There have been several cases in Ontario where companies (small O/O's) have taken the law to court on various grounds. One such case was I think brought by Gene Michaud who argued that the law put drivers in danger and therefore violated his Charter of Rights and Freedom (constitutional rights in the USA). He made some good points and won his case. The Gov't appealed but before the appeal was heard, Michaud died. His wife carried on with the appeal in his honour but she and the lawyer didn't really have the knowledge to make the case to the judge. You have to drive to know what it's like. Anyway, they lost the appeal, not surprisingly.
In-cab switch for speed limiter?
Discussion in 'Trucks [ Eighteen Wheelers ]' started by CousinVinny, May 20, 2015.
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The other one that had worked in court, but hasn't lately was refusing to let the MTO/OPP plug into your truck on the grounds they won't take responsibility if their readers puts a virus in your ECM.
There may be ways you can beat it, but it will cost you more in lawyers than what the fine is. I'm not sure if it has changed, but it was just the fine, no CVOR points. -
...and another case that had merit was the O/O (Lee Ingratta) that asked the DOT cop to sign a waiver before he connected to the truck's ECM. The waiver made the DOT responsible for any damage to the ECM caused from static electricity. This guy won his case also. I never heard what happened on appeal so I suppose that means he lost also.
http://www.truckstopcanada.ca/forum...er-beats-speed-limiter-ticket-in-Canada/page3
In any event, win or lose, this is not really a solution because I imagine how this scenario would play out.
1. DOT signs waiver
2. DOT wrecks truck
3. Owner says you wrecked my truck
4. DOT says prove it.
5. Owner must now spend $25,000 to sue the Gov't for a new ECM that costs $5,000
5. And so it goes. The Gov't, continues bankrupting business people with their own tax dollars.Last edited: Jun 7, 2015
Hammer166 Thanks this. -
Somebody told me there is a pre-made liability form floating around on the internet, LOL, but I haven's seen it.
I'm sure that by presenting that to the MTO/DOT will only make you day go from bad to worse, LOL. -
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On the freightliners and internationals you take off the connector you look at all the time when your fueling that is connected to the driveshaft right at back of tranny, put a paperclip loop in that and you'll kill the governor and rpm limiter..
It will freak the computer out and your dash will do wierd stuff for awhile, only rpm gage will work accurately..1400 rpm is 65, 1500 is 75...1600 is 80
My 'digiHUD app" on my smartphone clocked me at 92 downhill with half loaded doubles and a tailwind in a prostar set at 64 mph....I just stayed on the horn as i blew by everyone
The guy who taught me that trick also has the $300 box you e-log guys need, it plugs into same connector, doesnt kill limiters, just supplys them with the info it needs to have to show you as legal and within parametersNick209 Thanks this. -
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I always found that case odd. The one where the guy was convicted, fought it, won the case, then the MTO appealed the court to convict him again ... I thought once you were deemed innocent that was it - and appeals were only if you were found guilty and there was new information for a new trial ... always seemed backwards on that one.
The new engines are not able to get away with using driver rewards anymore? -
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Couldn't you go back up into the harness and break a wire,so they can't read the ECM?
When I say break,run it thru a switch.
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