[Lucky Lindy 66]

This is what happened (allegedly):

1.) I am an American Truck Driver (Strike 1).

2.) I was pulled into the South Windsor Weigh Station at 2330 on 10.21.2007 and cited for
Operating an unsafe commercial vehicle (No Set Fine/ Must Appear Or Have Representation Appear). It was listed on the report that I failed to surrender a current inspection as well but I don't think I was charged with that as it was not listed on the ticket. The trailer I was pulling had multiple loose lug nuts.

3.) The companies attitude is "sorry about your luck". I am obviously seeking employment elsewhere.

4.) In September there was service done to the trailer by in Jenison, MI. by a trailer repair facility. On 10.17.2007 the driver that had the trailer took it to a truck stop in Earle, Arkansas and had 3 missing lugs replaced. It is obvious that the original vendor did not torque the lugs down properly and that the truck stop failed to inspect the trailer properly (not that I did either obviously).

5.) I did a pre-trip inspection on the trailer and listed it on my log 2 hours prior to the Ministry Inspection ( I had just picked the trailer up in Carleton, Michigan). My logs clearly states that I am not to sign the log until the day is complete. I still had .5 hours to go when I was stopped. I was told that I still had to sign it because they could not tell if I had done it or not otherwise.

6.) I am being considered for a job with a reputable company. One of the main reasons they are considering me is because I am a law abiding citizen who is able to travel and drive in Canada, as well as the fact that I hold a valid U.S. Passport. I need this cleared up. I have traveled extensively in Canada and love the country and its people. There is no way that I would intentionally endanger any human being. It was an oversight on multiple levels with me being on the bottom. I am grateful to the officer who caught the problem as it could have resulted in a tragedy.

I only wish the fine were stated so I could pay it and move on with another lesson learned.

I contacted a Barrister (Lawyer) in Windsor who quoted me a $2500.00 fee. Needless to say I am broke, with a wedding planned in February and a date with a Judge in Windsor in January!. My questions are as follows:


1.) Does anyone know what the fines usually run for an offense of this type. It looks like I may have to represent myself in the matter. I read an article that said they usually run about $80.00 to $300.00. I know that if I elected to leave the scene it would be an additional $400.00. I can't understand why that offense is set.

2.) Does anyone know whether the courts in Ontario will plea bargain (with or without being there)?

3.) If I do have to retain a Barrister does anyone know any reasonably priced ones in Windsor (I know you get what you pay for)?

4.) Is this charge considered a moving violation?

Operate unsafe combination of vehicles 230.84

5.) Will crying help?

As I stated in the subject line: Any advice is welcome

[Uturn2001]

I can see why the unsafe vehicle charge would be one without a set fine and the other you mentioned would have a set fine.

The reason being is that operating an unsafe vehicle covers a lot of ground and I would be willing to bet the fines are in accordance to exactly how unsafe the vehicle is.

Moving when in an Out of Service status is a simple charge. Regardless of the reason you were placed OOS if you choose to violate that order you have violated a single plain order. Hence the ability to set a specific fine.

If you are not going to contest the charges what I would do if I were you is appear myself and plead guilty and be done with it. You may be able to get an idea of what your fine will be and whether or not if it is considered a moving violation in Canada by contacting the court in which you are scheduled to appear.

[Lucky Lindy 66]

Thanks for the advice. I can't even afford a cell right now, but will have one this week. I was waiting for that before I contacted the court because I am sure it will require a returned phone call. There is no doubt that the vehicle was unsafe.

[bikerboy]

Your first mistake was rolling through an ontario weigh station, Ontario is known for being azzholes, i avoid or go around all ontario scales if i know they are open, just less hassles that way!
Windsor and putnam scales on 401 are known as the worst scales on the 401
They just opened a new scale on the 402 at sarnia too, so another one to avoid. It's real easy to get around too

Ontario just brought in some stupid new law that requires a special prettrip sheet that is unique for ontario, that likely why they wrote down you failed to provide a proper pretrip.
I don't even have the proper pre trip forms yet, so i don't go through ontario scales.

They also have some stupid new law that requires you have the truck and trailer licence plate number, not unit numbers, on your log sheets.

Your lucky you didn't lose a wheel, as the max fine is $50 000 for losing a wheel in ontario.

Who was your ticket wrote to? i thought it should go to the company.
I got an overweight ticket once and it was written to the carrier.

I would rather avoid the scales than risk going in and them finding something like silly paperwork BS

I do roll through all USA scales tho, they don't have near as bad of rep as ontario does for being pricks!

[Lucky Lindy 66]

UPDATE:

Yes I am very lucky I did not lose a wheel. I think the lugs that were replaced would have held but who knows. They are seeking 3000 from me. I go to court next week. I will withhold all judgments on Ontario and the judicial system there until I have a final verdict. I knew about the inspection sheet and qualcomed the dm about it prior to rolling. They never mentioned that at the scale. Both I and the carrier (GAINEY) are being charged. Their date is 01.14.2008. The thing that amazes me most is the scheduled fines.

