Fender Eliminator Ticket
- Thread starter 油井緋色
- Start date
You'll most likely get some sort of 'Obstructed Plate' or 'Mudguard' ticket, hell... maybe both!
HTA S.66 (3) - Improper mudguards — $110
HTA S.13 (2) - Obstruct plate / Entire plate not plainly visible — $110
You'd have to play the dumb card to get it dropped. Provide evidence that you purchased & safetied the bike with the fender chopped. Doing some research you found that 'once upon a time' it had a fender, receipt for an OEM fender purchase and pictures of the install.
This is something that would have to be discussed at an Early Resolution meeting. At trial, you're going to be found guilty regardless of whether you fixed it. Fixing it, will maybe get you a suspended sentence $0 fine.
But the $0 convictions will still show on your driving record, giving the insurance companies another reason to bump your rates.
HTA S.66 (3) - Improper mudguards — $110
http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90h08_e.htm#BK120
Mudguards
(3) Every motor vehicle and every trailer shall be equipped with mudguards or fenders or other device adequate to reduce effectively the wheel spray or splash of water from the roadway to the rear thereof, unless adequate protection is afforded by the body of the motor vehicle or trailer or by a trailer drawn by the motor vehicle. R.S.O. 1990, c. H.8, s. 66 (3).
Mudguards
(3) Every motor vehicle and every trailer shall be equipped with mudguards or fenders or other device adequate to reduce effectively the wheel spray or splash of water from the roadway to the rear thereof, unless adequate protection is afforded by the body of the motor vehicle or trailer or by a trailer drawn by the motor vehicle. R.S.O. 1990, c. H.8, s. 66 (3).
HTA S.13 (2) - Obstruct plate / Entire plate not plainly visible — $110
http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90h08_e.htm#BK38
Number plate to be kept clean
(2) Every number plate shall be kept free from dirt and obstruction and shall be affixed so that the entire number plate, including the numbers, is plainly visible at all times, and the view of the number plate shall not be obscured or obstructed by spare tires, bumper bars, any part of the vehicle, any attachments to the vehicle or the load carried. 1994, c. 27, s. 138 (7).
Number plate to be kept clean
(2) Every number plate shall be kept free from dirt and obstruction and shall be affixed so that the entire number plate, including the numbers, is plainly visible at all times, and the view of the number plate shall not be obscured or obstructed by spare tires, bumper bars, any part of the vehicle, any attachments to the vehicle or the load carried. 1994, c. 27, s. 138 (7).
You'd have to play the dumb card to get it dropped. Provide evidence that you purchased & safetied the bike with the fender chopped. Doing some research you found that 'once upon a time' it had a fender, receipt for an OEM fender purchase and pictures of the install.
This is something that would have to be discussed at an Early Resolution meeting. At trial, you're going to be found guilty regardless of whether you fixed it. Fixing it, will maybe get you a suspended sentence $0 fine.
But the $0 convictions will still show on your driving record, giving the insurance companies another reason to bump your rates.
I'm mostly wondering because a few cops have seen mine last season but didn't care (bike was satisfied that way and sold to me). Don't really wanna get hassled for it this season but don't want to buy a fender either.
I'm surprised they drop headlight charges then -_-
XenoVibe
Well-known member
Most cops either seem to bother but don't count out a cop having a bad day looking to take it out on anyone for any minor infraction. From the guy I talked to, The light are supposed to be about foot apart but as long as they are clearly visible and aren't right beside tail light (because that makes them less visible while braking). As long as it's not integrated like the R6, you shouldn't have too much trouble.
http://i.imgur.com/bTj09Hrl.jpg
Changing it after the fact is just grounds for additional charges.
http://i.imgur.com/bTj09Hrl.jpg
Changing it after the fact is just grounds for additional charges.
w.r.t. headlight charges, you're afforded a due diligence defence because it's a strict liability offence. If you started driving with the headlight fully operational and working, and during the drive your headlight stopped working then it's not your fault. You did everything in your power to make sure it was working.油井緋色;2131975 said:
That's the why the crown drops it when you provide evidence that it was fixed. They know with a full-blown trial, the JP will dismiss the charge as long as the driver says something to the effect of "they didn't know it was burnt out and it worked before the left" (due diligence defence).
It's a totally different story, if you tell the officer you knew the headlight was out and just haven't gotten around to fixing it.
Ironically, I just did an ERM, (Early Resolution Meeting), on Wed for an obstructed plate, in my cage given in Jan. I showed up the crown looked at the two charges, (other was for not having the "validation sticker attached to my registration"). He began the meeting by asking do you have anything to show me? I said yes here is the CLEAN plate. I explained it had not snowed in Thornhill where I was stopped but it was snowing when I left Fenelon Falls that morning and the plate became dirty during the drive due to road salt etc.
I showed him the registration which clearly showed I had done a change of address and that the validation info was printed on the front of the registration and that Service Ontario, (who I had visited), informed me that they don't give out "replacement Validation stickers".. He laughed and said I have NO idea why you received these. I will be withdrawing both charges thank you for your time sir.
But if the bike has been altered, then I suspect, it would be a different story. If it were me I would change it back to it's OEM state then you would never have to think every time you see a police cruiser... "Is this the one time I am going to get banged for it?" Why cause that stress when your trying to enjoy a ride?
Might be dropped but The Crown is under no obligation to do so, because the offence applies to the time that the infraction notice was given.
