TORONTO -- Lawyers for Ontario's Ministry of Transportation say that to drive with "due care," highway drivers don't need to be able to go faster than 105 kilometres per hour.
It's one of the arguments Ontario is making in appealing a court decision that found a law requiring trucks to be equipped with speed limiters is unconstitutional.
Truck driver Gene Michaud challenged the law that commercial vehicles must have speed limiters, saying the speed limit of 105 kilometres per hour puts him in danger in the flow of faster traffic.
A justice of the peace in Welland, Ont., agreed earlier this month and struck down the law in Michaud's case, but because it was a provincial court matter it's not binding in other cases.
The Ministry of Transportation has now filed a notice of appeal to the decision, arguing the justice of the peace gave undue weight to witnesses who weren't qualified as experts.
The government lawyers argue the court was wrong to find the Highway Traffic Act requirement that drivers exercise due care means they have to go faster than 105 kilometres per hour, when the speed limit is 100.
