Traffic Stop Investigation Concludes – Stevie Go Go

On August 18 2024, Stephen Devlin was operating two Tuk Tuk Rickshaw vehicles on a roadway.  These vehicles are operated under a company name known as “Stevie Go Go”.  Mr. Devlin […]

On August 18 2024, Stephen Devlin was operating two Tuk Tuk Rickshaw vehicles on a roadway.  These vehicles are operated under a company name known as “Stevie Go Go”. 

Mr. Devlin was lawfully stopped by police for Highway Traffic Act Offences by a patrolling officer.  At that time, the vehicles were being operated with open alcohol, a violation of the Liquor Licence and Control Act.

 HTA Section 1 defines a “motor vehicle”  and includes an automobile, a motorcycle, a motor assisted bicycle unless otherwise indicated in this Act, and any other vehicle propelled or driven otherwise than by muscular power, but does not include a street car or other motor vehicle running only upon rails, a power-assisted bicycle, a motorized snow vehicle, a traction engine, a farm tractor, a self-propelled implement of husbandry or a road-building machine;

 During that traffic stop, Mr. Devlin clearly expressed his displeasure with the officer.  When requested by police (as authorized in law), he was unable to provide the required documents for the vehicle, or himself.  Providing proof of registration, insurance, and a Driver’s Licence are basic requirements for anyone operating a motor vehicle in Ontario. He was ticketed for four offences at the scene.  

 Investigation during the stop revealed a number of concerns, including that the vehicles were improperly plated (unattached plates).  As a result, the vehicles were towed from the roadway pursuant to HTA section 221(1), and released to his care the following day. 

 Following the roadside interaction, this investigation continued.  In consultation with POA Prosecutors and other police resources, Mr. Devlin has now been charged (via summons) under Part III of the POA, for the following offences:

 1.      Owner operate motor vehicle on a highway – no insurance Compulsory Automobile Insurance Act. Section 2(1)(a)

 2.      Owner permit operation of motor vehicle on a highway – no insurance Compulsory Automobile Insurance Act. Section 2(1)(b)

 3.      Pick up passenger for compensation without authority – The Highway Traffic Act Section 39.1(1)

 4.      Permit Pick up passenger for compensation without authority – The Highway Traffic Act Section 39.1(1)

 Despite the presence of additional charges, police discretion was exercised regarding other Highway Traffic Act safety issues and Liquor licence and Control Act violations.

 Police did provide Mr. Devlin with lawful options to pursue in the course of his business.

“As police, we do expect to be accountable to the public we serve.  Policing is unique amongst emergency services, being highly regulated with multiple oversight bodies.  We do many things well but like any human organization, we are never perfect.  We often find ourselves criticised for taking action, but also for not taking action.  “Damned if you do, and damned if you don’t” is an unfortunate reality for today’s police officer. 

Police are called to very challenging circumstances and must often make very difficult decisions in the moment, without the benefit of hindsight.  We are often unable to respond to public misinformation due to constraints of law, to ensure investigative integrity, and sometimes to protect victims and witnesses. 

The Sarnia Police Service does not exercise authority over the courts, the content of bylaws, safety regulations, traffic laws, or any provincial or federal legislation.  We police within the constraints of law, and the resources provided by the municipality. 

Any person charged with an offence has the opportunity to appropriately dispute their charges in court.  Social media and related forums, may not provide the facts necessary for members of the public to make informed decisions on what may or may not have occurred during a police interaction.  We do thank the many members of the public who patiently permit the necessary police investigations to conclude and gather facts in their determinations.

I thank all Sarnia Police members for the difficult work they do, and the countless positive and professional interactions they have serving our community each and every day” – Chief Derek Davis, Sarnia Police Service

Helpful links:

https://tc.canada.ca/en/regulations-open-door-three-wheeled-vehicles-enclosed-motorcycles

https://tc.canada.ca/en/road-transportation/importing-vehicle/importing-non-regulated-vehicles

https://tc.canada.ca/en/road-transportation/safety-standards-vehicles-tires-child-car-seats/safety-standards-vehicles/process-seeking-exemptions-canada-motor-vehicle-safety-standards

HTA Pilot Vehicles https://www.ontario.ca/laws/statute/90h08#BK381

Compulsory Automobile Insurance Act https://www.ontario.ca/laws/statute/90c25

City of Sarnia Taxi Bylaw https://sarnia.civicweb.net/filepro/documents/171923/?preview=179710