Insecure Loads

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With the hot housing market and end of school season, there are a lot of people on our roads moving.  Did you know that there is a charge under the Highway Traffic Act for insecure loads?  People are often of the opinion this charge only applies to commercial vehicles when in fact it is for both commercial and non commercial vehicles.  Furthermore, this ticket can come with very heavy fines and even a license suspension!

The law states:

Proper loading.  111 (2) No person shall operate or permit to be operated upon a highway a motor vehicle that carries a load or draws a vehicle that carries a load unless the load is loaded, bound, secured, contained or covered so that no portion of the load may become dislodged or fall, leak, spill or blow from the vehicle.

This ticket can be for the driver of the vehicle or even the person whom loaded the vehicle.  The wording of the charge also uses the word “may“.  The charge does not require any part of the load to fall off or become detached rather, that it “may” fall off or be detached.  In addition, any load that overhangs from the rear of the vehicle at 1.5 meters, shall be marked with a red light or red flag.  We often see this ticket with driver’s of pickup trucks that have loose items such as pails, shovels, stones and tools.

Please remember it is better to be safe now instead of sorry later.  It doesn’t take much force for an item to become expelled or projected from your vehicle.  If you find yourself charged with an insecure load ticket or any other traffic offence, do not hesitate to email us at info@swlegalservices.ca or contact 905-235-4567.  Consultations are always free.  We look forward to servicing your needs and protecting your good record.  Don’t be like the driver in this article:

Driver charged after insecure load causes fiery crash in Innisfil

 

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