Ontario Regulations 596
(10) 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 596(10) and 611.4(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 (10) and 611.4(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 (10) and 611.4(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 (10) and 611.4(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.
1.We the undersigned, call on the Ontario Court of Justice to find that Ontario Regulations 596(10) and 611.4(3)(e) are Ambiguous, Vague and Anachronistic and as such are contrary to the Principles of Fundamental Justice.
2.In addition, We the undersigned call on the Ontario Court of Justice to rule that Ontario Regulations 596(10) and 611.4(3)(e) are a Nullity and therefore of no force or effect.