Operating a Commercial Vehicle W/O a CDL =$310

"Insecure" Load (I assume this is supposed to be unsecure)= $310

http://www.ontariocourts.on.ca/ontar...chedule_43.htm

The latter is the one that gets me.

I have never tried to say that I was free of guilt in this thing. I SCREWED UP! Now "The Crown" is trying to take 10% of my before tax income. I would prefer never to roll or see Canada again. I used to love going there. The company I am with now is the best Trucking and one of the best overall that I have ever worked for. They need me to go there and I will, but I will never feel the same. I feel like a rape victim at this point.

[Professor427]

Now Lindy, I'm a little confused how you're getting screwed. You did such a piss poor pre-trip inspection that you didn't notice loose lug nuts and could have killed some innnocent family on 401 when the tire came flying off.
Now here's a thought: suck it up, pay the fine, and try harder to act like a professional when you inspect your truck; figure out what the necessary paperwork is in a foreign country; and stop pissing and moaning about how you can't afford the fine. Some poor smuck couldn't afford to die, either but you could have killed him. Consider yourself lucky you're not sitting in a Canadian jail, awaiting trial on vehicular homicide and suffering nightmares from the horror of the accident scene.
As for bikerboy, knobs like you have been around forever, bragging about "running the scales" and what a badass trucker you are. All you do is hurt the image of an industry that already gets too much negative press. Running safe trucks within reasonable hours of service is what a professional does; the other is just Billy Big Rig bull crap.

[sam william]

http://www.pointts.com/windsor.htm

may be this can help you

[Cat6869]

Originally Posted by Lucky Lindy 66

This is what happened (allegedly):

1.) I am an American Truck Driver (Strike 1).

2.) I was pulled into the South Windsor Weigh Station at 2330 on 10.21.2007 and cited for
Operating an unsafe commercial vehicle (No Set Fine/ Must Appear Or Have Representation Appear). It was listed on the report that I failed to surrender a current inspection as well but I don't think I was charged with that as it was not listed on the ticket. The trailer I was pulling had multiple loose lug nuts.

3.) The companies attitude is "sorry about your luck". I am obviously seeking employment elsewhere.

4.) In September there was service done to the trailer by in Jenison, MI. by a trailer repair facility. On 10.17.2007 the driver that had the trailer took it to a truck stop in Earle, Arkansas and had 3 missing lugs replaced. It is obvious that the original vendor did not torque the lugs down properly and that the truck stop failed to inspect the trailer properly (not that I did either obviously).

5.) I did a pre-trip inspection on the trailer and listed it on my log 2 hours prior to the Ministry Inspection ( I had just picked the trailer up in Carleton, Michigan). My logs clearly states that I am not to sign the log until the day is complete. I still had .5 hours to go when I was stopped. I was told that I still had to sign it because they could not tell if I had done it or not otherwise.

6.) I am being considered for a job with a reputable company. One of the main reasons they are considering me is because I am a law abiding citizen who is able to travel and drive in Canada, as well as the fact that I hold a valid U.S. Passport. I need this cleared up. I have traveled extensively in Canada and love the country and its people. There is no way that I would intentionally endanger any human being. It was an oversight on multiple levels with me being on the bottom. I am grateful to the officer who caught the problem as it could have resulted in a tragedy.

I only wish the fine were stated so I could pay it and move on with another lesson learned.

I contacted a Barrister (Lawyer) in Windsor who quoted me a $2500.00 fee. Needless to say I am broke, with a wedding planned in February and a date with a Judge in Windsor in January!. My questions are as follows:


1.) Does anyone know what the fines usually run for an offense of this type. It looks like I may have to represent myself in the matter. I read an article that said they usually run about $80.00 to $300.00. I know that if I elected to leave the scene it would be an additional $400.00. I can't understand why that offense is set.

2.) Does anyone know whether the courts in Ontario will plea bargain (with or without being there)?

3.) If I do have to retain a Barrister does anyone know any reasonably priced ones in Windsor (I know you get what you pay for)?

4.) Is this charge considered a moving violation?

Operate unsafe combination of vehicles 230.84

5.) Will crying help?

As I stated in the subject line: Any advice is welcome

In the USA the post-trip inspection is the main inspection and pre-trip (being before you get behind the wheel) you should sign off on your pre-trip everything was fixed.
Now the way you word the Canadian regs is that you do a pre-trip and you you sign off on your form during your post trip that everything was fixed. This makes no sense to me, did I mis understand something? Really, I am capable of misunderstanding. I can find out easily on Monday within seconds, however I am curious what you all say.

[BIG JEEP on 44's]

My biggest question Canadians say EH ,and to me it sounds like ..A..so is it spelled...A...here in the states if using stadard measurment ,and is ...EH ...the Metric equivilant ?

[Creek Jackson]

Originally Posted by BIG JEEP on 44's

My biggest question Canadians say EH ,and to me it sounds like ..A..so is it spelled...A...here in the states if using stadard measurment ,and is ...EH ...the Metric equivilant ?

It would have to be 1.3, eh?

Creek