The defendant, a commercial motor vehicle driver, was charged with failing to properly secure an intermodal container load on his trailer in violation of Ontario Regulation 363/04 and the National Safety Code Standard 10.
A Ministry of Transportation officer observed two locking pins on the right side of the trailer in what appeared to be an unlocked position during a Level 2 inspection.
The defendant testified that he had conducted a thorough pre-trip inspection and found all four locking mechanisms properly secured.
The court found both witnesses credible and, applying the test from R. v. W.D., determined that the defendant's evidence raised a reasonable doubt regarding whether the locks were actually unlocked.
The charge was dismissed.
