The defendant was charged with operating a transport truck in contravention of an oversized vehicle permit under section 110(7) of the Highway Traffic Act.
The Crown alleged that the defendant operated a commercial truck carrying heavy machinery with dimensions exceeding the permitted width of 2.6 meters without the required extremity warning lights and retro-reflective signage during night hours.
The defendant claimed he exercised due diligence by placing warning banners and flags and relying on manufacturer-installed mirror lights.
The court found the defendant guilty, determining that the worn-out banner lacked proper retro-reflective qualities and the mirror lights were inadequate to warn other drivers of the overhanging load.
The court rejected the defendant's due diligence defence, finding that as an experienced truck driver familiar with the permit, he should have ensured compliance with all safety requirements.
