Speakers Corner: Can a dirty car get you a traffic ticket?

Posted April 20, 2022 2:20 pm.
Last Updated May 16, 2022 5:59 pm.
As the weather starts to warm up, a lot of us work hard to keep our cars clean, but one person is sharing another reason to do so.
She is speaking out after getting a ticket for a dirty car, but could the same happen to you? The short answer is yes, more specifically, a dirty licence plate.
“The Highway Traffic Act is specific. It says the entire licence plate, number plate, front and back, must be visible. It is your responsibility,” said Ontario Provincial Police (OPP) Sgt. Kerry Schmidt.
One Toronto woman found that out recently when she was pulled over after a recent snowstorm for having too much snow and dirt, which the officer said was obstructing her licence plate.
She only got a warning, others have not been as lucky.
“It’s $110,” said paralegal Ryan Swalm.
While not as common as speeding or other traffic violations, officers can and have issued tickets to people for having too much dirt, mud or snow covering their plates.
“We always tell people to clear a vehicle of ice and snow. The roof, hood lights and so on, but that includes your licence plate. You need to be visible,” said Schmidt.
Most drivers we spoke with didn’t know about the rule and don’t exactly like it.
“I think that’s extreme,” said driver Andre Batholomew. “I don’t think it would be right to get a ticket for having a dirty plate.”
But police say the rule is in place for a good reason.
“Someone from the public may very well call in the licence plate if they see another driver breaking the rules on the road. If they can’t differentiate one letter from another, we may be sent off looking for a vehicle that does not match that description,” Schmidt said.
Not to mention, a dirty plate can’t be read by various traffic cameras used for enforcement throughout the GTA.
But what happens if you’re driving during a heavy snow storm?
“If you’re driving on a highway and there is snowfall, it’s also unreasonable to suggest that you have to stop every 10 minutes on the side of the road and wipe the plate off,” said Swalm. “So in that case, if you said, ‘Well, I cleared the car off before I left,’ that that might be a plausible defence.”
It’s often up to the officer’s discretion on whether to issue a ticket for this offense.
“When you could get into trouble is let’s say you drive a jeep and you go off-roading. You come out of a muddy field and you don’t get out and wipe down your plate. You can hardly argue that you were diligent because you reasonably ought to have known that things were going to get messy,” Swalm said.
It’s not just dirt and snow – other licence plate obstructions can also get you in trouble. But here’s where the law gets tricky. How much of the plate must be visible?
The numbers should be of course, but the wording too, like “Ontario and “Yours to discover.”
“The Highway Traffic Act does say the entire number plate. So, that includes the words above and below,” Schmidt said.
Tickets being issued for blocked wording are very rare though, especially given the fact that many car dealerships give you plate borders that block that wording.
A driver who was pulled over for having “Yours to Discover” blocked by one of these plate borders, challenged it in court.
“Ultimately, they threw the charge out because they found that the numbers of the plate were visible,” said Swalm. “In my opinion, what they were trying to say is this isn’t in the public interest to prosecute people for this type of issue.”
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