MTO: Contractor tried and convicted without a hearing!
Alec Caldwell reports on a contractor who charged by an MTO cop for his truck having a "Toll Device Improperly Fixed." The contractor says he had no real opportunity to dispute the charge, living almost 50 miles from the courthouse where he was tried and convicted in absentia. One hundred and ten bucks more into the Ontario government coffers.
September 24, 2014 by Alec Caldwell
Two weeks ago, I gave my views on Ontario’s MTO: Opinion: “I think the MTO (Ontario Ministry of Transport vehicle safety cops) are vultures.”
I shared a story in the above article, where a contractor’s vehicle was pulled over on the 407 (toll) highway in the Toronto GTA area.
“One of our trucks was pulled over for a spot check by MTO on the 407. They checked brakes, lights, weighed the truck, checked tires, turn signals, CVOR, registration, insurance, log book, etc., etc.”
“They didn’t find anything wrong or deficient. However, we did get a ticket for $110 for an infraction under the Highway Traffic Act. For what? “Toll device improperly affixed” !!!! “I have challenged the charge, and am awaiting a phone call from the prosecutor to discuss the charge.”
That’s what this contractor told me a few weeks ago.
Lots of you have asked for the “outcome.”
HERE is the outcome: Tried and convicted without a hearing!!!
Here is what the contractor said:
“Convicted and the only option available seems to be to pay a fine. Or else !!! The Courts performed a trial in absentia or conviction without a hearing!!!”
“The problem is, I disputed the charge and was prepared to go to court, but they never contacted me. If you look at the “offense” notice, I checked the box asking for a phone hearing because I live more than 75 km from the courthouse. (Google says it’s 75.4 km!.) It seems to me that it’s supremely arrogant on the part of MTO to convict without the opportunity to defend and dispute the charge”
I totally agree with this contractor. It seems again some unfair practices by another government department and how can the small guy fight against such odds, without further expense and use of their valuable time.
What do you think? Are you currently performing daily vehicle safety checks?
By providing education and training, CARAHS reduces your risk of fines, job site closures and prosecution under the Ontario Occupational Health and Safety Act.
Passion – Commitment – Integrity
CARAHS has over 150 online Health & Safety e-courses.
Alec CaldwellAlec Caldwell is the Founder of CARAHS, a Health & Safety Organization. We are approved providers by the Ministry of Labour (Ontario) to teach Working at Heights Training (Pro#34609) Visit the Ministry of Labour's web site to view our listing
All posts by Alec Caldwell
Print this page