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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
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 law that forbids a driver from towing a house trailer or boat trailer while a person is inside the house trailer or boat trailer is prescribed by section 188 of the Highway Traffic Act, R.S.O. 1990, c. H.8. For those found guilty of violating section 188, the details for the penalty upon conviction are prescribed by section 214(1) of the Highway Traffic Act whereas section 188 is actually silent, meaning absent, about the penalty details. Within section 188 and section 214(1) of the Highway Traffic Act it is specifically stated:
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
Towing a house trailer or boat trailer, among other types of trailers, poses a risk of serious injury or death to any person or persons aboard the trailer if an accident occurs; and accordingly, doing so is unlawful and subject to a potential fine of one thousand ($1,000) dollars plus victim surcharge, court cost, and insurance rate consequences.
