping traffic. He certainly didn't speed up to the officer. So being that this is an off road vehicle we are unsure how this affects things compared to tickets received for a regular vehicle. 1. Do we have any leg to stand on in fighting the tickets or getting them quashed? 2. How is this type offences processed and does this affect his licencing record and insurance? Any insight you can provide on the above or in general would be helpful, we are have 5 days left to choose an option for the tickets. Thank you.
Hello all, my husband was recently stopped by a member of the OPP SAVE team near our home while riding a "2 UP" ATV. The 2 UP is designed and comes from the manufacturer to carry a passenger but at this time is considered an ORV(off road vehicle) under the current ORV Act. Just to give a bit of background......our home is situated near an ATV trail system run by an area ATV club. There are a few entrances to get on to the trail system near by but you need to take the road to get there. Our local OPP work well with the club and don't usually stop or give anyone problems as long as your wearing a helmet and not acting stupid. There have recently been complaints by landowners of dirt bikes on the trails which aren't allowed. Being that this was in our area my husband has been patrolling the trails and on this particular day he was stopped on his way to the trail. The road that we take to the trail is an unlined township road that we drive on the shoulder until reaching the trail. The officer of this special unit was also in the area this day to set up check points due to the complaints but was not a local OPP. Though my husband explained where he was going and for what reason and the fact that the local OPP are good with it the officer was not lenient and issued to tickets. 1 for unlawfully driving ORV on highway contrary to HTA Ont Reg 316/03 and number 2 ORV speeding more than 20km/hr when speed limit is 50km/h or less, contrary to HTA Reg 316/03. My husband says he wasn't speeding because as soon as he turned onto the road you could see the checkpoint where the officer was standing in the middle of the road stopping traffic. He certainly didn't speed up to the officer. So being that this is an off road vehicle we are unsure how this affects things compared to tickets received for a regular vehicle.
1. Do we have any leg to stand on in fighting the tickets or getting them quashed?
2. How is this type offences processed and does this affect his licencing record and insurance?
Any insight you can provide on the above or in general would be helpful, we are have 5 days left to choose an option for the tickets. Thank you.
You need a license, plate (blue), and insurance specifically for highway use. You need a plate (green) and insurance for off road use anywhere that isn't your own private property. You can either pay for insurance that will cover you everywhere, or just insurance for use on the trails. I'm going to assume your husband hadn't been equipped with the proper plates or insurance for highway considering the whole incident caught him off-guard. No insurance on an off road vehicle is no different than your every day car, a $5000 fine plus surcharge. If the officer really wanted to nail you, he could have.
You need a license, plate (blue), and insurance specifically for highway use. You need a plate (green) and insurance for off road use anywhere that isn't your own private property. You can either pay for insurance that will cover you everywhere, or just insurance for use on the trails.
I'm going to assume your husband hadn't been equipped with the proper plates or insurance for highway considering the whole incident caught him off-guard. No insurance on an off road vehicle is no different than your every day car, a $5000 fine plus surcharge. If the officer really wanted to nail you, he could have.
My apologies if you misunderstood but we are well aware of the requirements to licence and insure our off road vehicles. Yes we do have a plate (green) and yes we do have insurance through our auto insurance company. As I explained a 2 UP machine defined under the HTA Regulation 316-3 it is considered an ORV and not an ATV even though the only difference between them is the ability to carry a passenger. Under the current regulation ORV's such as 2 ups and side by sides are illegal on the road. Thank you for your response Bend but it has nothing to do with what I asked about.
My apologies if you misunderstood but we are well aware of the requirements to licence and insure our off road vehicles. Yes we do have a plate (green) and yes we do have insurance through our auto insurance company. As I explained a 2 UP machine defined under the HTA Regulation 316-3 it is considered an ORV and not an ATV even though the only difference between them is the ability to carry a passenger. Under the current regulation ORV's such as 2 ups and side by sides are illegal on the road. Thank you for your response Bend but it has nothing to do with what I asked about.
