Subsection (1) defines the term used in subsection (2). You can pretty much substitute the definition from subsection (1) into subsection (2):
"No person shall drive on a highway a motor vehicle that is equipped with or that carries or contains any device or equipment designed or intended for use in a motor vehicle to warn the driver of the presence of speed measuring equipment in the vicinity and includes any device or equipment designed or intended for use in a motor vehicle to interfere with the effective operation of speed measuring equipment."
The odd thing about this section is it says "carries or contains" a speed warning device. But most cops say it's OK to carry it in the trunk, say, if an American visits Ontario with one. I see no provision in the statute which would allow one to transport it in the trunk.
- hwybear
- High Authority
- Posts: 2934
- Joined: Tue Apr 22, 2008 7:21 am
- Location: In YOUR rearview mirror!
MODS...can one of you move the post from tdrive2 down to the SMWD section...this is not related to plates....thanx
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If I have grounds a MV has a SMWD I will be searching for it and seize it when found! If I stop the MV for another violation and I see the SMWD in plain view I also will seize it.
Other than that, how would an officer know it is in the trunk? I have stopped MV before and they have opened their trunk for a licence etc and the SMWD is in there. I find that reasonable they have taken appropriate steps to comply with Ontario law and not be using the device. See, I do have a heart!!
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