Penalty for driving unsafe vehicle Sect 84

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Penalty for driving unsafe vehicle Sect 84

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Penalty for driving unsafe vehicle

84. (1) No person shall drive or operate or permit the driving or operation upon a highway of a vehicle, a street car or vehicles that in combination are in such a dangerous or unsafe condition as to endanger any person. R.S.O. 1990, c. H.8, s. 84.

Vehicle with critical defect deemed unsafe

(1.1) If a commercial motor vehicle or trailer has one or more critical defect, as prescribed by regulation, it shall be deemed to be in such a dangerous or unsafe condition as to endanger any person. 1997, c. 12, s. 11.

Penalty

(2) Every person who contravenes this section 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), on conviction is liable to a fine of not less than $400 and not more than $20,000. 1996, c. 20, s. 19.

Offence if wheel detaches from commercial motor vehicle

84.1 (1) Where a wheel becomes detached from a commercial motor vehicle, or from a vehicle being drawn by a commercial motor vehicle, while the commercial motor vehicle is on a highway, the operator of the commercial motor vehicle and the owner of the vehicle from which the wheel became detached are guilty of an offence. 1997, c. 12, s. 12.

Exception

(2) If a wheel is detached for the purpose of carrying out a roadside repair, subsection (1) does not apply while the wheel is so detached. 2005, c. 26, Sched. A, s. 13 (1).

Penalty

(3) Upon conviction of an offence under subsection (1), the person is liable to a fine of not less than $2,000 and not more than $50,000. 1997, c. 12, s. 12.

No imprisonment or probation

(4) A person convicted of an offence under subsection (1) is not liable to imprisonment or to a probation order under subsection 72 (1) of the Provincial Offences Act as a result of the conviction or as a result of default in payment of the fine resulting from the conviction. 1997, c. 12, s. 12.

Absolute liability offence

(5) It is not a defence to a charge under subsection (1) that the person exercised due diligence to avoid or prevent the detaching of the wheel. 1997, c. 12, s. 12.

Deemed owner

(6) For the purpose of this section, the holder of the permit or of the plate portion of the permit shall be deemed to be the owner of the vehicle, if the number plate displayed on the vehicle at the time the offence was committed corresponds to the permit, unless the permit holder proves that the number plate was displayed on the vehicle without the permit holder’s consent. 1997, c. 12, s. 12.

Definitions

(7) In this section,

“operator” means,

(a) the person directly or indirectly responsible for the operation of a commercial motor vehicle, including the conduct of the driver of, and the carriage of goods or passengers, if any, in, the commercial motor vehicle or combination of vehicles, and

(b) in the absence of evidence to the contrary, where no CVOR certificate, as defined in subsection 16 (1), or lease applicable to a commercial motor vehicle, is produced, the holder of the plate portion of the permit for the commercial motor vehicle; (“utilisateur”)

“wheel” includes a major component of a wheel, such as a wheel rim or wheel assembly, and a large piece of a wheel or of a major component of a wheel, but does not include a tire or large piece of a tire. (“roue”) 2005, c. 26, Sched. A, s. 13 (2, 3).

Same

(8) In this section and in sections 84.2 and 84.3,

“commercial motor vehicle” does not include a commercial motor vehicle, other than a bus, having a gross vehicle weight, as defined in subsection 114 (1), or manufacturer’s gross vehicle weight rating, or gross vehicle weight for the purpose of determining the permit fee under subsection 121 (1) of 4,500 kilograms or less; (“véhicule utilitaire”)

“permit” means a permit issued under subsection 7 (7) or a vehicle permit issued by another province or state. (“certificat d’immatriculation”) 2005, c. 26, Sched. A, s. 13 (2).

Offence if parts, etc., detach

84.2 (1) Where any part of a vehicle or anything affixed to a vehicle becomes detached from the vehicle while it is on a highway, the driver of the vehicle is guilty of an offence. 2005, c. 26, Sched. A, s. 14.

Exception

(2) If a part or thing is detached from a vehicle for the purpose of carrying out a roadside repair, subsection (1) does not apply while the part or thing is so detached. 2005, c. 26, Sched. A, s. 14.

Penalty

(3) Upon conviction of an offence under subsection (1), the driver of the vehicle is liable to a fine of not less than $100 and not more than $2,000. 2005, c. 26, Sched. A, s. 14.

Same

(4) Where the vehicle from which the part or thing becomes detached is a commercial motor vehicle, a vehicle drawn by a commercial motor vehicle, a mobile crane or a road-building machine, the driver of the vehicle is liable on conviction to a fine of not less than $400 and not more than $20,000, and not as provided in subsection (3). 2005, c. 26, Sched. A, s. 14.

Licence suspension

(5) In addition to the penalty under subsection (3) or (4), as the case may be, the court may suspend the person’s driver’s licence for a period of not more than 60 days. 2005, c. 26, Sched. A, s. 14.

Offence of causing parts to detach

84.3 (1) Every person who performs work to repair or maintain a vehicle or a vehicle part and who does anything that causes a part of the vehicle or anything affixed to the vehicle to become detached from the vehicle while it is on a highway is guilty of an offence. 2005, c. 26, Sched. A, s. 15.

Same

(2) Every person who carries on a business of repairing or maintaining vehicles or vehicle parts and who does anything or permits another person to do anything that causes a part of a vehicle or anything affixed to a vehicle to become detached from the vehicle while it is on a highway is guilty of an offence. 2005, c. 26, Sched. A, s. 15.

Exception

(3) If a part or thing is detached from a vehicle for the purpose of carrying out a roadside repair, subsections (1) and (2) do not apply while the part or thing is so detached. 2005, c. 26, Sched. A, s. 15.

Penalty

(4) Upon conviction of an offence under subsection (1) or (2), a person is liable to a fine of not less than $100 and not more than $2,000. 2005, c. 26, Sched. A, s. 15.

Same, commercial motor vehicle

(5) Where the vehicle from which the part or thing becomes detached is a commercial motor vehicle, a vehicle drawn by a commercial motor vehicle, a mobile crane or a road-building machine, the person who is guilty of an offence under subsection (1) or (2) is liable on conviction to a fine of not less than $400 and not more than $20,000, and not as provided in subsection (4). 2005, c. 26, Sched. A, s. 15.
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

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