My apologies if you misunderstood but we are well aware of the requirements to licence and insure our off road vehicles. Yes we do have a plate (green) and yes we do have insurance through our auto insurance company. As I explained a 2 UP machine defined under the HTA Regulation 316-3 it is considered an ORV and not an ATV even though the only difference between them is the ability to carry a passenger. Under the current regulation ORV's such as 2 ups and side by sides are illegal on the road. Thank you for your response Bend but it has nothing to do with what I asked about.
I would still probably file for a court date and request disclosure so you can see the officers notes. Once you have that it will be easier to see if there is something to use to build a case. Also even if they have you dead to rights, you can still probably plea bargain to get a reduced penalty. While I can't guarantee what the prosecutor will do, when there are two tickets they are often willing to drop one ticket if you plead guilty to the other one.
I would still probably file for a court date and request disclosure so you can see the officers notes. Once you have that it will be easier to see if there is something to use to build a case. Also even if they have you dead to rights, you can still probably plea bargain to get a reduced penalty. While I can't guarantee what the prosecutor will do, when there are two tickets they are often willing to drop one ticket if you plead guilty to the other one.
You asked if you had any leg to stand on. You also mentioned the officer wasn't lenient with his charge. Green plates and off road insurance are not suffiecent for traveling on Ontario Highways. They are useless in your situation. You can't get a two-up or a side by side blue plated because they are not legal for Ontario Highways to begin with, which means your insurance provider isn't going to cover squat when you're in an accident on the streets. So what is your defense for being on the roads? Your husband is patrolling the streets as a self appointed security guard? That's not a defense. Your husband can watch the neighborhood on his feet or contact the police if there's a bigger issue. You have no plate, insurance, and your vehicle is not considered legal for the roads to begin with. A green plate is restricted to off road use. Sounds like the officer was pretty lenient. As someone pointed out, there's also a possibility for a reduction. As for having a leg to stand on defending your charge during a trial, i'd doubt that. As for the speeding charge, you're building a defense out of assumptions. If you want to request a trial, you can request disclosure and go from there. The officer would have written how/when/where he came up with the speeding charge.
KitKat wrote:
My apologies if you misunderstood but we are well aware of the requirements to licence and insure our off road vehicles. Yes we do have a plate (green) and yes we do have insurance through our auto insurance company. As I explained a 2 UP machine defined under the HTA Regulation 316-3 it is considered an ORV and not an ATV even though the only difference between them is the ability to carry a passenger. Under the current regulation ORV's such as 2 ups and side by sides are illegal on the road. Thank you for your response Bend but it has nothing to do with what I asked about.
You asked if you had any leg to stand on. You also mentioned the officer wasn't lenient with his charge.
Green plates and off road insurance are not suffiecent for traveling on Ontario Highways. They are useless in your situation. You can't get a two-up or a side by side blue plated because they are not legal for Ontario Highways to begin with, which means your insurance provider isn't going to cover squat when you're in an accident on the streets.
So what is your defense for being on the roads? Your husband is patrolling the streets as a self appointed security guard? That's not a defense. Your husband can watch the neighborhood on his feet or contact the police if there's a bigger issue. You have no plate, insurance, and your vehicle is not considered legal for the roads to begin with. A green plate is restricted to off road use. Sounds like the officer was pretty lenient.
As someone pointed out, there's also a possibility for a reduction. As for having a leg to stand on defending your charge during a trial, i'd doubt that.
As for the speeding charge, you're building a defense out of assumptions. If you want to request a trial, you can request disclosure and go from there. The officer would have written how/when/where he came up with the speeding charge.
Yes, thank you, I have taken the relevant points made earlier about fine reduction and requesting disclosure under advisement. Your assumptions are incorrect, he is not patrolling the streets as a self-appointed "security guard" and as for your opening comments they are not entirely correct either. We have dealt with the situation and I consider the matter now closed, I do not wish to continue debating your assumptions. Thanks for your time.
