THE CHARGE
Operate unsafe vehicle
THE LAW
Penalty for driving unsafe vehicle
HTA 84(1) No person shall drive or operate or permit the driving or operation upon a highway of a vehicle, a streetcar or vehicles that in combination are in such a dangerous or unsafe condition as to endanger any person. R.S.O. 1990, c. H.8, s. 84.
HTA, Revised Regulations of Ontario 1990, Regulation 625, “Tire Standards and Specifications”
5 A tire fitted on a vehicle shall not,
- Be of a smaller size than the vehicle manufacturer’s specified minimum size; or
- Contact any vehicle component so as to affect the safe operation of the vehicle. R.R.O. 1990, Reg. 625, s. 5.
IN PLAIN ENGLISH THIS MEANS…
The Ontario regulation states that no tire may come into contact with any vehicle component so as to affect the safe operation of the vehicle. If a tire does make contact, this infraction will automatically fall under HTA 84(1). This section is straightforward – you cannot have a tire fitted on your vehicle where the tire is smaller than the OEM equipment. Or, if you have an oversized rim, it cannot come into contact with any vehicle component. So, if you had your factory rims and tires on your vehicle, they can still come into contact with the frame of your car if you lower your vehicle excessively. Bottom line: a tire cannot make contact with any part of the frame of the vehicle.
The tire cannot make any contact with any vehicle component, including the following:
- Fenders
- Skirt Kits
- Inner wheel well
- The plastic lining inside your wheel well (also known as an inner wheel well fender)
- Front bumper
- Back bumper
- Shock towers or any other suspension components
WHY COPS WILL PULL YOU OVER…
An officer may notice any of the following:
- Your vehicle is riding very harshly (suspension versus rebound).
- You have limited steering capabilities.
- The officer may have heard an abrasive noise resulting from your tire’s making contact with a body panel.
- The officer may observe that your vehicle is extremely low and may feel that it is necessary for further inspection.
- The officer may notice that your tires look polished or buffed.
IF YOU ARE CHARGED WITH THIS OFFENCE…
- The officer will seize your plates on the spot.
- The officer will give you a ticket.
- You will have to get a recertification (safety certificate).
- You will have to have your vehicle towed.
- You will have to purchase new number plates.
An officer may ask you to turn your steering wheel fully to the left and hold the turn. He/She will visually examine for clearance that absolutely no contact can be made between the tire and the driver-side fender. The officer will repeat to the right and the passenger-side fender.
Any such contact could easily affect the safe steering and control of the vehicle and therefore endanger any person, including the driver, passenger, other motorists and pedestrians.
An officer may also look for any additional evidence of wear or “buffing” along the sidewall of your tires while your vehicle is not in motion. The officer will look for any indications of your tire’s rubbing against your fenders. If the officer observes this and has reasonable grounds to believe that your tires are making contact with the body of your car, the officer may declare your car “unsafe” and seize your vehicle and plates.
DID YOU KNOW?
This section eliminates the “2 finger” rule – the old myth that you must be able to get 2 fingers in between the tire and the wheel well fender. This rule is not required by this section. Below is a picture of a 1957 Chevy Bel Air. As you can plainly see, the rear tire sits up inside the inner wheel well fender. This is completely legal, providing the tire does not make any contact with the frame or the body of the car. If there is any evidence that this is happening, then it becomes an unsafe vehicle.
1957 Chevy Bel Air
STOP IT AT THE CURB…
- Always be polite and respectful to the police officer – remember, the office is only doing his/her job.
- Follow the officer’s instructions closely.
- Ask the office politely why you were pulled over, but do not aggravate the situation.
- If the officer issues you a ticket, accept it politely and leave the situation without further altercations.
- Do not aggravate the situation, causing further examination that may lead to other tickets.
- Take the ticket, follow the instructions on the reverse side and file for a court date.
IF YOU HAVE TO GO TO COURT…
Always fight your ticket – it’s your right. The Crown must prove that your car has “improper tires” to prevails at trial. Usually the Crown’s primary evidence will be the testimony of the police officer who issued the ticket.
- If your vehicle has been seized, ask the officer if you can maintain possession of your car. Mention that you will take it directly to a shop and have the vehicle inspected by a licensed mechanic immediately. Remember that for every day you wait to have this inspection done, your case in court is weakened.
- Many shops give free inspections; have a mechanic at one of these shops inspect your car. If the mechanic confirms that your car is unsafe, have it fixed immediately. Bring the appropriate certification to court and ask judge to have the fine reduced. The judge will usually lessen the fine because of your compliance.
- If the officer says that he/she will not allow you to take possession of your car, then you will have to release possession of your vehicle to the office and then wait to speak to the justice of the peace in order to provide assurance that you will fix your car and bring it back to a road worthy condition.
- If your licensed mechanic says your car is not unsafe, you can pay for a vehicle certification or ask for a signed letter. Produce the document in from of the judge if you can demonstrate to the court that your car was in fact not safe. The judge will support the evidence of the licensed mechanic, who is considered an “expert witness”, over the testimony of the officer. The judge will more than likely dismiss the case.
- You are trying to win the judge’s compassion so be extremely polite and always address the judge as “Sir” or “Madam”, or “Your Honor”.
- It is extremely important to be presentable. It’s a good idea to wear a suit and a tie. If all goes well, the judge will lessen the fine.
- Always remember that when you get a ticket, you are innocent until proven guilty. The onus lies on the Crown to prove to the judge that you are guilty of the offence beyond a reasonable doubt. The Crown’s primary evidence to prove you are guilty will be the police officer’s testimony. The certification or a sworn statement signed by a licensed mechanic should be sufficient evidence to rebut the police officer’s testimony and establish your innocence, or at the very least create sufficient reasonable doubt of your guilt; the judge should dismiss the charges against you.
- Since the Crown’s primary evidence for the. case is the police officer’s testimony, if that officer is not present when your trail starts, the judge may dismiss all charges against you.
COMMON SENSE
Keep in mind that when you lower your car, you are lowering it without load. Remember that when you have passengers in the car, the extra weight will lower the car even more. If you can hear that your vehicle is making contact with your tires whenever you go over a pothole or a speed bump, chances are that your vehicle is too low. It would be wise to have the vehicle taken to the nearest shop immediately to have it inspected. This modification is not worth the aggravation of getting your vehicle pulled off the road. Make sure you get an alignment immediately after lowering your suspension.
An indication that your car’s suspension is too still is when the bottom corners of your windshield start to crack. This is due to the constant twisting forces generated by the impact of a harsh suspension, causing the frame of the car to apply stress on the windshield. If your tires are constantly making contact with the body of your car and are not corrected immediately, your tires will wear and fail because rubber is a softer component
THE PENALTY…
Operate Unsafe Vehicle
No set fine
Tire constantly rubbing against the wheel well, causing the tire to look shiny or polished where it is making contact.