Canadian Question

[dan02]

I live in Ontario Canada. Does anyone know (for sure) what the penalty is if you are caught with a detector?? i have heard it is an automatic "104" which means you automatically go to court and that there is no set fine. Does this mean that you can be fined $10 000 if found guilty in court?? Can you get any points if you are caught. Any info would be greatly appreciated. I have heard information re. this from one extreme to the other and would just like to know for sure where I stand living in Ontario.

Thanks

[jerry540i]

Section 79 of the Highway Traffic Act is the specific section that prohibits detectors in motor vehicles.

It is a regular Provincial Offenses Act notice--no automatic court appearance. You can choose to plead not guilty and fight the ticket, or simply pay the fine (and lose your detector to the Crown :x )

Sec. 79 sets the fine at a min $100 and max $1000.

No demerit points.

Jerry

[dan02]

Jerry... that's very interesting. I heard about the automatic court date from a police officer. He is a very new officer and perhaps was incorrect. thanks for the input.

[spankyaf]

79. (1) In this section,
"radar warning device" means any device or equipment designed or intended for use in a motor vehicle to warn the driver of the presence of radar speed measuring equipment in the vicinity and includes any device or equipment designed or intended for use in a motor vehicle to interfere with the effective operation of radar speed measuring equipment.

Radar warning device prohibited
(2) No person shall drive on a highway a motor vehicle that is equipped with or that carries or contains a radar warning device.

Powers of police officer
(3) A police officer may at any time, without a warrant, stop, enter and search a motor vehicle that he or she has reasonable grounds to believe is equipped with or carries or contains a radar warning device contrary to subsection (2) and may seize and take away any radar warning device found in or upon the motor vehicle.

Forfeiture of device
(4) Where a person is convicted of an offence under this section, any device seized under subsection (3) by means of which the offence was committed is forfeited to the Crown.

Penalty
(5) Every person who contravenes subsection (2) is guilty of an offence and on conviction is liable to a fine of not less than $100 and not more than $1,000.

Exception
(6) Subsection (2) does not apply to a person who is transporting radar warning devices in sealed packages in a motor vehicle from a manufacturer to a consignee.

I understand that there has been an amendment there is now 2 or 3 demerits

[Rottman]

Buy a BEL STI and you have nothing to worry about. 8)

[dan02]

I purchased a Bel STI Driver...However, RD's are not legal in Ontario. I want to mount it on my windscreen so it will be most effective but then if I am pulled over i have to quickly shove it in my pocket before the officer notices it. I ride a sportbike and this may be hard to do all before the RD is noticed. I am just thinking of worst case scenerio here and wanted to know the penalty.

Are you certain that it is demerit points???

[F=MA]

Are you certain that it is demerit points???

http://www.mto.gov.on.ca/english/dan...er/demerit.htm

Demerit points aren't listed on the HTA within subsection 179; so I wouldn't think it would be amended to include demerit points.

Only thing is that i've "heard" stories that insurance companies don't take to well to there clients having RD's. There are a few active members on the board who have been caught before; PM them to find out.

[SmaartAasSaabr]

I purchased a Bel STI Driver...However, RD's are not legal in Ontario. I want to mount it on my windscreen so it will be most effective but then if I am pulled over i have to quickly shove it in my pocket before the officer notices it. I ride a sportbike and this may be hard to do all before the RD is noticed. I am just thinking of worst case scenerio here and wanted to know the penalty.

Are you certain that it is demerit points???

Some member here said he got points for RD use a couple weeks ago.

Mounting and hiding on a sportbike may be ideal. You definately don't have the same "just looking and seeing it" from the cop, but you do have the issue of the cop just seeing you stash it. I suggest doing a practice run a couple times while still rolling along at ~60-80 km/h as you would do if you just saw the cherries.

[dan02]

I think practice runs are a great idea. Don't want to dump the bike and drop the RD while trying to stuff it in my pocket!

[spankyaf]

I've done the rehearsal ride with my RX65. Using industrial strength veclro I had it attached on top of the brake resevoir. You're goinng to use your left hand reaching across so you want a pocket open and easily available on the right side of your jacket.

I'm pretty confident about the points revision comes from an OPP officer.