In Ontario, riders are working on a petition to have two Handle Bar Laws in Ontario deemed Deemed of no Force or Effect.
The petition explains that the measurement start and end points is vague and that the laws do not allow for handle bar adjustment to compliment a person's arm length or body type.
Ontario Regulations 596
10 (1) No person shall operate upon a highway a motorcycle or motor assisted bicycle equipped with handlebars that are more than 380 millimeters in height above the upper most portion of the seat provided for the operator when the seat is depressed by the weight of the operator
Ontario Regulations 611
4. (3)(e) No part of the handlebar shall exceed a height of 380 millimetres above the uppermost portion of the operator's seat when the seat is depressed by the weight of the operator.
1.Ontario Regulations 596s.10(1) and 611 s.4(3)(e) do not properly ascertain what is permissible or non- permissible as they do not state the specific point at which the measurement is to end. A vague law is contrary to the principles of Fundamental Justice and that there can be no crime or punishment unless it is in accordance with law that is certain, unambiguous and not retroactive.
2.Ontario Regulations 596s.10(1) and 611 s.4(3)(e) do not provide clear and explicit standards for the measurement of the handlebar height by Law Enforcement. It is essential in a free and democratic society that citizens are able, as far as is possible, to foresee the consequences of their conduct in order that persons be given a fair notice of what to avoid, and that the discretion of those entrusted with law enforcement is limited by clear and explicit legislative standards.
3.Ontario Regulations 596s.10(1) and 611 s.4(3)(e) do not allow for the adjustment of a Rider’s handlebars to reflect his/her height and arm length, this in turns prevents the Rider from sitting in a comfortable position while operating his motorcycle, denying him/her of proper enjoyment of his/her Motorcycle. In the absence of an objective of sufficient importance to justify overriding the defendant’s right of enjoyment of property the law cannot be upheld.
4.Ontario Regulations 596s.10(1) and 611 s.4(3)(e) were constructed in an era where radically constructed ‘ Choppers” were the norm, this is no longer the case. A law that is Anachronistic or that lacks any ostensible purpose cannot override an individual’s fundamental rights.
You will find a copy of the petition in this week's Busted Knuckle Chronicles - if you live in Ontario - PLEASE, print it off and gather signatures.
In Manitoba - over $250 Million has to go back to vehicle owners and lobbyists there are highly critical of the government for not holding hearings on proposed changes.
And in New Brunswick Hard Tails are no longer able to be ridden on the roads - they are deemed unsafe and so if you have an antique bike - it will be nothing more than a museum piece! One New Brunswick Biker is extremely upset by this sudden turn of events.
I hope that you as a rider in Ontario are going to get on the band wagon and fight for the right to be able to modify your bike so that it fits your body and provides the utmost handling and safety for you because it DOES fit your body. I hope that if you live in Manitoba - you are going to work towards holding your government accountable and in New Brunswick - well, I hope and pray you are going to get together to challenge the notion that hard tails are unsafe.
Remember, we - the people, we DO have power when we work together for the common good and repressive and restrictive laws like the ones mentioned above - or the over charging of insurance fees causing undo hardship on many - we have the power if only we would unite and raise our voices as one...think about that when you vote in the upcoming Federal Election...
YOU ARE going to vote - right? Right.
As always - I welcome your comments, feed back and ideas!
Have a fabulous day - I am on a plane back to Edmonton today - home in my own bed by Saturday if all goes well!
Belt Drive Betty
Editor & Rider
www.beltdrivebetty.com
www.bustedknucklechronicles.com
Editor & Rider
www.beltdrivebetty.com
www.bustedknucklechronicles.com
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