Green plates and off road insurance are not suffiecent for traveling on Ontario Highways. They are useless in your situation. You can't get a two-up or a side by side blue plated because they are not legal for Ontario Highways to begin with, which means your insurance provider isn't going to cover squat when you're in an accident on the streets.
So what is your defense for being on the roads? Your husband is patrolling the streets as a self appointed security guard? That's not a defense. Your husband can watch the neighborhood on his feet or contact the police if there's a bigger issue. You have no plate, insurance, and your vehicle is not considered legal for the roads to begin with. A green plate is restricted to off road use. Sounds like the officer was pretty lenient.
As someone pointed out, there's also a possibility for a reduction. As for having a leg to stand on defending your charge during a trial, i'd doubt that.
As for the speeding charge, you're building a defense out of assumptions. If you want to request a trial, you can request disclosure and go from there. The officer would have written how/when/where he came up with the speeding charge.
Yes, thank you, I have taken the relevant points made earlier about fine reduction and requesting disclosure under advisement. Your assumptions are incorrect, he is not patrolling the streets as a self-appointed "security guard" and as for your opening comments they are not entirely correct either. We have dealt with the situation and I consider the matter now closed, I do not wish to continue debating your assumptions. Thanks for your time.
I have received a $450 ticket for parking in a handicap loading zone. I did not see the sign and the pavement was not marked. I have lived in Toronto for 15 years and this is the first ticket of any kind I have received. My last ticket, in a different city, was over 20 years ago. I am always very careful about parking and traffic regulations.
I cannot afford to pay $450. I do not make a lot of…
Petition to change HTA 136 (1)(A)Failure to Stop at Stop Sign
Hello, it does not seem right that not coming to a complete stop, that your wheels do not stop turning or rolling stop carries the same penalty as not stopping at all at a stop sign . I think it's time this laws challenged and quashed. I wondered how to go both that? Can we start a website that we can sign a petition to have this law…
My 78 year old Mother got a ticket at 8am on March 31/09 as the morning sun was in her eyes and she (as well, many others), didnt see the sign ahead-"No straight throughway (between 7-9am Mon to Fri". (All english Sign might I add) at Dundas & Shaw. (**Proceed Contrary Sign Intersection -HTA-144(9).
4 months prior to her court date in November, I requested disclosure 3 times prior to her…
Reference is made in the HTA to Stop Signs at Railway Crossings (passive crossings):
HTA, 163 (2)
O Reg 615 (7)
However I cannot find specific regulation detailing how a railway crossing controlled by a stop sign must be configured.
The Ontario Traffic Manual, Book 11 - Markings and Delineation under section "3.9 Reserved Facility Markings - Railways" (p99) speaks to the needs for marking, but is…
I got a parking ticket on Halloween around 9pm for parking in front of a cross walk in a residential street. There's no sign or anything that says you can't park there.
You know the crosswalk/walkways in residential streets that are fenced on both sides and that simply lead you to another street on the other side is what I'm talking about.
The parking ticket officer must have seen me walk in…
So I was on my way home, going a solid 120 as usual in the fast lane. Someone decides to cut me off going less than 100. I do a quick double lane change and speed up unknowingly hitting apparently 150. After speeding for a mere 20 seconds, I am pulled over. Cop says he reduced the ticket to 49 over, I was charged $359 for that. Of course, my insurance isn't in my car... I had to take it out…
Hi, new at this and could use all the help and guidance..
My brother just got in an accident where he swerved to avoid hitting a squirrel and got in an accident. Luckily, no one was hurt as he did not hit another party so it was just our car (old car and it will be a write off). The cop issued a careless driving ticket - notice of appearance. I read a similiar thread about this but not sure if it…
There is some construction going on for the last three months and hence, the northbound right lane on airport road at queen street which exits is closed due to construction and they have put barriers. they have put the right turn sign on the adjacent lane in the black background. Also the right lane north of Queen Street at Airport road is closed and they have an arrow sign there which indicates…
I keep being told that if you are found to be driving with bare feet, you could be fined etc... but nowhere can I find the actual rule anyway. Does anyone know if this is truly illegal - or perhaps used to be? In summer, sandals being what they are, its much safer, in my opinion to kick them off and drive with bare feet.... but then I hate anything on my feet in hot weather!
