A commercial motor vehicle operator was charged with two offences under the Highway Traffic Act: (1) driving without a currently validated permit contrary to section 7(1)(a), and (2) operating an overweight vehicle in violation of section 121(1).
The vehicle was a snow-clearing truck being transported for engine repairs outside its normal service area.
The court determined that the first charge should be stayed based on the defence of officially induced error of law, as the defendant had received erroneous advice from a Ministry of Transportation official regarding registration exemptions for snow-clearing equipment.
The second charge was dismissed because the court found the vehicle qualified for a weight exemption under section 114(3) of the HTA, as it was being operated on behalf of a municipality and was equipped with snow-clearing equipment (a salter), even though the ploughs had been temporarily removed for repairs.