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Thread: Operation of heavy equipment when having a DUI

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    Operation of heavy equipment when having a DUI

    I cant seem to find the answer anywhere is there anyone that can point me in the direction in order to obtain this info .I would like to be able to get this info from a reputable site ..Thanks

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    I need you to clarify a couple of things to be able to answer this properly.

    What exactly do you mean when you say "with a DUI"? Has the person been convicted, or are they awaiting trial and are currently on a 90 day Administrative Driver's Licence Suspension (ADLS)?
    Opinions expressed are those of the author, accuracy of information posted cannot be guaranteed. These opinions in no way represent the OPP, any other Police Department or Police Officer.

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    He has several dui's and will never be able to drive again . 14 in total

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    Taken from Sec 259 of the Criminal Code:

    Operation while disqualified
    (4) Every offender who operates a motor vehicle, vessel or aircraft or any railway equipment in Canada while disqualified from doing so, other than an offender who is registered in an alcohol ignition interlock device program established under the law of the province in which the offender resides and who complies with the conditions of the program,

    (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

    (b) is guilty of an offence punishable on summary conviction.



    Definition of Motor Vehicle in the Criminal Code:

    “motor vehicle”

    « véhicule ŕ moteur »

    “motor vehicle” means a vehicle that is drawn, propelled or driven by any means other than muscular power, but does not include railway equipment;


    The prohibition includes any type of motor vehicle powered by any type of engine, includes tractors, heavy equipment or machinery operated anywhere in Canada including on private property.

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    Does this mean that an excavator operator could no longer be an operator, or a farmer could no longer plow his fields, or am I reading too far into it, does this just apply to "motor vehicals" drivin on the road?

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    This is good discussion (not to hijack the purpose of the Ask a Save Officer).

    ....same reason you can be charged with impaired while driving your lawn tractor, bicycle, boat, snowmobile, etc.
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    Retread #19

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    How do you restrict operation of equipment you don't need a licence to operate? I can understand getting charged with operating certain devices - canoes, boats, etc under the influence. But if you get a DUI while canoeing while drunk and lose your car license does that mean you can't canoe sober while suspended?

    You do not need a license to drive a backhoe for example on the road it falls under similar legislation to farm equipment or at least it used to. How do you restrict unlicensed activities?

    Can we take away someone's bus pass if they don't drive?

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    From what I was told when one of my operators got a DUI, there's a big difference between not having a license and having a license that is under suspension.

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    I thought that applies to highway use nly, as it is the ministry of transportation and the highway traffic act. On private property he should be able to work? Work is not transportation
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    Thanks for that info, M.O.L said the exact same thing if your not licenced but qualified to operate that is permitted.When your charged you loose your privilege to operate any motorized vehicle.

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    14 convictions? Really? Looser should be in jail!! Not wondering what he can drive...

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    ON OFFroad when does 14 convictions become the responsibility of someone else and not this guy???? or does the law just have you keep rearresting him or is there something else he could be charged with to keep these people from the public ...SEDRIC i would love to hear about this person winning a DARWIN !!! please post if it happens ..
    Last edited by lemon; 10-13-2012 at 11:12 AM. Reason: shorting a long winded rant

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    Quote Originally Posted by r.d.a View Post
    ON OFFroad when does 14 convictions become the responsibility of someone else and not this guy???? or does the law just have you keep rearresting him or is there something else he could be charged with to keep these people from the public ...SEDRIC i would love to hear about this person winning a DARWIN !!! please post if it happens ..
    Someone in this position would likely be at the point of a lifetime prohibition. Any future violations regarding driving would result in jail time for sure.

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    I understand the confusion regarding the suspension, and it CAN be a confusing process. I will try to explain in basic terms.

    A Provincial suspension will limit your ability to operate anything that you require a driver's licence for. It is imposed by MTO.

    A Federal prohibition is Court ordered by a judge as a result of a conviction for a criminal driving offence. It can encompass as I mentioned before, ANYTHING that is driven other than by muscular power, anywhere.

    You can at times be under BOTH types of suspension.

    This is just the simple answer.

    Hope this helps!

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    I am a bit in the dark about the prov vs federal suspension / prohibition. Do ALL federal prohibitions exclude ALL motorized equipment / vehicles?

    I do have an issue with the NO MOTORIZED VEHICLE while suspended / prohibited. I guess it comes down to VEHICLE vs equipment. It comes down to are they drinking while operating this equipment?

    I apologize if I am a bit thick on this topic but I just don't have the experience or put myself in the situations that would make me need to know this better.

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    Ive caught him operating equipment and having a beer ..He has spent time in Jail over the years,the worst part is he still drinks and drives.

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    If you work with him, and your on the outside of the machine, I would'nt be cool with that. I worked trench type construction for a few years, and there where a few alchys(alcoholics) in my crews. They all made BIG mistakes eventully, and where fired. I'm just happy I wasn't in the way of there mistakes.

    It's kinda hard to deal with. I understand. Most of the guys with the problem kept it to the drive home, but some where slamming beers in the morning, and lunch. Never seen/caught a beer in machine, but sure it was goin down.

    If the guy is your friend, let him know that your not cool with it before you call the heath and saftey, or just call. It's your life.
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    Worse yet - if you're the equipment owner, what happens if/when he destroys something, be it the machine or public property. Based on the info provided by On OFFroad above, your insurance would dump you and you'd be stuck with a huge bill. Definitely dumb for the company to keep this guy employed IMHO.

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    As said above its your life. You can find another job but you can't find another life.

    I am ok with drinking and if you smoke pot go ahead I don't care. On the job is a different situation. I have called management in on more than one occasion for dope on the job including 2 months ago at a customers plant. If someone I knew was under the influence and hurt or killed someone (or me) I wouldn't be able to live with myself.

    This guy makes his choice and if he gets fired or whatever he is simply paying the price for choices HE has made.

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