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Person Aboard Trailer Contrary to Section 188 of the Highway Traffic Act
What Is the Law About Towing a Trailer With a Person Onboard?
Towing a House Trailer or Boat Trailer, Among Others, With a Person Inside Is Contrary to Section 188 of the Highway Traffic Act and Is Subject to Penalties Including a Fine Ranging From $60 to $1,000 Plus Victim Surcharge and Court Cost As Well As Possible Consequences to Insurance Rates.
Understanding the Highway Traffic Act Offence For Towing a Trailer With a Person Aboard Including Applicable Penalties
As doing so creates a significant risk of danger for serious injury or death in the event of an accident, the law forbids the towing of a house trailer, camping trailer, boat trailer, among others, while a person is aboard. Accordingly, all persons traveling must be onboard the towing vehicle rather than aboard the towed trailer.
The Law
The law forbidding a driver from towing a house trailer or boat trailer with a person onboard is found at section 188 of the Highway Traffic Act, R.S.O. 1990, c. H.8 and the applicable penalty upon conviction for a violation is found at section 214(1) of the Highway Traffic Act as section 188 is silent about, meaning failing to state, the penalty details. Specifically, section 188 and section 214(1) of the Highway Traffic Act state:
Riding in house or boat trailers prohibited
188 No driver of a motor vehicle to which a house trailer or boat trailer is attached shall operate the motor vehicle on a highway if the trailer is occupied by any person.
General penalty
214 (1) Every person who contravenes this Act or any regulation is guilty of an offence and on conviction, where a penalty for the contravention is not otherwise provided for herein, is liable to a fine of not less than $60 and not more than $1,000.
As shown above, the general penalty prescribed by section 214(1) of the Highway Traffic Act imposes a fine ranging from sixty ($60) dollars to one thousand ($1,000) dollars for towing a house trailer or boat trailer with a person onboard. Furthermore, a statutory victim surcharge plus court cost will also apply in addition to the potential of serious affects upon insurance rates.
Summary Comment
Driving with a person onboard a house trailer or boat trailer, among other trailers, presents a great risk of serious harm to that person in the event of an accident. Accordingly, the law forbids doing so and imposes a fine of up to one thousand ($1,000) dollars upon a finding of guilty when a driver is charged for doing so.
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