2016-07-12 rider V garbage can | GTAMotorcycle.com

2016-07-12 rider V garbage can

meester_jamie

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Published Tuesday, July 12, 2016 8:59AM EDT http://kitchener.ctvnews.ca/a-person-has-been-charged-after-garbage-can-hits-motorcycle-1.2983262
A road accident involving a garbage can left two motorcyclists with minor injuries.
On July 9, 2016 around 11 a.m., Perth County OPP were called to a collision between a garbage can and motorcycle west of Stratford.

The garbage can had allegedly blown out of a utility trailer being towed by a Hyundai SUV. The vehicle had been travelling westbound on Highway 8 ahead of the motorcycle, which was also westbound.
Police say that the garbage bin landed directly in the path of the motorcycle.
The driver of the bike made an evasive move but the can blew into the motorcycle causing the rider to lose control and wipe out.
According to the OPP the motorcycle slid across the road and into the eastbound lane, where it came to rest.

Both the motorcycle male driver and female passenger were transported to a local hospital with minor injuries.

The 46-year-old woman driving the Hyundai was charged with insecure load contrary to the Highway Traffic Act of Ontario.

The OPP is reminding drivers that loads being carried in vehicles must be bound, secured, contained or covered. It is an offence is the load becomes dislodged, falls, leaks, spills or blows from a vehicle.
 
Glad it was minor but seriously that's all she got charged with is an insurance load?
 
GWS Rider & passenger.

ItemOffenceSection
Set Fine
316 .
Insecure load
111(2)
$130.00
 
Glad it was minor but seriously that's all she got charged with is an insurance load?

Unsecured load, which is all that the the offending driver did. What else would you charge them for? Unnecessary noise for the sound of the garbage can hitting the motorcycle?
 
The sad joke of it all too is since no other vehicle was involved, likely this will count as an at-fault under collision. Hopefully they somehow get off easy, given not much you could do in that situation (sometime is is just luck, or lack thereof).
 
Unsecured load, which is all that the the offending driver did. What else would you charge them for? Unnecessary noise for the sound of the garbage can hitting the motorcycle?

If parking lot donuts is dangerous operation when nobody went to the hospital, this should be attempted murder no?

.... I'm being facetious before you bother to reply
 
If parking lot donuts is dangerous operation when nobody went to the hospital, this should be attempted murder no?

You make a good point.

Not so much with the "attempted murder" hyperbole but that if we're going to say that some dude doing donuts in a parking lot is driving dangerously then an "unsecured load" on public roads should become something akin to, say, negligence causing bodily injury if someone gets hurt as a result of your negligence. Sec 219 of the CCoC states:

219. (1) Every one is criminally negligent who
(a) in doing anything, or(b) in omitting to do anything that it is his duty to do,
shows wanton or reckless disregard for the lives or safety of other persons.

Why does this not apply here?
 
You make a good point.

Not so much with the "attempted murder" hyperbole but that if we're going to say that some dude doing donuts in a parking lot is driving dangerously then an "unsecured load" on public roads should become something akin to, say, negligence causing bodily injury if someone gets hurt as a result of your negligence. Sec 219 of the CCoC states:

219. (1) Every one is criminally negligent who
(a) in doing anything, or(b) in omitting to do anything that it is his duty to do,
shows wanton or reckless disregard for the lives or safety of other persons.

Why does this not apply here?

Completely unsecured load could suggest wanton disregard, but a reasonable (but failed) attempt to secure that same load would not. There would be a pretty high bar to reach to get a conviction.
 
griff2;2431168[B said:
]Unsecured load, which is all that the the offending driver did.[/B] What else would you charge them for? Unnecessary noise for the sound of the garbage can hitting the motorcycle?

Everybody involved please get well soon.
 
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