ticketed for not producing insurance slip

[-HiTMaN-]

yes it is a commercial van,i told my partner to pay the ticket and move on he told me he will take it to court cause he doesnt want it on his record,and i said look you numbskull the van was in my name and you chose to drive it without insurance,looks like a cagematch is coming soon,if my partner refuses to respect a vehicle in this way knowing it could negative impact towards me looks like we will have to part ways.Thank god there was no accident this could of turned out really bad.

Nothing bad will happen to you if he goes to court to try and fight it. He can bring that slip and see if the judge drops the ticket (which most of the time they will if you speak to the prosecutor first and explain the situation without sounding like an ***) However, should the judge or cop decide to phone in and check just outside the courtroom and they realize that you did not have insurance on the van at the time of the stop then there might be bigger issues and a full penalty of $5000 + any fraud charges.
This being said, they will not be laid on you. You were not the driver. There is a new law that was passed stating that the driver of the vehicle is responsible for making sure the vehicle is insured and has proper paperwork. If your buddy did not check for the slip (he knew it wasn't there and you told him not to drive it) then it is his fault and the no insurance charges (should there be any) will stick with him.

I have been to court plenty of times through out my teen years and have had 5 no insurance tickets over that time (4 of which i won) 1 just disappeared luckily.
I won one of those cases by stating that the vehicle was not registered to me, the prosecutor failed to listen to me 3 years prior and wasted mine and the courts time, so it was dismissed. Shortly after they introduced the new law making the driver (no matter if you are the registered owner or just borrowing the car) responsible for making sure proper documentation is in the car and the car is insured.

I agree with you though, your buddy did not listen to you and drove the car knowing there was no insurance so he should be thankful the officer did not thoroughly check and just pay the smaller fine as it will make things easier on you. But if he chooses not to, you still have options and it will be him that will get in deeper trouble, not you

Hope this helps

 

[turbodish]

This being said, they will not be laid on you. You were not the driver. There is a new law that was passed stating that the driver of the vehicle is responsible for making sure the vehicle is insured and has proper paperwork. If your buddy did not check for the slip (he knew it wasn't there and you told him not to drive it) then it is his fault and the no insurance charges (should there be any) will stick with him.

Unfortunately, there are two insurance issues at play here.

The first insurance issue is that the operator is required to show proof of insurance upon demand by a police officer. If the operator fails to do so, he is liable to charge under s3.(1) and a fine of up to $400 under the Compulsory Automobile Insurance Act of Ontario.

That did not happen, and the reason it did not happen is because at the time of the stop there was in fact no insurance coverage on the vehicle.

That bring up the second insurance issue at play - operating a vehicle without insurance coverage. This is much different from simply failing to show proof of insurance.

In the event that a vehicle is found being operated without insurance, it's only the owner who can be charged under s2.(1) of the Compulsory Automobile Insurance Act of Ontario. This can happen even if someone other than the owner was driving at the time. There is a possible defence if the owner can convince the court that the driver was operating the vehicle without the consent of the owner. If the court does not believe you though, look to a $5,000 fine plus court costs and victim surcharge.

Charges can be laid for violating s2.(1) as long as three YEARS following the incident. If the driver goes to fight the charge, there is nothing keeping the Crown from going to the insurance company to verify if there was or was not coverage at the specific time the van was stopped by police, and then laying charges against the owner when the answer comes back.