WINDSOR, ON — Wednesday afternoon, a Peterborough, ON-based carrier beat a speed-limiter ticket in court here. Friday afternoon, while swapping emails with todaystrucking.com about his legal victory, one of his trucks got nabbed again.
“Can U see a fight here? LOL” Ken Westlake, the CEO of Exclusive Transfer Enterprise Corporation emailed.
“Same charge. Speed limiter not working.”
Wednesday’s court decision was related to a September, 2011 incident. One of Westlake’s 30 rigs was pulled over, inspected and the Ministry of Transportation (MTO) inspector used an Ez-Tap diagnostic tool and found the speed limiter to be set at 114 km/h (71 mph).
Since 2009, Ontario has stated that all heavy-duty trucks operating in the province must have their speed limiters set at 105 km/h (65 mph). The fine was set at $390.
Westlake proved to Justice Susan Hoffman that he set his truck’s speed limiter at 105 km/h back in 2007, before the law required him to do so; and that his electronic speed-control module is password protected.
According to the MTO Spokesman Bob Nichols: “The judge did not doubt any evidence that was given by the Ministry officer. However, the judge found that the owner had proved due diligence in this case — that he had done everything within his power to ensure that the engine was set.
“The judge’s ruling only speaks to this particular case. It does not have any effect on the program.”
Further, Westlake said, there’s no legal requirement forcing a truck owner to re-check the speed limiter, at any time after it is installed.
Justice Hoffman dismissed the charge; and Westlake, victoriously returned to Peterborough.
His plan: Issue letters to all his drivers stating that their speed limiters have been set by the company technicians; they’re password protected; and that there’s no need for an MTO inspector to question the calibration.
If they do proceed with an inspection, Westlake insists, the “Ministry will have to assume all responsibility for any damage that may occur.”
And then, just as he’s trying to figure out the exact wording for the letters, he got the message about the new charge.
Says Westlake: “I will fight this one also. It will be much easier now, though.”
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