Frustrating weekend

[Jay T]

Hi to all,

 

I am new to this forum but would like a little help if possible. I was out on the weekend doing some fishing with my step son, had a great day on the water he caught lots of perch and so did I. When I came back to shore I took my boat out of the water and there is a cop standing there pointing at me, so I walked over and asked what is the problem he replies do you have a boaters card, I said "no I don't need one", he say's "yes you do with a boat under 4m everyone has to have a boaters licence". So to make a long story short I got a ticket for no licence, I have a 12' 2" fiberglass boat with a 9.5 johnson, I thought and heard from lots of people that I didn't need one till 2009 because of my age (I am 28), but if my boat was 1' longer I would not need a licence till 2009. What the heck is with this crap I know they are trying to make our water ways safer but this system is a little crazy the way they have it set up on who needs one and who doesn't.

Do I have a chance to fight this in court, or am I just going to have to bite the bullet?

 

 

Thanks in advance.

[FinS]

welcome aboard

 

well it looks like u will have to bite the bullet

anything under 4 meters in length u must have a boaters card

[Bernie]

I my opinion the cop should have given a warning, not a ticket. Those rules were put in place for personal watercraft idiots. Not all drivers of PWC's are idiots mind you. Dont know what your chances are in fighting it because I have never talked to or heard of anyone getting pinched for that.

[charlesn]

Unfortunate but probably not worth your time to fight it unless the ticket is a lot of money, your time and expenses to fight it will be more than the ticket, plus it will be hard to beat on the basis of "it's not fair".

 

For the $40 or whatever it is to do the test on-line, it's probably worthwhile to do it asap. If you do this and let the judge know you did this and provide proof of having the card now, maybe they'd reduce the fine?

 

Charles

[Jay T]

The cop was a real piece of work also, this law has been in place since 2002 so I was shown which was news to me. I do not break rules usually and felt like crap because my step son 6 years old was standing there while he was yelling at me and making me out to be criminal. So if anyone is heading up that way make sure to have all your saftey equipment and licence's he will be there again.

[Bernie]

The cop was a real piece of work also, he was yelling at me and making me out to be criminal.

 

Why would he be yelling at you? Sounds like he woke up on the wrong side of the bed or somebody crapped in his cornflakes. Any experience I've ever had with cops didn't include getting yelled at.

[Jay T]

I guess he didn't like the way I looked. Also It was a $320 fine that hurts the bank account.

I guess I don't have much of a chance going to have to pay, thanks for your responses.

[ADC]

Outdoorsman,

 

I was at Lake Eugenia last weekend and believe it or not... Im pretty sure I heard about your story from the owners of where I was staying.

 

I had to get a boat lic. as well for the boat we rented as it was under the 4m. It didnt cost us anything and was just a one page thingy?

 

The best thing you can do is.....

 

Go get your lic right away and take it to court. You have nothing to lose by going to court.

 

Go early and if you see the cop there, see what deal the crown can offer you as you probably wont get off but may get something reduced.

 

If the cop doesnt show, which is likely for something like this. Dont make a deal and you will get off scott free. Just show up early so you are the first one called. Cops like to show up late to these things and mess up your plans.

 

If not, chose to go to trial and tell your story about how he yelled at you and was mean in front of your 6 year old and that you thought he was way out of line. Being a local, you may just get off if the judge isnt a soto.

 

Good luck !

Edited June 28, 2007 by ADC

[1leggedangler]

Sorry bout the ticket, but that is a beauty pike. Absolutely no need for the officer to raise his voice in front of your son. I think he made his point with the 320.00.

 

Cheers,

1leg

[POLLIWOGG]

Your local Canadian Power Squadron might have a coarse on or they can test you for about $20. Their test is now 50 questions instead of 35 but their card is good in the US. and they keep a record in case you loose it.

[Jay T]

Thanks ADC it is worth a shot. Funny that you heard what happened, word does get around fast in little towns eh.

 

Thanks all

[evster]

Too bad for the ticket, I just got my card last week. Great looking pike too, congrats!

[Nemo]

That's a drag but is a heads up for me. I am operating without proof of operator competency.

 

I think I might just get the card now. Anyone have any recommendations on where is best?

 

Also this Transport Canada Site answers a lot of questions.

 

http://www.tc.gc.ca/BoatingSafety/oc-faq.htm#1

Edited June 28, 2007 by Nemo

[bbog]

Beauty Pike and great advice from ADC. Even if you don't get off you'll have a license to operate anything.

 

Did I say beauty Pike?

[Tacklebuster]

It would have been nice for the cop to give you a warning, and his behavior towards you was less than appropriate. At the same time, I think these laws have been in place long enough for every boater to be in the know, which you were, except for the fact that your source for information was not.

[Jay T]

Tackle Buster you are right, I should have researched it better and not gone by word of mouth. I have been fishing for most of my life I should have known better to go threw all regulations . I sure know now that I need one.

 

Thanks to all for your input.

[wallyboss]

try this link , it seems to be the best oen around.

 

http://www.boaterexam.com/canada/

[wallyboss]

http://www.ofncommunity.com/forums/index.php?showtopic=8727

 

Check this thread for a 10.00 discount.

[POLLIWOGG]

Tacklebuster..... You would be lucky to get a warning with a local cop but I'm almost sure the TOY PATROL is 0 tolerance because there are so many waiting for the last minute that the card may be dropped due to non compliance.

 

So many of these cards have been issued online that they are pretty much useless anyway, I think google has been tested more than boaters.

[Zamboni]

Heard 2 tickets were issued off Bluffs on boat registrations recently-another case where warnings would seem fairer than a ticket. Got mine hidden in a baggy on the boat now-did cops ask for your boat registration also outdoorsman?....or do I recall smaller size boats aren't reg'd?

[misfish]

Nice gator.

I like the fact the lic, is law, but what happen to you is absolutly crap. Cop could of said ok please make sure you get it before heading out again. My brother had this happen.On a lake out in the bonnies.Why there was an opp officer there at a dirt road launch is beyond me,(insert smart a s s remark about cottage owners thinking they own the small lake) They warned him and thats cool.

 

Get-r-done and it,s all good.

[idesign]

Can any1 tell me if i need to carry please craft license i got from service Canada while i am on the water. thx

[HTHM]

For $320.00 I would fight it. The JP will probably take a very dim view of the Police Officers heavy handed tactics, and you may be able to enjoy a good tongue lashing in court.

Or perhaps talk to a paralegal about the case.

Good Luck

[TOM C]

Check the date of the original Thread

Edited June 9, 2008 by TOM C

[bassfighter]

GO FIGHT IT IN COURT IF IT IS NOT TOO FAR. AND PLEAD GUILTY WITH AN EXPLANATION IF IT HAS TO GO TO COURT. NORMALLY THEY WOULD REDUCE IT, The Cop HAs to do his job, but he is not there to rip people off, chances are he will not show up.

 

If the cop is not there, you are off the hook.

 

I had a $45 ticket once for not having enough padel, decide to fight it and when the time comes and I reach the Arbitration, he was confuse why a padel and I said it was for a boat, he asked me how much I want it reduce. I was kind of Dumbfounded, and said $25, he said go pay for it at the cashier.