By David Tanner, Land Line associate editor and Reed Black, Land Line Now staff reporter
Last year, owner-operator Lee Ingratta of Gravenhurst, Ontario, beat a speed-limiter ticket in court when he used a homemade waiver that asked roadside inspectors to accept any possible damages to his truck?s ECM caused during an inspection. Last week, the province filed an appeal and Ingratta is headed back to court.
Ingratta carried the self-produced waiver with him because he was concerned the province?s method for testing for speed limiters under the law could lead to computer damage in his truck. He was especially worried about static electricity produced as an inspector hooked up a portable device to his truck?s ECM port under the dash.
During an inspection last spring, an inspector testing for a working speed limiter under the law disregarded Ingratta?s ?Speed Limiter Consent Form? and plugged in the testing device. While no damage was caused, Ingratta fought the procedure and a traffic judge dismissed his case on June 4, 2010.
Ingratta informed Land Line late last week that, seven months after his case was dismissed, he had received information about the Ministry of Transportation of Ontario?s appeal. The notice of appeal states that MTO believes the traffic judge erred in his ruling.
The province?s appeal does not surprise Ingratta.
?I was sort of looking forward to this appeal. I wanted this appeal to come through,? Ingratta told Land Line Now on Sirius XM.
?If I win this appeal now, I think it?s going to be a precedent in law with this speed limiter in regards to having a waiver signed by these people in case any damages were done.?
Ingratta, a former computer technician, is not confident in the device being used or in the inspectors who use them.
?I?ve got over 2 million kilometers on my truck and it?s over $5,000 to replace that computer, and these guys don?t really know what they?re doing,? Ingratta said.
The Owner Operators Business Association of Canada has set up a defense fund to help Ingratta and others challenge the law.
OOIDA is considering a constitutional challenge to the law.
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