blackcamaro
Well-known member
I believe so and enforceable since last Sunday.
My enforcement comment was more in regards to checking insurance, registration, trail permits, exhaust etc.
You do have a good point about generations down the line.
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Stunt Driving on private property?
- Thread starter Wingboy
- Start date
My enforcement comment was more in regards to checking insurance, registration, trail permits, exhaust etc.
You do have a good point about generations down the line.
(a) a rally with written approval by the Ministry
(c) closed course with approval by the road authority.
I do not organize or do any track days yet, can anyone say if these clauses are normally met?
Hammertime
Member
Unless I missed it, I didn't see a link to Ontario Regulation 455/07. Adding it here as it maybe helpful. It goes into the private property bit.
O Reg 455/07 | Races, Contests and Stunts | CanLII
O Reg 455/07 | Races, Contests and Stunts | CanLII
There's another section that specifically mentions farmers fields and a few other areas that are private property.
For quite a while now it has been clear that you could be charged under the HTA, on private property, if that property has open access to the public. The case involving the supermarket parking lot is a continuation of this, not new interpretation of law.
Even without the HTA, you can be charged under the Criminal Code for acts on private property. You can be charged with Dangerous Operation of a Vehicle, Impaired Operation, etc. on your own private property.
Even without the HTA, you can be charged under the Criminal Code for acts on private property. You can be charged with Dangerous Operation of a Vehicle, Impaired Operation, etc. on your own private property.
Not so sure about impaired anymore after the latest ruling will have to see how that plays out.
Sent using a thumb maybe 2
Buddies neighbour.......usually drunk by 10am.......large acreage near Listowell..........on his quadrunner, on his own property, chased & caught by a cop, blew over......convicted.......90 days in the graybar. Not his 1st conviction, but he was no where near a road.
This was in 2020.
There's already more than enough case law to support this. The number of times that people have been charged and convicted under "care and control", in their own driveways, is massive.
Yes but the superior Court just ruled that you can't be charged on private property.https://driving.ca/column/lorraine/ontario-court-ruling-should-be-a-big-relief-to-impaired-drivers.
Sent using a thumb maybe 2
I can't imagine that this verdict will stand. It's one of those judgments that "brings the administration of justice into disrepute." It can be corrected upon further appeal or, barring that, use of the Notwithstanding Clause, in order to put law in place that bypasses the use of this claim.
I guess they weren't aware that stability control in modern SUVs does a lot of heavy lifting lol
Surprised that they didn't lay a Criminal Code charge of Dangerous Operation. It can be charged even on private property. I guess they wanted their instant gratification.
Cough. Kickback. Cough.
That's the sort of thing I was warning about, before HTA 172 came into force, but it could also just be a case of:
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I think there's a difference in police response between a publically accessible commercial shopping center parking lot and a field or trail on someone's farm. If you're stupid enough to flip an SUV over showing off then you pay the price. If the charge is dismissed the teen's parents are still on the hook for the 14 days of storage, the towing and the damage to the vehicle which would not be covered by insurance. I guess he'll be grounded until he's 25.
If you stunt drive on personal vs. commercial private property I don't see how you be at risk unless you were in an accident that resulted in the police / fire attending to deal with injured parties. Then, they might try to throw the book at you.
You're probably right and your logic is good but the problem is the law is written in such a way that one cop with an issue could cost you a lot of money. Technically, if they see you "stunting" on the farm, they could come in and give you the ticket. That is yet another layer of crap writing in this. There should have been some exemption for private property (maybe owned by a person as opposed to a corporation?). They were trying to target morons in malls and picked up dirtbikes on farms.
DownUnder
Well-known member
Is a towtruck allowed on private property to tow a vehicle if the owner of said property doesn't allow them to enter?
I have no idea what canadian towing laws are. Police inviting them in may change things. In parts of the US, they have implicit permission to go on private property for things like repossessions but cannot open a gate or door, there must be an open path to the vehicle.
On a practical note, if you already have officer hardass there and they have given you a stunting ticket on private property, throwing a huge hissy fit and trying to bar a tow truck from entering the property seems like a short path to worse charges.
It's getting more and more difficult to know exactly what's going on with the stunting laws. Now, in addition to HTA section 172, you need to read and understand the following:
www.ontario.ca
www.ontario.ca
Law Document English View
Welcome to the new e-Laws. It’s now easier than ever to find Ontario laws. We welcome your feedback.
www.ontario.ca
Law Document English View
Welcome to the new e-Laws. It’s now easier than ever to find Ontario laws. We welcome your feedback.
www.ontario.ca
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