Courts Uphold Ontario Truck Speed Laws

Courts Uphold Ontario Truck Speed Laws

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Court Upholds Ontario Truck Speed Limiter Law

Posted: Sep 8, 2015 11:19 AM | Last Updated: Sep 9, 2015 3:51 PM
TORONTO — An Ontario appeals court ruled last week that speed limiters preventing trucks from going faster that 105 kilometers are legal, upholding earlier passed provincial legislation.

The case dates back to 2009 when truck driver Gene Michaud was ticketed for not having his speed limiter set properly. He challenged the citation and won a court decision in 2012, only to have it overturned on appeal by the province in 2014 and last week.

Michaud cited such dangers as his inability to accelerate at exits and on ramps where there is considerable friction between vehicles traveling at different speeds; his inability to pass slower vehicles in a timely manner; and his inability to maneuver out of a “jack-knife” situation by way of acceleration, Transport Topics newspaper reported.

According to CBC News, Michaud, backed by the U.S.-based Owner-Operator Independent Drivers Association (OOIDA), wanted the speed limiter legislation struck down. With this latest decision, the legislation stays, said David Crocker, the Toronto-based lawyer who argued for the OOIDA, which has been outspoken against the devices.

Michaud died in 2013, but his widow Barbara and OOIDA appealed the case.

The decision comes as U.S. regulators are expected to issue rules requiring speed limiters on most trucks. It was planned for later this month, but reportedly has been delayed.