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Person Aboard Trailer
Contrary to Section 188 of the Highway Traffic Act
What Is the Law About Towing 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
Whereas towing a house trailer or a boat trailer, among others, with a person onboard poses a risk of serious injury or death if an accident were to occur, doing so is unlawful; and thus, a driver must ensure that all persons traveling are within the vehicle that is towing the trailer rather than within the trailer that is being towed.
The Law
The applicable law regarding towing a house trailer or boat trailer with a person inside can be found at section 188 of the Highway Traffic Act, R.S.O. 1990, c. H.8 and the law for the penalty that applies upon a conviction can be found at section 214(1) of the Highway Traffic Act. The separate penalty section must be read in tandem as section 188 is silent about, meaning failing to state, the applicable fine. Accordingly, upon reading section 188 and section 214(1) of the Highway Traffic Act together, such combine to 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 shown above, the general penalty prescribed by section 214(1) of the Highway Traffic Act imposes a fine ranging from sixty ($60) dollars to one thousand ($1,000) dollars for towing a house trailer or boat trailer with a person onboard. Furthermore, a statutory victim surcharge plus court cost will also apply in addition to the potential of serious affects upon insurance rates.
Summary Comment
When a driver operates a motor vehicle that is towing a house trailer or boat trailer with a person inside, doing so creates a great risk of serious harm to the person inside the trailer, especially in an accident occurrence. Accordingly, drivers are legally forbidden from doing so and upon a conviction for a violation a fine of up to one thousand ($1,000) dollars, among other penalties, applies.
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