Page 1 of 1

emission ticket

Posted: Thu Nov 28, 2013 10:32 pm
by pello1
Today i was bringing my jetta diesel car home after an oil change, it was smoking more than usual. stopped by mto issued emission ticket for $365.00 dallars,took my plates off the car on the spot and made me towed home,i showed him slips and explain, it might have little more oil in it, that why and it is a diesel wont except anything. there was 2 officers... looking for help to fight it. thanks

Re: emission ticket

Posted: Fri Nov 29, 2013 6:32 am
by ynotp
Sure it was mto? Often it's moe and they do a roadside emissions test. Did they have the equipment to test your car?

Re: emission ticket

Posted: Fri Nov 29, 2013 8:50 pm
by Stanton
What was the actual charge, section and act?

Re: emission ticket

Posted: Fri Nov 29, 2013 9:54 pm
by pello1
ynotp wrote:Sure it was mto? Often it's moe and they do a roadside emissions test. Did they have the equipment to test your car?
Yes, I'm sure it was MTO. The cruiser had MTO on the doors... No equipments

Re: emission ticket

Posted: Fri Nov 29, 2013 10:01 pm
by pello1
Stanton wrote:What was the actual charge, section and act?
the charge (operate light vehicle from whah visible emission REG 361/48 under the environment protection act 6 (1)

Re: emission ticket

Posted: Sat Nov 30, 2013 8:25 am
by ynotp
ONTARIO REGULATION 361/98

Visible Emissions

6. (1) No person shall operate or cause or permit the operation of a light vehicle from which there is a visible emission for more than 15 seconds in any five-minute period. O. Reg. 401/98, s. 1; O. Reg. 86/99, s. 5 (1); O. Reg. 343/01, s. 5 (1).
(2) No person shall operate or cause or permit the operation of a heavy vehicle from which there is a visible emission for more than 15 seconds in any five-minute period. O. Reg. 401/98, s. 1; O. Reg. 86/99, s. 5 (2); O. Reg. 343/01, s. 5 (2).

Are you sure the ticket says 361/48??? or does the 9 look like a 4?

If so you may have a fatal error and I would pursue that course of action.

If there is no fatal error the regulation is about "visible emissions", which may be seen as arbitrary considering that even water vapor is visible. If you go to a drive clean and pass the test without repairs you could start going down that road but i wouldn't hold my breath (unless of course I was standing near your tailpipe).

Re: emission ticket

Posted: Sun Dec 01, 2013 10:01 am
by pello1
ynotp wrote:ONTARIO REGULATION 361/98

Visible Emissions

6. (1) No person shall operate or cause or permit the operation of a light vehicle from which there is a visible emission for more than 15 seconds in any five-minute period. O. Reg. 401/98, s. 1; O. Reg. 86/99, s. 5 (1); O. Reg. 343/01, s. 5 (1).
(2) No person shall operate or cause or permit the operation of a heavy vehicle from which there is a visible emission for more than 15 seconds in any five-minute period. O. Reg. 401/98, s. 1; O. Reg. 86/99, s. 5 (2); O. Reg. 343/01, s. 5 (2).

Are you sure the ticket says 361/48??? or does the 9 look like a 4?

If so you may have a fatal error and I would pursue that course of action.

If there is no fatal error the regulation is about "visible emissions", which may be seen as arbitrary considering that even water vapor is visible. If you go to a drive clean and pass the test without repairs you could start going down that road but i wouldn't hold my breath (unless of course I was standing near your tailpipe).
you are right i think it is 9 look like a 4

Re: emission ticket

Posted: Tue Jul 15, 2014 1:41 pm
by pello1
this Friday july 18 is my court day,
I been trying to get my disclosure for the past 3 months, no body knows where I need to get it from, the ticket office sent me first to prosecuter don't have it, second they sent me to m.o.t same don't have anything to do with it, after that to health unit same don't have it not there bus.at the end to m.o.e no luck I then called the superviser at MOE he found the prosecuter for my case, talk to him, ask me email him so its legal. he reply saying the officer did not send the disclosure to him, he told me he email the officer for it again and will email it to me... nothing received yet....3 momths
my question do I have the right to the disclosure?
any help will be appreciated

Re: emission ticket

Posted: Tue Jul 15, 2014 3:17 pm
by ynotp
MTO cases are a bit different they usually have their own prosecutor that does all of their cases on one day. You usually are asked to fax/write the MTO office directly for disclosure and they will mail it to you. When you go to court on Friday if the officer is there ask for an adjournment to the fault of the Prosecutor. Be prepared to illustrate your repeated attempts.