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Thread: CO Authority To Enforce ATV Regs

  1. #11
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    Quote Originally Posted by fishermccann View Post
    How about CO's not being trained on, or having breathalyzers in their car? Possible?
    That's pretty much it IMO. The OPP can lay a more solid charge that isn't likely to be destroyed by a good lawyer in court. It's the same with charging stoned drivers. The average OPP or regional officer isn't trained in identification of drug impairment so they usually call the officer on shift that is trained so that a good defense lawyer doesn't have a field day with the first officer.

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  3. #12
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    Quote Originally Posted by fishermccann View Post
    How about CO's not being trained on, or having breathalyzers in their car? Possible?
    That's pretty much it IMO. The OPP can lay a more solid charge that isn't likely to be destroyed by a good lawyer in court. It's the same with charging stoned drivers. The average OPP or regional officer isn't trained in identification of drug impairment so they usually call the officer on shift that is trained so that a good defense lawyer doesn't have a field day with the first officer.

  4. #13
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    Quote Originally Posted by redd foxx View Post
    Above are the sections of the ORVA and HTA that in my opinion apply to this question. C.O.'s are officers under the ORVA and may or may not be under the HTA. Only if they fit into the definition of a Peace Officer under that Act. The ORVA does not apply on a highway so it appears that the C.O. may not be able to enforce the act there. The HTA does apply on a highway and if the C.O. does not fit into the Peace Officer definition under that Act, they would not have authority to charge under it. In any event, a C.O. cannot stop a vehicle under the HTA for a HTA offense. If a person was stopped on a highway for not wearing a helmut and charged for that offense under either Act, in my opinion they could fight it and get off.
    Well you can be the Guinea pig and try it out. Always someone trying to circumvent the simple rules

  5. #14
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    Quote Originally Posted by fishermccann View Post
    How about CO's not being trained on, or having breathalyzers in their car? Possible?
    CO's aren't trained in enforcement of Criminal Code offenses as it's well outside their mandate. As Peace Officers,though,they may arrest for Impaired driving as "found in the commission of an indictable offense" under The Criminal Code and forcibly detain for the Police.
    If a tree falls on your ex in the woods and nobody hears it,you should probably still get rid of your chainsaw. Just sayin'....

  6. #15
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    So on private property then no helmet is needed. I haven't seen a farmer with a helmet yet!
    Last helmet I seen was in the chicken coop with eggs in it!
    If you keep doing what you've always done. You'll keep getting what you've always got!
    Since light travels faster than sound, some people appear bright until you hear them speak.

  7. #16
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    That is correct also don't need seat belt.

    Quote Originally Posted by SK33T3R View Post
    So on private property then no helmet is needed. I haven't seen a farmer with a helmet yet!
    Last helmet I seen was in the chicken coop with eggs in it!
    "This is about unenforceable registration of weapons that violates the rights of people to own firearms."—Premier Ralph Klein (Alberta)Calgary Herald, 1998 October 9 (November 1, 1942 – March 29, 2013) OFAH Member

  8. #17
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    Go spend some time in a Emergency room..... just put a helmet on folks.

  9. #18
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    Personally when I was younger I enjoyed driving my motorcycle in the US without a helmet and it's a risk I was willing to take. We could all wrap ourselves in bubble wrap and stay indoors,

    Quote Originally Posted by Bandwagon View Post
    Go spend some time in a Emergency room..... just put a helmet on folks.
    "This is about unenforceable registration of weapons that violates the rights of people to own firearms."—Premier Ralph Klein (Alberta)Calgary Herald, 1998 October 9 (November 1, 1942 – March 29, 2013) OFAH Member

  10. #19
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    Quote Originally Posted by Bandwagon View Post
    Go spend some time in a Emergency room..... just put a helmet on folks.
    Oh come on you know you can try to legislate common sense and proper behaviour but its not going to work. I can only shake my head when I read a thread about some one knowingly doing something improper or illegal and putting the onus on society to force them to act in accordance. What ever happened to self accountability. Guess that's what Darwinism is for.
    Time in the outdoors is never wasted

  11. #20
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    Quote Originally Posted by greatwhite View Post
    Personally when I was younger I enjoyed driving my motorcycle in the US without a helmet and it's a risk I was willing to take. We could all wrap ourselves in bubble wrap and stay indoors,
    We could or you could just wear a helmet and save the tax payers here in Ontario the cost of the hospital stay, rehab and financial support after you can't work. Your actions impact more than just you, wonder why are taxes are so high? How many hospital visits are totally unavoidable....

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