Tractor Trailer Driver is Issued a $305.00 ticket, for Smoking in his own Rig.

Update:

A trucker received a $305.00 fine, for smoking in his own truck.  On Wednesday, October 7, 2009 a 48 year old trucker from London, Ontario was headed for the Ontario border City of Windsor when he was pulled over on Highway 401 and given a ticket under the Smoke-Free Ontario Act (also referred to as SFOA).  The $305.00 is the set fine  in accordance with SFOA Sec. 9(2).

For “SET FINES” pursuant to Schedule 83.0.1 of the Smoke-Free Ontario Act, see Ontario Court of Justice schedule (last updated on January 21, 2009). The actual fines under the SFOA, Section 9(2) are:
34. Smoke tobacco in prohibited place or area              Section  9(2)   Fine= $250.00
35. Hold lighted tobacco in prohibited place or area  Section  9(2)   Fine=  $250.00
But, add on the Victim Fine Surcharge (found in Ontario Regulation 161/00) of $50.00 and the Court Fee of $5.00 and altogether, the total payable amount = $305.00.

The Smoke-Free Ontario Act and it’s Regulations (Ontario Regulation 48/06) are some of the toughest laws in the country. The Smoke-Free Ontario Act is designed to protect the health of all Ontarians by prohibiting smoking in all enclosed workplaces and enclosed public places in Ontario and became effective on June 1, 2006.

According to the O.P.P. the reason that this trucker received a ticket was because he was an employee and was sitting in a workplace, smoking, which is prohibited by the Act: Ontario Provincial Police Constable Shawna Coulter said the law is very explicit about what constitutes a workplace. “It says the inside of any place, building, structure or vehicle that is part of the employee’s workplace, which if you’re driving a truck for long periods of time — that becomes your workplace.”

The Act contains the following definitions:

  • employee” means a person who performs any work for or supplies any services to an employer, or a person who receives any instruction or training in the activity, business, work, trade, occupation or profession of an employer; (“employé”)
  • employer” includes an owner, operator, proprietor, manager, superintendent, overseer, receiver or trustee of an activity, business, work, trade, occupation, profession, project or undertaking who has control or direction of, or is directly or indirectly responsible for, the employment of a person in it; (“employeur”)
  • enclosed public place” means,
    (a) the inside of any place, building or structure or vehicle or conveyance or a part of any of them,
    (i) that is covered by a roof, and
    (ii) to which the public is ordinarily invited or permitted access, either expressly or by implication, whether or not a fee is charged for entry, or
    (b) a prescribed place; (“lieu public clos”)
  • enclosed workplace” means,
    (a) the inside of any place, building or structure or vehicle or conveyance or a part of any of them,
    (i) that is covered by a roof,
    (ii) that employees work in or frequent during the course of their employment whether or not they are acting in the course of their employment at the time, and
    (iii) that is not primarily a private dwelling, or
    (b) a prescribed place; (“lieu de travail clos”)
  • The law now considers the interior of truck to be an “enclosed workplace” and thus, smoking, under the Ontario-Free Ontario Act is being interpreted as illegal, in contravention of the Act.

    The Provincial Government has already passed legislation which forbids driver’s with children (under sixteen (16) years of age) in their motor vehicle from smoking, in their vehicles. See post.

    Ontario’s Minister of Transportation Jim Bradley said he’d never heard of such a case, and while he couldn’t comment on any particular case, said he’ll be watching to see how this one unfolds.

    “It would be interesting to see how this develops,” Bradley said. “That’s interesting. It’s a new one to me.”

    This latest move by the Ontario Provincial Police is unprecedented in Ontario and will probably be challenged in the courts.

    Here are some stories that arose in connection with this story, CBC, Toronto Star, National Post,Fort Frances Times Online, Vancouver 24hrs

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    3 comments

    1. Wow, this is by farrrrrrr the best story about the TTC I have read on over 112 webpages. You make sure that people like me totally understand how the fine system works and why. It is so comprehensive and explains all the small details, so that we can all totally understand the subject matter. Keep up all the hard work that you have been doing. I will be coming back and telling others. Don’t let eMedia influence you with their small stories predicated on so many other small stories. We need sites like yours to tell the whole story with all of the small, but important details, which so many of the mainstream media will not and cannot do.

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