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My relative had a ran s truck off a logging road that is not…

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My relative had a ran...
My relative had a ran his truck off a logging road that is not maintained by township, county or provincial governments. He was charged with careless driving by the Ontario
Provincial Police. This road is a private road maintained by a logging company. Can he
be charged with this offence of careless driving. No alcohol or drugs were involved?
Submitted: 2 years ago.Category: Canada Law
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Answered in 11 hours by:
9/23/2015
Lawyer: Tom B., Barrister & Solicitor replied 2 years ago
Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2,415
Experience: 25 years in practice
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Hi

Alas, in my opinion this person can be charged.

The Highway Traffic Act clearly has jurisdiction over any road the public uses even if over private land.

If however this person was clearly a trespasser and no one of the public used the road, then perhaps there is an argument. But if people use the road, whether private land or not, it falls under the legislation where careless driving lies.

Of course all law is fact specific and he should consult a lawyer. But, on what you have told me, the Highway Traffic Act applies and therefore the charge can be laid.

Sincerely,

Tom

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