Motorists’ Rights – Tickets

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Commercial motor vehicles Definitions

Highway Traffic Act

R.S.O. 1990, CHAPTER H.8

Consolidation Period: From December 31, 2011 to the e-Laws currency date.

Note: March 31, 2012 has been named by proclamation as the day on which the amendments made by 2009, c. 33, Sched. 4, s. 3 (3), (4) come into force.

Last amendment: See Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 – December 31, 2011.

Commercial motor vehicles

Definitions, ss. 16-23.1

16.  (1)  In this section and in sections 17 to 23.1,

“commercial motor vehicle” does not include,

(a) a commercial motor vehicle, other than a bus, having a gross weight or registered gross weight of not more than 4,500 kilograms, an ambulance, a fire apparatus, a hearse, a casket wagon, a mobile crane, a motor home or a vehicle commonly known as a tow truck,

(b) a commercial motor vehicle leased for no longer than thirty days by an individual for the transportation of goods kept for that individual’s personal use or the gratuitous carriage of passengers,

(c) a commercial motor vehicle operated under a permit and number plates issued under a regulation made under clause 7 (24) (g) or (h) that is not transporting passengers or goods,

(d) a commercial motor vehicle operated under the authority of an In-Transit permit, and

(e) a bus that is used for personal purposes without compensation; (“véhicule utilitaire”)

“compensation” includes any rate, remuneration, reimbursement or reward of any kind paid, payable or promised, or received or demanded, directly or indirectly; (“rémunération”)

“CVOR certificate” means a Commercial Vehicle Operator’s Registration Certificate issued under this Act; (“certificat d’immatriculation UVU”)

“goods” includes all classes of materials, wares and merchandise and livestock; (“biens”)

“operator” means the person directly or indirectly responsible for the operation of a commercial motor vehicle including the conduct of the driver of, and the carriage of goods or passengers, if any, in, the vehicle or combination of vehicles; (“utilisateur”)

“safety record” means the safety record of an operator determined in accordance with the regulations; (“fiche de sécurité”) R.S.O. 1990, c. H.8, s. 16 (1); 1994, c. 27, s. 138 (8); 1996, c. 33, s. 1; 2002, c. 18, Sched. P, s. 3 (1-3); 2009, c. 5, s. 5.

Penalty for driving unsafe vehicle

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90h08_e.htm#BK145

Highway Traffic Act

R.S.O. 1990, CHAPTER H.8

Consolidation Period: From December 31, 2011 to the e-Laws currency date.

Note: March 31, 2012 has been named by proclamation as the day on which the amendments made by 2009, c. 33, Sched. 4, s. 3 (3), (4) come into force.

Last amendment: See Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 – December 31, 2011.

Penalty for driving unsafe vehicle

84.  (1)  No person shall drive or operate or permit the driving or operation upon a highway of a vehicle, a street car or vehicles that in combination are in a dangerous or unsafe condition. R.S.O. 1990, c. H.8, s. 84; 2009, c. 33, Sched. 26, s. 3 (9).

Vehicle with critical defect deemed unsafe

(1.1)  If a commercial motor vehicle or trailer has one or more critical defect, as prescribed by regulation, it shall be deemed to be in a dangerous or unsafe condition. 1997, c. 12, s. 11; 2009, c. 33, Sched. 26, s. 3 (10).

Penalty

(2)  Every person who contravenes this section is guilty of an offence and, if the offence was committed by means of a commercial motor vehicle within the meaning of subsection 16 (1), on conviction is liable to a fine of not less than $400 and not more than $20,000. 1996, c. 20, s. 19.