Going to Canada in an ungoverned truck

Discussion in 'Ask An Owner Operator' started by Midnightrider909, Jan 24, 2018.

  1. rank

    rank Road Train Member

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    What happens when the IFTA auditor asks why your Odometer doesn’t match your IFTA reports?
     
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  3. rank

    rank Road Train Member

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    Scalehousss can check if they want
     
  4. rank

    rank Road Train Member

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    Ha
    But Have they been checked? I got dinged at the St. Rosalie scale in QC several years back never been checked since. Not sure why
     
  5. 1johnb

    1johnb Medium Load Member

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    I understand that they cannot arbitrarily hook to your ecm to check the speed settings The can if you are caught going over the speed limit. It was a court case that settled this I will see if I can find info about it
     
  6. gokiddogo

    gokiddogo Road Train Member

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    They can and do plug into your ecm at the scale. They do not need to catch you speeding. They pick on American plated trucks a lot more than Ontario or Quebec plated units. They know they're more likely to find money. And (in Ontario at least) they cannot see if driver rewards is activated or whatever parameters it is set to.

    There was a man who contested it to the highest court level possible. His case was, how can one jurisdiction demand the maximum speed I may travel in another? Another country, at that. He died before it was finished. And the court sided with the ministry at the lower levels.
     
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  7. rank

    rank Road Train Member

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    I believe you will find you are incorrect. Make sure you read the appeals.
     
  8. rank

    rank Road Train Member

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    Yep. There have been at least three court challenges that I can think of.

    There was Lee Ingratta. He was the fellow that demanded the DOT sign a waiver before hooking into his truck. He was formerly employed as a computer tech and knew the DOT needed to be properly grounded to eliminate static electricity. He won but pretty sure he lost on appeal. Don't recall the reason.

    There was Gene Michaud. He was the fellow that claimed speed limiters violated his charter of rights by putting him in danger. He said were just plain unsafe for many reasons one of which was it took away his ability to speed up to avoid a dangerous situation. Mr. Michaud won but the crown appealed. Mr Michaud passed away before the appeal but his wife went ahead with it anyway. They lost, even though the judge agreed with Michaud's argument. The judge flat out stated that the safety of the motoring public and reduced emissions was more important than the safety of Mr Michaud.

    Then there was another guy. I forget his name and his argument but he lost too.
     
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  9. gokiddogo

    gokiddogo Road Train Member

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    For the case of Lee Ingratta. That sounds bass ackwards to me.
    1. Crown charges someone. The defendant is then let off the hook.
    2. Crown then appeals the decision. How?? I thought an appeal was the other way around. For the convicted to have a retrial based on new evidence or new findings, or perhaps an argument of incompetent defense lawyer, etc.

    I always thought once your case is dismissed, that is the end of it. I never did understand this one.
     
  10. rank

    rank Road Train Member

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    Either side can appeal. Ingratta lost on appeal....but I haven't been able to find the details. Perhaps the crown had some new info or they claim the JP made an error in the original trial. Maybe do a search on Canlii.org....that't the data base of court transcripts.

    then there's these two guys that also won
    Another Speed Limiter Ticket Bites the Dust – Sunset Country Paralegal
    Up to speed on truck limiter loopholes | Today's Trucking
     
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  11. rank

    rank Road Train Member

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    burns my britches that I can't find the details on Ingratta's appeal. WTF is up with that?
     
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