provincial offence act Flashcards
how many days do you have to serve a part 1 offence notice or part 1 summons
30 days to serve
part 1 offence notices
- max fine is $1000
- no need to swear (unless served by another officer)
- must be filled out with court within 7 days of service
- green copy
Part 1 summons
- Pink copy on back of ticket book
- No set fine (NSF)
- Max fine is $1000
- No jail
- No need to swear (unless given by other officer)
- 30 days to SERVE
- filled with court within 7 days
- Notice to parent where defendant is young person (12-15)
- Defendant signature not required
- Provincial offences officer can only issue
- young person min fine is $300
Part 3 Summons
-Allows fines greater than $1000
-Not a ticket
-No set fine
-Information sworn after the fact
-6 months to lay (unless statutory exception)
-Informant may be anyone
-summons served after info sworn
-Affidavit of service sworn after summons sworn
-maybe served on other than defendant (someone appears to be 16 or older)
-served by anyone
-reasonable and probable grounds required
-
DRIVER
a person who drives a vehicle on a highway
HIGHWAY
fence line to fence line
includes a common and public highway viaduct, trestle, or bridge
ROADWAY
actual traveled portion NOT including the shoulder
MOTOR VEHICLE
AMMO
NOT SNOW PFIRST
VEHICLE
Anything with wheels, propelled by any kind of power but not snow machine or street car
HTA
2 books
Act - Primary law
Regulations - Technical
DRIVERS LICENCE
A- more than 4600kg towed weight B- BUS (board of education) +24 C- COACH/CITY bus +24 D- DUMP truck (more 11000kg NOT more than 4600kg towed weight) E- MINI bus -24 Passengers F- FAITH -24 passengers G- General Lic M- Motorcycle
POLICE AUTHORITIES
- HTA Sec 48(1) whether to make a demand (R.I.D.E.)
- Sec 216(1) Power of police officer to stop a vehicle
PERMIT
Paper document
HTA Sec 6(1)
Permit Requirement
HTA Sec 7
- number plates (Lic plates)
- permit expires usually on your birthday (sticker)
- true copy (photo copy allowed)
- 2 Number plates req. front/back
Types of number plates
passenger vehicle commercial vehicle farm vehicle historic vehicle motorcycle mopeds limited speed M/C dealer plates trailer diplomat service plates
TRAILER permit
- need a permit for a trailer
- one time purchase no yearly valid sticker required
Transfer of ownership
seller
- remove plates
- keep plate portion of permit
- sign, mileage, date of sale, give vehicle portion of permit to new owner
- used vehicle package
Transfer of ownership
Buyer
- have 6 days to notify ministry when purchased motor vehicle
- Vehicle portion of permit
- valid safety standards certificate
- emissions report
- used vehicle package
- insurance
Temporary vehicle registration
-valid for 10day
-vehicle sold “as is”
-valtag expired (req transport for emissions test)
-vehicle must be insured
for passengers and unladen vehicle
-affixed to front windshield
Dealer MAY use plate/permit
- purpose related to sale
- private use in Ontario if part of inventory
Dealer may NOT use permit/plate
- M/V kept for private use
- commercial vehicle for private use
- commercial vehicle loaded with goods
Service permit/plate use
repair, custom, modifying, transport
NOT used for
- vehicle kept for use or hire
- commercial vehicle/trailer loaded with goods
INTERSECTION
2 or more highways that join one another
where to stop at a stop sign
before intersection
before crosswalk
before marked stop line
