Plate Improperly Displayed HTA 7(1)b(i) | GTAMotorcycle.com

Plate Improperly Displayed HTA 7(1)b(i)

aznk

Active member
I was given a ticket today for "Drive Motor Vehicle - Plate Improperly Displayed", Contrary to HTA 7(1)b(i). Now I don't really agree with the officer's opinion regarding the visibility of my plate.

This is the actual FE I have on my bike:
http://www.ebay.com/itm/2009-09-CBR...hash=item5641fc1cdc&item=370474228956&vxp=mtr

The actual plate location is very similar to as shown in this picture:
http://xcrqlg.bay.livefilestore.com...G52qiTVWTN_G2QI2JRgR-UcZSw/2009-07-04_03x.jpg

I have two questions that I would like to get feedback:
1) Do you think the plate location is really an issue?
2) I might end up taking this to trial, on what grounds can I challenge this charge?


More Legal reference Info:

Permit requirements
7. (1) No person shall drive a motor vehicle on a highway unless,
(b) there are displayed on the vehicle, in the prescribed manner,
(i) number plates issued in accordance with the regulations showing the number of the permit issued for the vehicle, or


Regulations above refers to:
9. (1) Evidence of validation issued for use on a number plate shall be affixed,
(4) The number plate for a motorcycle, motor assisted bicycle or trailer shall be attached to and exposed in a conspicuous position on the rear of the vehicle. R.R.O. 1990, Reg. 628, s. 9 (4).
 
Is the plate completely visible from the rear? completely un obstructed?
I just fought and beat this, I can send you what I have but I need to scan it all for you
 
Is the plate completely visible from the rear? completely un obstructed?
I just fought and beat this, I can send you what I have but I need to scan it all for you

It is completely visible from the rear, there is nothing obstructing the plate. It is on an angle, but from eye level or sitting in a car, its visible. Its also nothing that was recently modified, the plate has been like this from the original owner, and passed safety like this.

I would appreciate if you could share some of your points or strategy with me! I'll pm you my email.
 
Is there illumination for the plate?
 
The plate having a light on it is a different charge, he is only charged with the plate not being properly visible.

you need to prove the plate is visible.
I took a pic from in my car behind the bike, perfect view.
I also marked out the top and botem of a police car windsheild and worked out the angle of view between the office and the plate.

I also woked out the angle of the tail section and a bunch of other stuff. I will send to you
 
To me thats not obstructed but to an average cop who also doesn't know much about motorcycles would seem to think that you went out of your way to hide the plate. Only reason i could think of for the cop to ticket you is he may think your plate isnt visible enough to be detected/seen by red light cameras? I dont know thats just a guess
 
Is it still visible with someone on the bike compressing the suspension? From say the driving seat of an elevated OPP SUV?
 
Is it visible from overhead cameras like the 407 uses?
 
It is completely visible from the rear, there is nothing obstructing the plate. It is on an angle, but from eye level or sitting in a car, its visible. Its also nothing that was recently modified, the plate has been like this from the original owner, and passed safety like this.

I would appreciate if you could share some of your points or strategy with me! I'll pm you my email.

If the plate is as depicted in the linked picture, then it is partially obstructed from the rear by the tire. More so when the suspension is compressed.

Is it visible from overhead cameras like the 407 uses?

Immaterial, if that section of the HTA wasn't used as the charge.

*EDIT* I would be interested in hearing a defence theory also, since the plate location clearly does not comply with regulations regarding its placement.
 
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Also, Do you have a undertail exhaust like in the picture?
If not then your exhaust could be blocking it from a side view, Take a picture of your actual plate and then people can give you better info.
 
Yep, partially obstructed by the tire.
You tucked it in a little too far.
 
Take a pic with someone sitting on the bike. Without the suspension being compressed, we can't make a determination.
 
If the plate is as depicted in the linked picture, then it is partially obstructed from the rear by the tire. More so when the suspension is compressed.



Immaterial, if that section of the HTA wasn't used as the charge.

*EDIT* I would be interested in hearing a defence theory also, since the plate location clearly does not comply with regulations regarding its placement.


You may have a point on that one, I haven't had much of a chance to see my own bike from behind with someone on it.


The regulation only states that it should be:

"attached to the rear" - I believe so
"exposed" - which I think it is as well
"conspicuous" - this one is debatable. unfortunately it is not the MOST conspicuous location as I no longer have a stock fender, but it is still clearly visible.
 
You are on a slippery slope here...
Sure those inner fender eliminators give your bike a cleaner look, however they also give a cop a reason to pull you over. Why? Because it's angled. Aftermarket lighting can also be an issue.
It will really depend on a cop, and from what it seems you ended up getting one in a bad mood :D

I recommend you to meet with a prosecutor as a early resolution option. Make sure you convert the bike back to stock, or at least relocate the plate to the tail and take a few pictures of it, so you can show it to the prosecutor. If it's a first infraction of this kind chances are they will let you off. Just be polite and humble, and agree with everything they say in that little intimidating room of theirs.

In a long run it's a numbers game. A fender eliminator will cost you $100 or so. A ticket for having one installed - $120. Do you really wanna take this chance?
 
You are on a slippery slope here...
Sure those inner fender eliminators give your bike a cleaner look, however they also give a cop a reason to pull you over. Why? Because it's angled. Aftermarket lighting can also be an issue.
It will really depend on a cop, and from what it seems you ended up getting one in a bad mood :D

I recommend you to meet with a prosecutor as a early resolution option. Make sure you convert the bike back to stock, or at least relocate the plate to the tail and take a few pictures of it, so you can show it to the prosecutor. If it's a first infraction of this kind chances are they will let you off. Just be polite and humble, and agree with everything they say in that little intimidating room of theirs.

In a long run it's a numbers game. A fender eliminator will cost you $100 or so. A ticket for having one installed - $120. Do you really wanna take this chance?


Agreed. *sigh*

I will have to cut longer slots in the mounting bracket to see I can slide the thing as far up as possible. I plan on the early resolution option to see if they can cut me some slack if I can get it mounted higher so its not close to the tire.
 
That's a common ticket and NO your plate isn't completely visible from the rear. Most riders don't realize that when you sit on your bike and compress the suspension, the plate is partially hidden by the back wheel. Its also difficult to see from certain angles. I have friends that keep getting harassed because of their plate in that position. This can cause your insurance to go up depending on which company you are with, fight the ticket and change the position of the plate.
 

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