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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
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Experience:  25 years in practice
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Our son was driving his pick up (registered in BC) with a trailer

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Our son was driving his pick up (registered in BC) with a trailer (carrying his furniture etc as he is moving to Ontario). He was stopped just inside Ontario and charged under Traffic Act number 107(4) (d) for failure to accurately complete daily inspection reports. The fine is $400 and he will get a mark on his licence (he has a Class 1 licence and will be looking for a job in Ontario so this is serious!) Another police officer told him that he should not have been charged. Is this correct?

Tom B. :

Dear Sir/Madame:

Tom B. :

Yes this is unfair. The section applies to commercial vehicles.

Tom B. :

I assume his pick up truck is not a commercial vehicle??

Customer:

No it is just his private vehicle

Tom B. :

He must read the citation carefully. There will be instructions on how to dispute the ticket. This must be done on time. This is his only recourse. To go to court and explain the situation.

Tom B. :

Then he will win in my opinion. Have you read the section? I can provide if not.

Tom B. :

It is clear that it pertains to commercial carriers. Private vehicles are not covered.

Customer:

Ontario is very big - as you probably know!! His new home is two days drive from where he received the ticket. I think I have read the section but could you provide it for me please? Can he appeal without going to court so far away?

Customer:

Yes please could you provide the section and is there any way he can appeal without going to the other side of Ontario? He needs to get a job and start earning as he has spent every last cent getting to his new home

Tom B. :

Every operator shall, for every commercial motor vehicle operated by the operator and for every vehicle drawn by such a commercial motor vehicle,


(a) supply the driver of the commercial motor vehicle with the daily inspection schedule for the commercial motor vehicle and the drawn vehicle;


(b) ensure that daily inspections of the commercial motor vehicle and drawn vehicle are conducted in the prescribed manner;


(c) ensure that any under-vehicle inspections required by the regulations in respect of the commercial motor vehicle and drawn vehicle are conducted at the times, in the circumstances and in the manner prescribed;


(d) ensure the accurate completion of daily inspection reports and under-vehicle inspection reports in respect of the commercial motor vehicle and drawn vehicle.

Customer:

Thanks - and what about the fact that his vehicle is insured and registered in BC - is this relevant too or not necessary as part of the defence?

Tom B. :

Perhaps this is possible. What he has to do is contact the court where the case is to be heard. He should file dispute papers regardless. Then he asks who prosecutes on the day that he is to appear. I do not mean a person but what agency. In some courts the police prosecute tickets others there is a different Crown representative......

Customer:

and is there any way he can appeal without going to where he was given the ticket (so far from where he is now going to live )

Tom B. :

In any event, the "Crown" has the discretion to drop the ticket. But, he needs to get hold of someone who is thinking and who will realize there is no hope of a conviction. .....

Tom B. :

He will need to show his BC registration but the fact that it is registered in BC is not the main issue. The fact it is not a commercial vehicle is the big point.

Customer:

Thanks. Is there any point is his ringing the Police Station and informing them that the ticket was issued in error ?

Tom B. :

If he cannot find the right person to talk to, or that person disagrees for some reason, then he will have to attend and with his registration and fight it. On your facts however, whomever the "Crown" is should drop it once they see a copy of his registration.

Customer:

Thanks for your help. That is a good answer

Tom B. :

If it is the police, make sure he speaks with someone who is not the issuing officer and hopefully of higher rank. If the Crown is a lawyer, he should just call them up and provide his registration and this should go away.

Customer:

Good point! I hope the Police officer is reprimanded and told to do some homework!!

Customer:

Thanks for you help

Tom B. :

It is a pretty silly mistake!

Customer:

Yes! Bye and thankyou!

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