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Almost anything can be a 172 infraction if the cop wants.
Ummm no. You can easily get HTA 172 for riding the shoulder.
I got caught on the 401 by a motorcycle cop doing it. Got let off on the spot. It's riding off roadway or something like that. Last I looked into it, I think it was an $85 fine. If you do it doing 100km/h, then I'm sure you'll get hit with a harsher fine. I was puttering along doing about 25km/h while traffic was stopped.
You can get driving outside of a marked lane or you can get 172. As the rider you don't get to pick how big the hammer is and there is no recourse if cop picks 172 even if you get completely acquitted during trial.
Right, @GreyGhost nailed it. Cop has complete discretion to slap HTA 172 on whatever he/she deems as 'stunting'. I was on a group ride and someone caught it for barely leaving their seat for rail road tracks. They beat the charge but still out of pocket and roadside suspension on record.
I'm about to start a new job this fall with a daily rush-hour commute on a crappy stretch of highway: 404 S/B from 16th to 401, then 401 W/B to Yonge.
I doubt it matters but I'm not a cop handing out tickets. A lot seems to depend on attitudes (riders and cops). If the cop has recently had a rider run, expect the big stick.
That's a thing? I passed a cop standing on the pegs a couple days ago. Hips joint was moaning and needed a stretch.
There is a court opinion that was released years ago that standing on pegs wasn't considered stunting. Print it and put it in your pocket. Maybe it helps sway an ignorant cops opinion (even if they call in to ask for a supervisor opinion before calling in the tow truck).
The intent is to be able to charge people for "ghost riding" cars, but the wording is vague enough that it could also apply to standing on the pegs of a motorcycle when going over bumps, or shifting off the seat when cornering.
I believe that it was a statement by someone like The Attorney General that it wasn't the intent of the law, rather than case law.
I don't know any of the definitions in ONT REG 455/07 that could be manipulated in a way to make that a HTA 172 offence.
What a pile of horse$#!+. If I break legislation that is clearly defined, then there shouldn't be any discretion to give a different fine. That's like slapping someone and getting charged for murder instead of assault. And they wonder why people throttle their way out of tickets.
Somewhere I have a letter from the then minister of transport ( I believe it was James Snow) that the part of the law referred to as ghost driving where the driver operates the car from the passenger seat does not apply to motorcycles.
Got a link?
Metros finest in action
Sadly no. I can dig around and see if I come up with it again. At this point, it will be a decade old and carry even less weight than when it was written.
It's in the book and on the Government website.
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