Brakes , Section 64

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Brakes , Section 64

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Brakes

Brakes, two systems required


64. (1) Every motor vehicle, other than a motorcycle, when driven on a highway shall be equipped with at least two braking systems, each with a separate means of application and effective on at least two wheels, one of which shall be adequate to stop the vehicle as required by regulations made by the Ministry and the other of which shall be adequate to hold the vehicle stationary. R.S.O. 1990, c. H.8, s. 64 (1).

Motorcycle or motor assisted bicycle

(2) Every motorcycle or motor assisted bicycle when being driven on a highway shall be equipped with at least two braking systems each with a separate means of application with one effective on the front wheel and one effective on the rear wheel. R.S.O. 1990, c. H.8, s. 64 (2).

Brakes on bicycle

(3) No person shall ride a bicycle on a highway unless it is equipped with at least one brake system acting on the rear wheel that will enable the rider to make the braked wheel skid on dry, level and clean pavement. R.S.O. 1990, c. H.8, s. 64 (3).

Meaning of bicycle

(4) In subsection (3),

“bicycle” has its ordinary meaning and does not include a unicycle or tricycle. R.S.O. 1990, c. H.8, s. 64 (4).

Trailer or semi-trailer

(5) Every trailer or semi-trailer having a gross weight of 1,360 kilograms or more shall be equipped with brakes adequate to stop and to hold the vehicle. R.S.O. 1990, c. H.8, s. 64 (5).

Additional brakes

(6) The Lieutenant Governor in Council may make regulations,

(a) requiring vehicles or any type or class thereof to be equipped with brakes or braking systems in addition to the brakes required by subsection (1), (2), (3) or (5);

(b) prescribing the standards and specifications of brakes and braking systems or any class or type thereof that are required by this section or regulations made under clause (a);

(c) exempting any person or class of persons or any class of bicycles from subsection (3) and prescribing conditions for any such exemption. R.S.O. 1990, c. H.8, s. 64 (6).

Condition of brakes

(7) All such brakes and braking systems shall be maintained in good working order and shall conform to the regulations made under this section. R.S.O. 1990, c. H.8, s. 64 (7).

(8) Repealed: 1999, c. 12, Sched. R, s. 12.

Penalty

(9) Every person who contravenes subsection (1), (5) or (7) or a regulation made under subsection (6) is guilty of an offence and, if the offence was committed by means of a commercial motor vehicle within the meaning of subsection 16 (1) or any trailer within the meaning of subsection (5) that is drawn by a commercial motor vehicle within the meaning of subsection 16 (1), on conviction is liable to a fine of not less than $400 and not more than $20,000. 1996, c. 20, s. 14.
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com


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