R. v. Hart (J.W.), (2007) 255 N.S.R.(2d) 136 (SC)

• Judge: Goodfellow, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: May 23, 2007
• Jurisdiction: Nova Scotia
• Citations: (2007), 255 N.S.R.(2d) 136 (SC);2007 NSSC 161

R. v. Hart (J.W.) (2007), 255 N.S.R.(2d) 136 (SC);

    814 A.P.R. 136

MLB headnote and full text

Temp. Cite: [2007] N.S.R.(2d) TBEd. JN.011

Her Majesty the Queen, on the Summary Offence Ticket of Lawrence Stevens, a member of the Nova Scotia Department of Transportation (respondent) v. Jason Wilfred Hart (appellant)

(CRAM No. 275236; 2007 NSSC 161)

Indexed As: R. v. Hart (J.W.)

Nova Scotia Supreme Court

Goodfellow, J.

June 4, 2007.

Summary:

The accused was found guilty of committing the offence of a commercial driver failing to obey a traffic sign or signal to report to a scale, contrary to s. 83(2) of the Motor Vehicle Act. The accused appealed.

The Nova Scotia Supreme Court allowed the appeal and substituted an acquittal.

Motor Vehicles - Topic 3101

Regulation of vehicles and traffic - Observance of signs and traffic control signals - General - The accused was found guilty of committing the offence of a commercial driver failing to obey a traffic sign or signal to report to a scale, contrary to s. 83(2) of the Motor Vehicle Act - The accused appealed - The Nova Scotia Supreme Court allowed the appeal and substituted an acquittal - The trial judge erred in determining that the sign in issue had something to do with actual weight - The sign did not deal with a limitation on weight, but rather a reporting requirement for vehicles that had over 3,000 kilograms registered weight - Registered weight was a classification determined by the province of Nova Scotia - The accused's truck had a registered weight of 2,800 kilograms and he therefore had no obligation to report - While the accused could have been charged with being overweight, that was not the offence created by the sign he was charged with disobeying.

Cases Noticed:

R. v. Flemming (1980), 43 N.S.R.(2d) 249; 81 A.P.R. 249 (Co. Ct.), refd to. [para. 11].

R. v. Provincial Foods Inc. (1992), 111 N.S.R.(2d) 420; 303 A.P.R. 420 (Co. Ct.), refd to. [para. 11].

Counsel:

Bruce C. Baxter, for the respondent;

Jim O'Neil, for the appellant.

This appeal was heard on May 23, 2007, at Amherst, Nova Scotia, before Goodfellow, J., of the Nova Scotia Supreme Court, who delivered the following decision on June 4, 2007.