Ontario truckers challenge speed-limiter law in court
Discussion in 'Canadian Truckers Forum' started by rookietrucker, Jul 17, 2009.
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So nothings changed in Ontario as far as speed limiter law?????
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What if you're from out of province? It really doesn't make sense to enforce the law against out of province trucks...it would the equivalent of charging Americans here on vacation for not having daytime running lights.
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Not just out of province, but American trucks going into Canada have to be limited too, and can be checked at the engine port connection... and they'll be fined as well.
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An O/O did defeat a ticket for refusal to allow access to his truck's ECM port. He told the OPP (or was it MTO?) officer that he could have access as soon as the officer signed a waiver ensuring that by accessing the ECM port that there would be no damage and if there was then the province would pay for it. The officer declined the waiver annd the driver was ticketed. When it went to court the judge threw out the ticket for refusal. The province has appealed, which IIRC, is scheduled for this month.
EDIT: The appeal was set for May 9. I haven't been able to find any results yet. -
I was told by a DOT officer about a month ago that there is only 2 units in Ontario that can check your ECM therefore, unless you happen to be at a scale where they have one, chances are you won't receive a ticket for not being governed. Of course, if you are caught speeding faster than 105km/h you can receive both a speeding ticket and a no speed limiter ticket. FYI, I did receive a no speed limiter ticket the first summer that they started enforcing the law. It was at the scale in Vermilion Bay,ON.
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Moved for July/4th.
"Ontario trucker Lee Ingratta is nearly two years removed from beating the provinces speed-limiter law in court, but his ordeal is not over yet. The Ministry of Transportation of Ontarios appeal is scheduled to be heard July 4 in St. Catherines."
http://www.landlinemag.com/todays_news/Daily/2011/Jun11/053011/060111-05.shtml -
Thanks for the update. I wish Lee the best of luck in helping to defeat an insidious and ignorant law... unfortunately I don't think that will be the ultimate outcome.
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you will be fined if over 115km/h because they can assume that the limiter is not in place!
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