[Mackman]

Persistence and creativity have paid off so far for trucker Lee Ingratta.

The one-truck owner-operator from Gravenhurst, Ontario, has captured the attention of the trucking community for the method he used to beat a ticket for an alleged violation of the provincial law that requires trucks to be equipped with speed-limiting devices.

A judge tossed Ingratta’s case out of court on June 4. Not surprisingly, provincial enforcement officials have filed an appeal.

During a stop at a scale house in July 2009, an inspector with the Ministry of Transportation of Ontario asked Ingratta for permission to connect an external device to a port on Ingratta’s Peterbilt to check for compliance with the speed-limiter law. Under the law, computerized settings must not allow a truck to exceed 105 km/h, or 65 mph.

Things got interesting from there.

“He came over with this little gizmo and wanted to plug it in to the computer,” said Ingratta, a self-proclaimed “computer guy” who even owned his own computer shop for 25 years before returning to trucking in 2004.

“I’m thinking to myself, if he plugs this in to one guy’s truck, and then he takes it out and tries to plug it in to my truck, what happens if there’s a little charge of static electricity in this thing? Is he grounding the thing out? Is he going to zap my computer? No, he’s not plugging it in until he signs this waiver.”

The “just in case” waiver Ingratta drafted and carried with him says that he will consent to a speed-limiter inspection only if the officer or agency takes full responsibility for any damage that may occur as a result. The officer disregarded the waiver and cited Ingratta for “refusal” to allow entry to the computer port.

The judge, however, said Ingratta did not refuse and tossed the case. It’s not over yet, however, as the province isn’t going down without a fight of its own.

“The Ministry is aware of the case and is appealing the decision,” MTO spokesman Bob Nichols told Land Line. “As the case is still before the courts, it would be inappropriate to comment further at this time.”

The Owner-Operators Business Association of Canada, of which Ingratta is a member, went public with the news of the case following Ingratta’s court decision.

“I think the fact that the province is appealing shows they’re concerned about that,” OBAC Executive Director Joanne Ritchie told Land Line.

Ritchie said OBAC began raising concerns several years ago about issues of driver privacy and the potential for computer-related problems resulting from port-data exchanges.

“This whole thing about warranty issues – they’re worried about that because they could get themselves into trouble because that tool they use is not licensed software,” Ritchie said. “Engine makers don’t give that to just anybody and it’s very expensive.”

Drivers Against Speed Limiter Legislation, a Facebook group operated by trucker Scott Mooney, was abuzz this week with the news about Ingratta’s case.

Mooney, a member of OBAC and OOIDA, is currently fighting a speed-limiter ticket of his own in Napanee, Ontario. His argument is about the safety aspects and speed differentials that speed limiters on one class of vehicles can cause on the highways. He also has concerns with privacy and the potential for the province to inadvertently void warranties.

“Dealerships do not want any unauthorized personnel tampering with a truck’s ECM,” Mooney said.

“If you as an owner-operator have problems with your computer, and you go in to your dealership and they find out that the last person that accessed the computer was MTO, they can use that to say somebody who wasn’t qualified was into this thing, and that voids your warranty.”

Mooney’s own case has been set for July 21 in provincial court in Napanee.

Meanwhile, Ingratta is gearing up for the appeal in his case, which has yet to have a date set.

“Either they’re going to keep shoving this stuff down our throat and we keep taking it, or we need to stand up for ourselves,” Ingratta said.

“It’s our equipment, and it’s our trucks. We have a right. We have some rights left, anyway.”

– By David Tanner, associate editor
[email protected]


http://www.landlinemag.com/todays_ne.../062910-04.htm

[freebirdrfd]

Good for him.. I'm glad there are a few driver who will stick up for themselves.. When was the last time you saw a 4 wheeler being pulled in for a saftey check?????? NEVER.. Because the 4 wheelers would never allow that to happen.. They would stick up for what's right........ :smokin:

[Mr. Ford95]

Come thru VA and you may see more 4 wheelers being pulled in/over with the new towing laws that start today. Bout time they started cracking down on these jokers with no trailer brakes, trailer not locked down, no lights, bald/flat tires. As a local councilman found out the hard way, they are just as dangerous as the big trucks. He was nearly killed a few years ago by a kid pulling a trailer with no safety chain for the brakes, no brakes(so the chain would have done no good) and improperly latched down. He helped push the new laws thru after that crash.