Canadian trucker Mooney not fazed by loss in speed-limiter case

By David Tanner, Land Line associate editor | Friday, December 10, 2010

Canadian trucker and OOIDA Member Scott Mooney says that even though he lost a recent court battle, he will continue to pressure lawmakers and educate the public about safety concerns he has with an Ontario provincial law requiring truckers to cap their road speed below the flow of traffic on major highways.

A traffic court judge ruled Dec. 1 that because Mooney did not have his road speed capped in his truck’s computer at the maximum of 105 km/h, or 65 mph, he must pay the fine.

Mooney had been fighting the citation on grounds that the law puts truckers and other motorists in danger, especially on the 400-series highways where cars travel much faster than the posted limit of 100 km/h (62 mph).

“The traffic court does not have the authority under rule of law to hear a defense based on safety,” Mooney told Land Line on Friday, Dec. 10. “They found me guilty under the provincial law that says I must have the limiter set, and they based their conviction on my admitted fact that I did not have it set at 105.”

Mooney was cited near Napanee, Ontario, shortly after the provincial law affecting truck speed went into effect in October 2009.

The judge reduced his fine from $390 to $250.

A legal technicality prevented Mooney from filing a Charter of Rights challenge, due to the fact that the citation was issued to the name of a corporation and not to Mooney personally.

Despite the setback to a cause he firmly believes in, Mooney is not giving up.

“I’m going to continue to fight,” he said, although there will not be an appeal of this particular citation.

As far as the road conditions go, he equates the right-hand lanes of Hwy. 401 to an “elephant race” of trucks that can’t get up enough speed to pass one another.

“I don’t look at the loss of this particular court challenge as a loss,” Mooney said.

“It was a learning experience, and I did learn a lot from it on the procedures that need to be done. It will prepare me for another challenge if it comes up, as well as making that information public to anyone that wants it.”

Copyright © OOIDA

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