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Joined: Oct 2004
Posts: 1,177
Hard-core CEG\'er
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Hard-core CEG\'er
Joined: Oct 2004
Posts: 1,177 |
Originally posted by Horse:
if what you said is correct that yes you are good to go.
THe law says operating a vehicle with the device, if the device isnt plugged in and or recieving any sort of power input, is not in the fuctioning capacity, is not in an area that even had it been funcitoning it would have been able to detect radar yada yada yada - those suction cups might well have been for a note pad or for a car charger for all they can prove. It does look like the law allows them to search your car, but to charge you with possesion of a radar device is different from USING the device. It doesnt say anything above about possesion of the device.
subsection 2 might be a hang up - but then subsection 6 clearly states that if its wrapped up . . .
I think you might be screwed
Quote:
79. (1) In this section,
â??speed measuring warning deviceâ? means any device or equipment designed or intended for use in a motor vehicle to warn the driver of the presence of 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 speed measuring equipment. 1996, c. 33, s. 12.
Speed measuring warning device prohibited
(2) No person shall drive on a highway a motor vehicle that is equipped with or that carries or contains a speed measuring warning device. 1996, c. 33, s. 12.
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 speed measuring warning device contrary to subsection (2) and may seize and take away any speed measuring warning device found in or upon the motor vehicle. 1996, c. 33, s. 12.
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. R.S.O. 1990, c. H.8, s. 79 (4).
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. R.S.O. 1990, c. H.8, s. 79 (5).
Exception
(6) Subsection (2) does not apply to a person who is transporting speed measuring warning devices in sealed packages in a motor vehicle from a manufacturer to a consignee. 1996, c. 33, s. 12.
1998.5 T-Red on Midnight Blue SVT
Build Number 5320 of 6535
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Joined: Sep 2004
Posts: 363
CEG\'er
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CEG\'er
Joined: Sep 2004
Posts: 363 |
Next time put it in your shirt pocket ( or pants pocket ) They have the right to search your car, but they don't have the right to search YOU ( unless you leave the cord sticking out in plain view or something like that ) Section 6 won't help you much. All that is for is someone who is transporting one. Like a manufacturer in the States sends a bunch on a truck, they pass through Ontario and then go back into the States. Once they are at their final destination all is well.
Personally I think you're screwed. If you do buy another one, put it in your pocket ...
98 Mystique GS V6 - K&N, projectors
91 Mustang LX 5.0L
00 Jetta TDI, Yay, I bought it !!
95 VW Getta TD - RIP: Nov.3,2005
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Joined: Jul 2002
Posts: 2,586
Hard-core CEG'er
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Hard-core CEG'er
Joined: Jul 2002
Posts: 2,586 |
Originally posted by weasel:
Personally I think you're screwed. If you do buy another
one, put it in your pocket ...
or a self addressed letter that you haven't "opened" yet
97 T-Red LX ATX
pre98 CF SVT front,SVT rear/side skirts
FSVT wheels
Custom Front Ford Logo (body Colour)
35% tint all around with sun visor
WP With Metal Impeller?
Elky Grills
CTA Intake
CTA Custom Dual Exhaust
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Joined: Jun 2001
Posts: 4,777
Hard-core CEG\'er
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Hard-core CEG\'er
Joined: Jun 2001
Posts: 4,777 |
Originally posted by SnafuFlux:
Originally posted by weasel:
Personally I think you're screwed. If you do buy another
one, put it in your pocket ...
or a self addressed letter that you haven't "opened" yet
OHH - GOOD CALL!!! Federal crime to open unaddressed (meaning addressed not to you) 1st class mail. Next time put it in an envelope with a 1st class stamp. 
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Joined: Oct 2004
Posts: 26
New CEG\'er
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New CEG\'er
Joined: Oct 2004
Posts: 26 |
I wouldn't worry too much about it, normally they're pretty good in traffic court w/ things like that - just go and fight it and tell them that you were comming back from the US when you were pulled over. Also - the cop will have to show up, you have the right to ask him if it was engaged or not. Last time I was in, that's what one guy did and he got off entirly.
Ideally the cop won't show!
Contour 95' LX V6 120K
Stock to the block
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Joined: Aug 2002
Posts: 59
CEG\'er
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CEG\'er
Joined: Aug 2002
Posts: 59 |
Originally posted by bit7er_reali7y:
I wouldn't worry too much about it, normally they're pretty good in traffic court w/ things like that - just go and fight it and tell them that you were comming back from the US when you were pulled over. Also - the cop will have to show up, you have the right to ask him if it was engaged or not. Last time I was in, that's what one guy did and he got off entirly.
Uhh, a) I don't think it matters if you're 'coming back from the US' or not, and b) it also doesn't seem to matter if the unit is active or not, it would still seem to be a no-no according to the HTA (check the section that's been quoted a couple of times above).
Quote:
Ideally the cop won't show!
Without a doubt this is the best thing that could happen 
Cheers,
--
Terry McG
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