Historic Vehicle Plates: Pros/Cons in Ontario, Canada

[Stuart Fedak]

Originally Posted by Bruce Parker

Oh, I have too. I also had a frustrating talk with MTO on the issue. The guy was adamant that the historic provisions did not exempt a vehicle from being 'commercial' based on weight, so the commercial regs applied even it was historic (and, I hate to admit it, a strict reading of the law based on what it says...and doesn't say...with regard to exemptions tends to support this interpretation). I think the trucks you see out there had the owner apply for plates based on age and simply not mention weight, or if they did the licensing office hadn't conferred with my MTO friend. My concern, like any other when dealing with the law and insurance, is that everything goes fine until there is an accident and then all these issues come up and you get in a heap of trouble.

In the area of jurisprudence, this is what is referred to the act remains silent on Historic Vehicle. The regulations do not specifically include or exclude the requirements of some historic vehicles that would normally be commercial trucks.

There are those who believe that the historic vehicle plate excludes them from the requirements of commercial trucks. There are also those who believe that not withstanding the Historic Vehicle plate, that the requirement under law would be to comply with all requirements for annual safety, daily log of inspection and all other requirements of commercial trucks.

In law, when an act remains silent on certain issues, it is usually assumed that the higher standard would apply in all other areas. This concept means that if your vehicle has historic plates, that notwithstanding the historic vehicle plate, that all standards that would apply to such a vehicle, would be in force. That is usually the standard that would be applied in cases of litigation.

I think the intent of the historic vehicle plates would NOT have been to create a mechanism for unsafe vehicles to drive on the public highways. The general public good would demand that any historic vehicle be as safe as any other vehicle on the highway.

In Ontario every year we have tires and other objects falling off commercial trucks that result in accidents and deaths. I think the requirement to prove documentation of ongoing safety aspects of any commercial/historic vehicle are reasonable.

Your thoughts?

Stuart