I got pulled over yesterday on the Sir John A. Macdonald Parkway in Ottawa for going 106 km/h in a 60 zone. It was around noon, the weather was good and I was the only car on the road. He was hiding around a corner and was just stopped in the right lane (there are no shoulders on this road). I was alone in my car and neither of us said much, he didnt reduce my fine and gave me a ticket of a set…
I recently received a ticket from a military policeman on a military base in Ontario. Therefore, I was charged under the "Government Property Traffic Regulations" (GPTR), section 9. I know that some may say, why are you posting on a website for the HTA? Well, in Ontario, the military uses the Provincial Offences Act/Ontario Court of Justice for traffic tickets issued on a military base, i.e.…
For my first ever post, I'm going to ask for your own story dealing with a s.172 charge.
There is a lot of teeth grinding online about the street racing laws but few hands-on accounts from people who have been there and done that. I saw many posts from people seeking advice but few mention the actual outcome.
With about 1/3 conviction rate, there should be many success stories around. Even if you we…
... two cars pulled over, we (my wife and 7 month old boy) were passing a truck in the passing lane, first car passed me and I pulled out behind him. Crested a hill while on a curve, pass the truck and move back into the driving lane. Police officer shows up behind and pulls us both over. Gave me a ticket saying I was following the car in front doing 124km/hr.
We all know that numerous police agencies around Ontario (and world for that matter) set up speed traps in inconspicuous locations to catch motorists who are speeding.
If you know of any speed traps that are in regular use please post them here for all to know and avoid speeding fines.
Format: Town, Location, Direction, known days of operation (if known).
Sorry if this has been covered, but I searched and didn't find anything.
Just thought I'd share my recent experience.
Last Friday I was driving myself and my wife home from a nice dinner date in Markham/Richmond Hill north of T-DOT, and I had two (what looked like) ETF officers "tail" me home and park on my driveway.
I had been driving southbound and reached a red light stopped in the right…
I have my trial date coming up next week. I got a ticket in North Bay, ON for driving 139km/h on a 90km/h. He was using a Genesis II directional radar. Tested it before and after the stop according to the notes. In his notes, he mentions the speeds that were displayed on the radar which were 140, 141, and 139. In his notes, he also mentions that the color of my car was blue when it is…
I paid my fines for 2 tickets; fail to provide ownership and fail to provide insurence. I now know i should have checked not guilty and mailed them in.
(the papers were in the car. I was looking for them but was distracted by a badgering 2nd officer who was attempting to identify my passenger. I found them when i stopped for coffee later.)
Now that you actually opened this topic and I have your attention
Please read all items below 1 to 8
1) If YOU start a THREAD/DISCUSSION for an incident - KEEP on ONE THREAD, even for no activity for several months or even just to keep updates for court steps, stay on one thread
HOW DO I FIND MY POST? >> TOP right of page is the following: view unread posts / view new posts / view…
I plan to request disclosure through registered mail or fax. I've tried requesting in person but got rejected because they told me I did not provide sufficient information on my Disclosure Request letter.
My question is, do they really need the officer's name and division when I provided them with the Offence Number, Offence Date, Charge, Court Date, and Location? Also they said they do…
Been charged with Careless Driving in a residential area.
1. The Officer has a Witness statement. If the Witness does not appear at Trail, can that statement be introduced at Trial by the Crown and used against me.?
2. The Address "Number" (the Street is correct) on the infraction does not remotely exist, is an empty field. Does this matter?
Is there a requirement for commercial vehicles to be maintained only by licensed mechanics (e.g., oil changes, tire rotations)? I'm working with Habitat for Humanity and we are looking into a cargo van for the ReStore; I'm more than capable of doing maintenance but I'm not sure if it is legal because I am not a licensed mechanic.
which I had not search.
Now that you actually opened this topic and I have your attention 