Section 125: Offence and penalty, Part VIII

Ontario

Highway Traffic Act

Part VIII: Weight

(1) Every person who contravenes subsection 115 (1), section 116, 117 or 118, subsection 119 (4), section 120 or subsection 122 (1), (2) or (3) or a regulation made under subsection 123 (1) or a by-law made under subsection 123 (2) is guilty of an offence and on conviction is liable to a fine of,

(a) $5 per 100 kilograms, or part thereof, for any weight in excess of that permitted under this Act or the regulations, where the overweight is less than 2,500 kilograms, but in no case shall the fine be less than $100;

(b) $10 per 100 kilograms, or part thereof, for any weight in excess of that permitted under this Act or the regulations, where the overweight is 2,500 kilograms or more but is less than 5,000 kilograms;

(c) $12 per 100 kilograms, or part thereof, for any weight in excess of that permitted under this Act or the regulations, where the overweight is 5,000 kilograms or more but is less than 7,500 kilograms;

(d) $15 per 100 kilograms, or part thereof, for any weight in excess of that permitted under this Act or the regulations, where the overweight is 7,500 kilograms or more but is less than 10,000 kilograms;

(e) $20 per 100 kilograms, or part thereof, for any weight in excess of that permitted under this Act or the regulations, where the overweight is 10,000 kilograms or more but is less than 15,000 kilograms; and

(f) $25 per 100 kilograms, or part thereof, for any weight in excess of that permitted under this Act or the regulations, where the overweight is 15,000 kilograms or more. 1996, c. 20, s. 28.

Circumstances where additional fines apply

(2) A person is liable to a fine, in addition to any fine to which the person is liable under subsection (1) or clause 110.2 (3) (b) or (c), of not less than $200 and not more than $1,000, under the circumstances set out in subsection (3) or (4) unless the vehicle involved belongs to a class of vehicles or combination of vehicles prescribed by the regulations. 2000, c. 26, Sched. O, s. 12.

Same

(3) A person is liable in accordance with subsection (2) if,

(a) a liftable axle on a vehicle or combination of vehicles is lifted; and

(b) the person is convicted of an offence under subsection (1) or clause 110.2 (3) (b) or (c),

unless,

(c) the offence occurred while the vehicle or combination of vehicles was reversing;

(d) there were no wheels on the axle;

(e) the axle was lifted in compliance with a regulation; or

(f) the axle was reasonably required to be lifted in order to prepare for and carry out completely a safe turn at an intersection or onto or off a highway ramp. 2000, c. 26, Sched. O, s. 12.

Same

(4) A person is liable in accordance with subsection (2) if,

(a) the person is convicted of an offence referred to in subsection (1) or clause 110.2 (3) (b) or (c); and

(b) a liftable axle on the vehicle or combination of vehicles was deployed in such an improper manner that it caused or aggravated the offence. 2000, c. 26, Sched. O, s. 12.

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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.