Seat Belt Infraction

ajchatel
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Seat Belt Infraction

Unread post by ajchatel »

I was driving with a passenger in my Cab, when I was pulled over. When the Officer approached the Cab, he asked if I had a good reason for not wearing my seat-belt. I stated to him, because I have a passenger, to which he responded with "Their is a National Seat Belt Campaign" on and with zero tolerance. I've checked the MTO, and it states that we are exempt as long as we have a passenger(s) in the car. If there is no passenger, we must wear the Seat Belt. To conclude my story, he gave me a Seat Belt infraction ticket for $240, but then stated if I wish to appeal it, that the information is on the back of the ticket. What is your opinion???


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Decatur
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Re: Seat Belt Infraction

Unread post by Decatur »

Highway Traffic Act R.R.O. 1990, REGULATION 613
Section 7(3) The driver of a taxicab while transporting for hire a passenger is exempt from subsection 106 (2) of the Act.

That ticket won't get too far. I'm betting that the prosecutor will pull that one. Just in case, I hope you've kept your fare logs and possibly got the passengers information?
Sounds like the officer may need a little HTA remedial.
In the mean time, make sure you plea Not Guilty to give yourself time to get it straightened out.








ajchatel
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Re: Seat Belt Infraction

Unread post by ajchatel »

I just checked the Ontario Highway Traffic Acts, and I did not see an exemption for Cab Drivers, unless I missed it somehow. I would like to know if I am within the law. When I go to the traffic ticket office, I want to be within the law. Thanks in advance!




ajchatel
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Re: Seat Belt Infraction

Unread post by ajchatel »

Thanks to the people that posted on my Seat-Belt posting. I've printed out both the MTO, and HTA rulings on Seat Belt exemptions. I feel much better prepared. Thanks again for taking your time to help me out!!!


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Radar Identified
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Re: Seat Belt Infraction

Unread post by Radar Identified »

Bring those rulings, your licence, and any proof that you might have that you were carrying a fare with you at the time.

I'm sure you know this, but the exemption allowing cabbies to drive without a seatbelt is because of robberies. Thieves would grab the seat belt to pin the cabbie in the seat while threatening them with a weapon. Sheesh... even I knew that.

Anyway, on the day of trial, check in with the Prosecutor and explain that you were a cab driver carrying a fare. Present the regulations at that time. In the highly unlikely event that the Prosecutor insists on a trial, when it's your turn to ask questions:

You: "Constable, when you stopped the defendant (me), was he driving a cab at the time?"
Officer: "Yes."
You: "Was the defendant carrying a fare at the time?"
Officer: "Yes."
You: "Did the defendant point this out to you?"
Officer: "Yes."
You: "Did the cab driver have a valid taxi licence?"
Officer: "Uhh....."
You: "Are you familiar with regulation 613, which covers seat belt exemptions?"
Officer: "Yes, I am."
You: "Really? I have it here... please read the following paragraph..."

After he does that, tell the court you would like to make a motion of non-suit, and the case should be tossed.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca




ajchatel
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Re: Seat Belt Infraction

Unread post by ajchatel »

Well, I went to the Blenheim Traffic Court building this morning. I was asked what I wanted to do, pay it? plead guilty? or not guilty? I told her not guilty, and she told me that in within a month or so, I will be receiving a letter telling me when my court appearance will be. Besides what some have posted so far, is there any anything else to help me???


ajchatel
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Re: Seat Belt Infraction

Unread post by ajchatel »

Would the fact that she only wanted my driver's license, and not my Taxi Cab license, be enough to toss it out? As I stated in the beginning, I pointed out to her that I had a passenger, my Cab has a Top Sign on the roof, pointed to my Cab license, but she said all I want is your regular driver's license. I'm just trying to build up a case of not guilty.


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Re: Seat Belt Infraction

Unread post by Stanton »

ajchatel wrote:Would the fact that she only wanted my driver's license, and not my Taxi Cab license, be enough to toss it out?
No. The fact that you were exempt from wearing a seatbelt at the time is.

I'd be requesting a first attendance meeting with the Prosecutor if they're offered in your jurisdiction. The Crown should recognize there is no prospect of conviction and simply withdraw the charge. Should save you some time.


ajchatel
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Re: Seat Belt Infraction

Unread post by ajchatel »

I just received my letter stating the time and place for my trial. It will occur October 2/2012 in Blenheim's Traffic Court. Has there been any new revisions in the seat belt exemptions. It stated in the letter, that I was given a ticket for not wearing a seat belt in relation to section 106(2) of the HTA. I think that just means that I was not wearing a seat belt according to that ruling. I think it is still probable that it might get appealed. I just wanted some one's opinion who deals or has dealt with this situation. Thanks in advance!!


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Re: Seat Belt Infraction

Unread post by hwybear »

ajchatel wrote: Has there been any new revisions in the seat belt exemptions. It stated in the letter, that I was given a ticket for not wearing a seat belt in relation to section 106(2) of the HTA. I think that just means that I was not wearing a seat belt according to that ruling. I think it is still probable that it might get appealed
nothing has changed at all in regards to exemptions.....your letter is simply a notice of trial (and not the charging document, that was the offence notice handed to you by the officer). The "notice of trial" just has the date/time/location of court, the charge against you (driver - fail to wear seatbelt) and what act/section you were in violation of ( highway traffic act, section 106(2) ) and when the offence notice was issued


Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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