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Thread: Is tires sticking out a chargeable offence?

  1. #1
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    May 2012
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    Is tires sticking out a chargeable offence?

    I could not find anything in the Ontario Highway Traffic Act on oversize tires or tires sticking out. If anything, the Act prohibits tires that are smaller than the manufacturer's specified minimum size; and the Regulation spells out the minimum widths of tires for commercial vehicles of different gross weights.

    The Ontario Court of Justice website has a "set fines" document that lists the names for 300 or so offences under the Highway Traffic Act, and the sections of the Act corresponding to these offences. Two such offences -- "Improper Mudguards" and "No Mudguards" -- arise from s. 66(3).

    It is a matter of interpretation whether a vehicle with no mudguards can still comply with s. 66(3). But physically not having the mudguards as suggested by the offence name "no mudguards" is at a minimum a reason for being charged.

    So why is there a separate offence called "improper mudguards"? Other than a situation in which the mudguards attached to the vehicle are obviously broken or otherwise totally useless.

    My guess is that "improper mudguards" can be used to deal with oversize tires and/or tires sticking out. Does it mean all the defenses against the charge of no mudguards can then be used for oversize tires and/or tires sticking out?

    My situation is not hypothetical though. My son was charged with no mudguards. My truck which he was driving had the front diff and the half axles upgraded, resulting in the front tires sticking out 2 inches on either side. (Oversize tires is not an issue here because my tires are 33" compared to the stock 32".) The rear tires stick out 1 inch and are not noticeable, but the front tires are accentuated by the tapered ends of the custom bumper. And we have removed the stock front and rear mudguards.

    In my view the charge of no mudguards against my son was actually triggered by the tires sticking out. But since the mudguards were physically absent, the charge became no mudguards. One cannot be charged with improper mudguards when mudguards are non-existent!

    I am hoping that the charge will be dropped through the early resolution process. In the meanwhile, I have reinstalled the rear mudguards, to err on the side of safety, without admitting that the existing configuration without mudguards contravenes s. 66(3).

    My deeper worry is the front tires sticking out. It is not as easy to remedy. An extreme solution is to order custom made fiber glass replacement fenders. At the other end of the spectrum, perhaps Canadian Tire has some products to extend the flare of the fender. But if I find neither option attractive, what will be my chance of being charged with improper mudguards next time?

  2. #2
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    Mar 2009
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    You must read the rules for this section prior to posting please.!

    The officer can't answer your questions because you are referring to an incident involving another officer. The SAVE officer can only speak from his experience/knowledge/training and can not comment on the experience your son had with another officer.

    Also, in the following quoted statement you have answered your own questions...

    Quote Originally Posted by Draconian View Post
    It is a matter of interpretation whether a vehicle with no mudguards can still comply with s. 66(3). is a matter of interpretation.

    For further reading on this subject, please refer to previous threads in the SAVE forum...

    This thread has been closed.
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