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Person Aboard Trailer
Contrary to Section 188 of the Highway Traffic Act
Is It Against the Law to Tow a Trailer With a Person Onboard?
Driving While Towing a House Trailer or Boat Trailer, Among Other Types, While a Person Is Inside Violates Section 188 of the Highway Traffic Act. Upon Conviction a Driver Is Subject to Penalties That Include a Fine In a Range From $60 to $1,000 Plus a Statutory Victim Surcharge and Court Cost As Well As Potential Insurance Rate Consequences.
Understanding the Highway Traffic Act Offence For Towing a Trailer With a Person Aboard Including Applicable Penalties
As doing so creates a significant risk of danger for serious injury or death in the event of an accident, the law forbids the towing of a house trailer, camping trailer, boat trailer, among others, while a person is aboard. Accordingly, all persons traveling must be onboard the towing vehicle rather than aboard the towed trailer.
The Law
The law forbidding a driver from towing a house trailer or boat trailer with a person onboard is found at section 188 of the Highway Traffic Act, R.S.O. 1990, c. H.8 and the applicable penalty upon conviction for a violation is found at section 214(1) of the Highway Traffic Act as section 188 is silent about, meaning failing to state, the penalty details. Specifically, section 188 and section 214(1) of the Highway Traffic Act state:
Riding in house or boat trailers prohibited
188 No driver of a motor vehicle to which a house trailer or boat trailer is attached shall operate the motor vehicle on a highway if the trailer is occupied by any person.
General penalty
214 (1) Every person who contravenes this Act or any regulation is guilty of an offence and on conviction, where a penalty for the contravention is not otherwise provided for herein, is liable to a fine of not less than $60 and not more than $1,000.
As is described via the relevant sections referenced above, the general penalty mandated per section 214(1) of the Highway Traffic Act prescribes a fine that ranges from sixty ($60) dollars to one thousand ($1,000) dollars upon conviction for the towing of a house trailer or of a boat trailer with a person inside. Additionally, also upon conviction, the statutory victim surcharge as well as court cost will apply. Furthermore, a conviction may result in insurance rate increases.
Summary Comment
Driving with a person onboard a house trailer or boat trailer, among other trailers, presents a great risk of serious harm to that person in the event of an accident. Accordingly, the law forbids doing so and imposes a fine of up to one thousand ($1,000) dollars upon a finding of guilty when a driver is charged for doing so.
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