Darkside illegal in Ontario?

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Darkside illegal in Ontario?

Post  Fatwing Chris on Tue May 13, 2014 7:49 pm

A Vulcan Darksider was charged in Ontario for running a CT under sec 70(can't seem to find a full version of the section) of the Ontario HTA and the charge stuck in court.Trying to find out the exact section/subsection of the HTA is and the exact charge.I doubt the Copper will even acknowledge my request via PM,but we'll see.Apparently the tire was rubbing(which was kind of stupid anyway) and there were other infractions including no insurance(which us a major infraction here.minimum $5000 fine),but the cop that charged him posted on GTAMotorcycleForums,com that the conviction was registered seemed more excited about nailing someone with a CT.

If this illegal here I'm going to be pissy as I just went Darkside and love the CT on my Wing after only 400 k

Fatwing
Darkside # 1602

Fatwing Chris

Number of posts : 18
Location : Ont,.Canada
Registration date : 2013-10-04

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Re: Darkside illegal in Ontario?

Post  bandito_two on Wed May 28, 2014 12:13 pm

From what I could find in the HTA, it  directs one to some thing called R.R.O. 1990, Reg. 625, s. 5. and the applicable bit I find is:

5.  A tire fitted on a vehicle shall not,
(a) be of a smaller size than the vehicle manufacturer’s specified minimum size; or
(b) contact any vehicle component so as to affect the safe operation of the vehicle. R.R.O. 1990, Reg. 625, s. 5.

There were other items in this section, but this was the part that I think was applied in this case.

Just an added note;
There was a section that prohibited the mixing of bias ply and radial tires and aspect ratios but I think it
depended on weight of vehicles far heavier than motorcycles and seemed to be more relevant to buses and trucks.
Motorcycles often have differing wheel and tire sizes front to back and therefore differing aspect ratios on those
tires. This issue was not addressed in this section and motorcycles were not stated to be exempted from this
requirement which makes me think it was either overlooked or was intentionally left that way as a "gotchya" in
case they can find nothing else that sticks. But again, I'm not absolutely sure about all of that.

So the claim that using a car tire on a motorcycle is illegal would still seem to be debatable. I could find no
reference that specifically states that a car tire/passenger vehicle tire is prohibited from being used on a motorcycle.
The problem here seems to be that he was cited under (b) of 5. regarding contact of the tire to the vehicle
in such a way as to affect the safe operation of said vehicle. If he was using an "oversized" motorcycle tire
that had contacted the vehicle in much the same way, then he still could/would have been cited.

The fact that it was a car tire is irrelevant IMO. I'm not a lawyer and don't claim to know the laws, (especially
those from Canada) but I can look things up and think in logical ways.

If it were me, I'd have looked the motor vehicle laws up and down to find where it was cited. When they write
you a ticket, it would seem that they have to say what part of the law was violated. If there was no law or a
reasonable interpretation of that law (which still would need to be specific enough to apply) that prohibited
using a car tire on a motorcycle, then I'd fight it tooth and nail and appeal if need be. And I would look for any
bit of the law that would contradict or put into question their interpretation of their law.  (I''ll not go quietly
into the night)  cus
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Re: Darkside illegal in Ontario?

Post  Fatwing Chris on Wed Jun 04, 2014 7:47 pm

I've asked a few Coppers that I know since I posted this and none of them knew off hand one way or the other,but one did get back to me with this

From this I would say we're good to go.
The ones I talked to were actually surprised that someone had been charged  for using one.Most have heard of people using them and wanted mostly to know how it worked and how I liked it.Seems most could care less as long as it's in good shape and not too big to interfer with anything.

The Cop that laid the charges ignored my request for more info via a PM and on the forum thread after.I would have thought he would have jumped at a chance to explain his position if he thought he was right.

Fatwing Chris

Number of posts : 18
Location : Ont,.Canada
Registration date : 2013-10-04

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Re: Darkside illegal in Ontario?

Post  Doc on Fri Jun 06, 2014 12:26 pm

The point here is not about a car tire, but that the tire being used was oversize and rubbing.
Which would be unsafe and illegal whether it was a motorcycle tire or car tire mounted. hmmm 

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2012 Goldwing Candy Red
Michelin Alpin PA3 195/55/16   The Darkside... Ain't nothin' but a rubber thang...  Vader
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Re: Darkside illegal in Ontario?

Post  Fatwing Chris on Sun Jun 08, 2014 12:28 pm

True in this particular case,but the way I read it he would have charged him for the CT even if it wasn't rubbing.His headline was about Darksiding not a rubbing tire.


Just over 2100 klm's on my CT this year(got a late start) and loving it.Ordering a BT45 to go double dark.

Fatwing Chris

Number of posts : 18
Location : Ont,.Canada
Registration date : 2013-10-04

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Re: Darkside illegal in Ontario?

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