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Person Aboard Trailer
Contrary to Section 188 of the Highway Traffic Act
Is It Against the Law to Tow 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
The law requires that all persons traveling are onboard the towing vehicle rather than inside a house trailer or boat trailer that is under tow as serious injury or death could arise in the event of an accident occurrence; and accordingly, a driver may be charged for permitting a person to ride inside a trailer that is under tow.
The Law
The applicable law regarding towing a house trailer or boat trailer with a person inside can be found at section 188 of the Highway Traffic Act, R.S.O. 1990, c. H.8 and the law for the penalty that applies upon a conviction can be found at section 214(1) of the Highway Traffic Act. The separate penalty section must be read in tandem as section 188 is silent about, meaning failing to state, the applicable fine. Accordingly, upon reading section 188 and section 214(1) of the Highway Traffic Act together, such combine to 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.
Accordingly, per the general penalty stated within section 214(1), the fine for towing a house trailer or boat trailer with a person onboard is in a range from sixty ($60) dollars to one thousand ($1,000) dollars. Additional penalties will include the statutory victim surcharge plus court cost. Furthermore, a conviction may also have serious consequences to insurance rates.
Summary Comment
When a driver operates a motor vehicle that is towing a house trailer or boat trailer with a person inside, doing so creates a great risk of serious harm to the person inside the trailer, especially in an accident occurrence. Accordingly, drivers are legally forbidden from doing so and upon a conviction for a violation a fine of up to one thousand ($1,000) dollars, among other penalties, applies.
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