Section 84.1: Offence if wheel detaches from commercial motor vehicle

Ontario

Highway Traffic Act

Part VI: Equipment

(1) Where a wheel becomes detached from a commercial motor vehicle, or from a vehicle being drawn by a commercial motor vehicle, while the commercial motor vehicle is on a highway, the operator of the commercial motor vehicle and the owner of the vehicle from which the wheel became detached are guilty of an offence. 1997, c. 12, s. 12.

Exception

(2) If a wheel is detached for the purpose of carrying out a roadside repair, subsection (1) does not apply while the wheel is so detached. 2005, c. 26, Sched. A, s. 13 (1).

Penalty

(3) Upon conviction of an offence under subsection (1), the person is liable to a fine of not less than $2,000 and not more than $50,000. 1997, c. 12, s. 12.

No imprisonment or probation

(4) A person convicted of an offence under subsection (1) is not liable to imprisonment or to a probation order under subsection 72 (1) of the Provincial Offences Act as a result of the conviction or as a result of default in payment of the fine resulting from the conviction. 1997, c. 12, s. 12.

Absolute liability offence

(5) It is not a defence to a charge under subsection (1) that the person exercised due diligence to avoid or prevent the detaching of the wheel. 1997, c. 12, s. 12.

Deemed owner

(6) For the purpose of this section, the holder of the permit or of the plate portion of the permit shall be deemed to be the owner of the vehicle, if the number plate displayed on the vehicle at the time the offence was committed corresponds to the permit, unless the permit holder proves that the number plate was displayed on the vehicle without the permit holder's consent. 1997, c. 12, s. 12.

Definitions

(7) In this section,

"operator" means,

(a) the person directly or indirectly responsible for the operation of a commercial motor vehicle, including the conduct of the driver of, and the carriage of goods or passengers, if any, in, the commercial motor vehicle or combination of vehicles, and

(b) in the absence of evidence to the contrary, where no CVOR certificate or lease applicable to a commercial motor vehicle is produced, the holder of the plate portion of the permit for the commercial motor vehicle; ("utilisateur")

"wheel" includes a major component of a wheel, such as a wheel rim or wheel assembly, and a large piece of a wheel or of a major component of a wheel, but does not include a tire or large piece of a tire. ("roue") 2005, c. 26, Sched. A, s. 13 (2, 3); 2014, c. 9, Sched. 2, s. 31.

Same

(8) In this section and in sections 84.2 and 84.3,

"commercial motor vehicle " does not include a commercial motor vehicle, other than a bus, having a gross vehicle weight, as defined in subsection 114 (1), or manufacturer's gross vehicle weight rating, or gross vehicle weight for the purpose of determining the permit fee under subsection 121 (1) of 4,500 kilograms or less; ( "véhicule utilitaire ")

"permit " means a permit issued under subsection 7 (7) or a vehicle permit issued by another province or state. ( "certificat d'immatriculation ") 2005, c. 26, Sched. A, s. 13 (2).

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© King's Printer for Ontario, 2012-2021. The text is not the official version of Ontario's Highway Traffic Act or associated regulations. For official text, refer to www.ontario.ca/laws.