Kunundrum

Alright, First a Little background, I am a N.B. resident my car has N.B. Plates on it, I have a N.B. liscence, and N.B. insurance.

I go to school in Barrie. I have my car here (duh!)

Today I was driving back From T.O. Since I flew home for the weekend.

I get to Vaughn and I see this OPP car on this little paralle road that lead on the 400... and he seems to be pacing me... speedo check... not speeding I'm in the middle lane. He merges on to the 400 and get's behind me... alright... I'm still not doing anything wrong... lights turn on... I pull over.

he askes for my papers I hand it over to him, then he asks me about my muffler... how long I have had it so on. Told him it was put on by my muffler shop in N.B. and I have had it for over 4 years now and my car is 100% Legal in NB (we have yearly inspections) offered to show the paper work I had for it... he declined.

takes my stuff back to his car and comes back with a Improper muffler Ticket.

Now From my understanding, Since I am not an ontario Resident (officialy) this Should not have been give to me since I have Documentation that states that my car is 100% legal in N.B. and I am only a visitor in Ontario (officialy)

any Ideas I don't feel like removing my 5Zigen because of some upset OPP that had to work on thanksgiving monday... I can also think of better thing to do with 110$

I am going to call the crown tomorow though.

DumbasSi

Your car may be legal in N.B, but you were here when you got the ticket so it probably has to conform to Ontario laws. Call the MTO and ask them.

Kunundrum

using that analogy any Ontario cars that visit the atlantic provinces would need to remove the window tint from the front windows since that is illegal in the atlantic Provinces.

but that is not enforced to non-residents because this only applies to Residents.

imported_Bruce Fee

you must conform to the laws of the society you are in..

imported_rbjeepthing

Once again your car must meet the standards of the province you were in. There are no points for a improper muffler so apply for your court date and go in talk to the crown and see what happens.

Kunundrum

Conclusion:--

The charges were withdrawn by the crown, once I showed Proof that my car complies to all rules and regulations set forth by my liscensing province. (resent inspection slip) and that i am not a permanent resident of Ontario (Full time student).

since this is not an "Intentional" Wrong (like speeding) I cannot be held liable for it.

case closed.

marker

You mean to say you can't be held liable for an unintentional wrong? Well, there goes just about the entire Ontario Highway Traffic Act then.

You got lucky. They could have chosen to convict you anyways on the basis of your car not complying with the laws of this province. There are a few very limited exceptions for vehicles visiting from other locales and these are explicitly spelled out in the HTA and its associated regulations. Mufflers are not among them.

You say the charges were withdrawn. This was done out of courtesy and nothing more. There was no finding of "not guilty", and beleive it or not, you could be charged again for it tomorrow with no certainty that the next Crown would later withdraw the charge.

Kunundrum

see there is this fundamental rule "One can be slave to only one master" Because I am from out of Province, my "master" is the province my car is registered in. as long as my car complies to all rules and regulations set forth by my registering Province that is all I need to comply to for Certain Acts in the MVA.

I could Drive with Studded winter tires and not get a ticket (because they are legal back in N.B.)

you say it's a courtesy... yeah maybe, but the Crown procecutor also said I should not have gotten this ticket, Because I was from out of province & even though I am in the province for more than 30days I don't need to change my paperwork to Ontario status because I am a Full time student with plans to return back to NB once done.

Now if I were speeding, that would have been a whole different ball game. because I know it's wrong and chose to do it anyways.

But whatever I guess everybody on the board are experts in the Highway traffic act and attorneys alike, and my father that is a card carring member of the B.A.R. for the last 40 years is just full of ****.

imported_jonny_emo

well congrats on getting that cleared up man!

i fully agree with what was done. it's really no different if we were in the states and got a ticket for something like this...even if we were only there for three days....would it not suck to get a ticket for a temporary visit?

if we were to conform to other provinces when we get there....that would just be wrong....someone visiting would have to get a drive clean, and safety(?) when they came to ontario...

marker

You see, there is also a rule that one is expected to abide by the rules of the master of the house that one is a guest in, else, find another house whose master has rules you like.

The only thing you have correct in the above statement is the clause "certain acts", and those "certain acts" are explicitly spelled out in Ontario's HTA.

Now go ahead and get your studded tires. You see, they too are explicitly spelled out in the HTA, even to apply to one such as yourself who seems to think otherwise.


Ask your daddy about that one.

And just to add one more, some states, such as Ohio, do not require motorcycle riders to wear helmets. Under your logic, they would be able to ride lid-free in ON as well as OH. We all know that "just ain't so".

marker

Think a little harder on that one.

Exactly when is an Ontario resident required to geta drive clean or safety inspection?

And under what circumstances would a visitor fall under that requirement, other than the time when that visitor is no longer a visitor but has become a permanent resident?

Kunundrum

No, because that is like seatbelts. Under my logic, it woul enable you to visit/study in the maritimes (for example) while driving your personal vehicle without having to get

1. a yearly inspection (one for each province)
2. ticketed for having tint in your Front windows
3. having License plate covers.
4. a front plate (for the provinces that do not require one)
... so on.

the basis of the argument is that is nearly impossible to have a vehicle that complies to all regulation in all 10 provinces and 3 territory, not to mention the US States.


as for the 30days statment, it comes into play because after 30day residing in Ontario you need to become and Ontario resident, once you are a resident you need to comply to all the rules. However there is an exception to that as well. being a Full time student I Keep my residency in my home Province t'il my study period is over.

however I'm done arguing about this, since I just wanted to post an update on my situation and everybody seems to want to bitch and complain about it.

marker

Now you're rathionalizing and making up your own exceptions to the law, whereas if you actually knew the law, you would understand that all such exceptions would ALSO be explicitly defined in the law.

That stipulation is very explicit. It makes no mention of persons temporarily residing in province for school or any other convenient excuse. It simply says, "and the vehicle is in Ontario for no longer than 30 days" regardless of reason for it or its owner being here.

Essentially, it permits such a vehicle in the province for a very short visit or so that vehicle can transit through the province to another jurisdiction without forcing a tire change along the way for that brief interval. Nothing more.

Like I said, take that one up with your daddy.