TORONTO, Ont. — The provincial court of appeal has ruled that speed limiters, which prevent trucks from going faster than 105 km/h, are legal in Ontario, upholding earlier passed provincial legislation.
Justice Peter Lauwers ruled this earlier last week in the case involving St. Catharine’s truck driver Gene Michaud, who had been ticketed for not having his speed limiter set properly back in 2009. He argued that travelling at 105 km/h was unsafe and violated his charter rights. He successfully argued his case in 2012, claiming the speed limiter didn’t give him room to maneuver in case he need to for safety reasons. Then, the province appealed and the decision was overturned in 2014.
On Monday, Lauwers sided with the legislation, causing widespread attention from truck drivers in the province who side with Michaud and say speed limiters are a safety hazard.
Michaud, who died in 2013, is backed by the Owner-Operator Independent Drivers Association according to a CBC news story.
The OOIDA now has 60 days to appeal the case to the supreme court.