felon/passport/cruise

[6rugrats]

Going to Alaska is not a problem. If they are on a cruise that starts/stops in Canada, it still is a problem, especially with a conviction <10 years ago. Laws have not changed from the date this thread was started. Nothing new to add.

[6rugrats]

I have a question. When you say they are "your" drivers does that mean they were extradited for offenses while driving professionally? I can't help but wonder if that makes a bit of a difference.

 

beachchick

Yes, this poster has a company that transports freight. They are professional drivers.

[mapsmith]

I have to call BS on this one. If this was seriously the case there would barely be an American that could ever travel to Canada. There is more to this story.

 

Ignorance is bliss, but don't post what you don't know.

 

For denial for a speeding ticket, it seems that it would have to be a FELONY speeding ticket. One resulting in an arrest and conviction. Like doing 80 in a 15mph School Zone.

[paul554]

For denial for a speeding ticket, it seems that it would have to be a FELONY speeding ticket. One resulting in an arrest and conviction. Like doing 80 in a 15mph School Zone.

 

 

I think there is some misconception here on the speeding ticket. What probably occurred was an American citizen recived a speeding ticket in Canada many years ago. Said person then didnt pay the ticket and just returned to the US. This caused the police agency to issue a local warrant for that persons arrest in Canada. Since warrants dont "expire" when this person returned many years ago a simple criminal check showed an outstanding warrant. If the warrant was issued in the local area where the ship stopped then the police were probably already in the area and had every right to enforce the warrant and keep the person from disembarking. That would be my guess at least.

[6rugrats]

Have you noticed the speeding ticket discussion is from over one year ago?

[near the beach]

Canada is very serious about DUI’s. They can prevent a person from being allowed into the country. They have something like a temporary permit they charge a fee for. Call Canadian Tourism Commission. They will be able to give the answers you want to know.

[househunter]

We had to cancel our Alaska cruise a few years ago because of this. My husband had a DUI over 20 years ago and would have been denied entry onto to the ship once they scanned his passport. We did not have time to apply for the waiver as we were booking last minute to surprise his parents.

 

We did talk to an attorney who specilizes in these issues and still have not turned in the required paperwork but this reminds me to get on it! It requires both a local police and FBI report showing that there have been no further incidents, a ton of paperwork and $250 fee in addtion to the $600 we already spent on the lawyer. You can also get a temporary card for just one trip but this also takes time and money.

 

You do not want to just ignore this unless you are prepared to be denied boarding and lose your cruise fare. We haven't finished his application because we didn't have any plans to go to Canada but living in Seattle we may want to so I am going to get started on this soon~ Good luck!

[CruisersfromOhio]

Friend is a US citizen and had Felony B for possession of controlled substance. He is just under the 5 year mark for release.

 

Can he book RT cruise from Seattle, even though the ship may stop in Victoria or Vancouver? He is ok with staying on the ship while in port.

 

I don't want to raise any red flags with the cruise line who may end up giving me incorrect information, but I also don't want him stuck at the cruise port on debarkation date.

 

I have to believe based on many posts he will be allowed to board, yet not leave ship while in a Canadian port. One of the reasons to book RT Seattle.

[1025cruise]

If he can't get off the ship at any port, he will be denied boarding. Period.

[CruisersfromOhio]

If he can't get off the ship at any port, he will be denied boarding. Period.

 

 

Can I ask your authoratative source on this?

[househunter]

That was what we were told as well. As soon as they scan his passport when boarding the ship, they will see his record and will be denied boarding. That is why we had to cancel our trip and my husbands DUI was over 20 years ago!

 

He should contact a lawyer who specialized in these issues as we did.

[CruisersfromOhio]

Holy ****ake mushrooms.

 

Guess I am going to have to break down and call the cruise line...

[1025cruise]

Look at all the people that don't bother getting Brazil visas because they won't be getting off the ship. They all get denied boarding. The cruise line can't police who can or can't get off the ship. It's simple for them. If a passenger does not meet the entry requirements for any port, they can't get on the ship.

[mitsugirly]

So I guess my question is...if it's been 20 years ago, why don't she just pay the small fee and get it expunged off her record and be done with it?? Then she'll never have to worry about it. :confused: It doesn't take that long and definitely not a year of waiting or thousands in lawyer fees. :eek:

[CruisersfromOhio]

Thanks for all the comments everyone.

 

You have convinced me he needs to start the process to apply for a Canadian Temporary Resident Permit if he wants to cruise.

 

Still a process, yet this puts the ownership on him to complete.

[greatam]

I have a question. When you say they are "your" drivers does that mean they were extradited for offenses while driving professionally? I can't help but wonder if that makes a bit of a difference.

 

beachchick

 

It certainly makes a difference in how much the fine is. I got nailed in my car speeding across the California desert between Desert Center and Indio (87 MPH according to the cop).

 

I have a Class A CDL (commercial driver's license). I actually went to Indio to court instead of just paying the ticket ($457.00). The judge kept asking about my CDL, if I used it anymore, if I needed it to work, etc. etc. He also asked about log books, which opened up a whole other can of worms. BECAUSE it is a part of CDL issuance that IF you get nailed over 15 MPH, you CAN loose your license for up to a year, you CAN be charged with a FELONY and you CAN also be charged with RECKLESS driving, which may make you ineligible for commercial insurance.

 

The speed limit in California for commercial vehicles is FIFTY FIVE. So you can follow the flow of traffic (70 mph for cars) and STILL be in pretty serious trouble for one mile per hour.

 

After fighting with the judge, I actually paid a fine of $254 including court costs. IF I would have also been slapped with the log book tickets (NOT being able to produce the last 30 days of log books), the fine was $1164.00 for both speeding and log book with the speeding fine alone being $564.00 (over double what it actually was in the car JUST because of my CDL).

 

Those amounts of money ($600 and up for log books IF it is not FTA which is another $500-600) make professional driver's prime picking in the state of California. The state of California is flat broke. They could care less about the couple hundred it takes for a Sheriff or CHP to pick up a commercial driver from the border of Nevada, Arizona or Oregon. They are very strictly starting to collect "their money" (and their outrageous fines for small infractions-over 500% MORE than most states) and making it VERY difficult for professional drivers to even address the inequities in the system. How can you go to court when you are 3000 miles away on the opposite coast on your court date??? It is either give up your job (or at least miss a week-10 days worth of work) or pay the astronomical fines California levies. AND you could end up with a FELONY just for a speeding ticket.

[smeyer418]

It certainly makes a difference in how much the fine is. I got nailed in my car speeding across the California desert between Desert Center and Indio (87 MPH according to the cop).

 

I have a Class A CDL (commercial driver's license). I actually went to Indio to court instead of just paying the ticket ($457.00). The judge kept asking about my CDL, if I used it anymore, if I needed it to work, etc. etc. He also asked about log books, which opened up a whole other can of worms. BECAUSE it is a part of CDL issuance that IF you get nailed over 15 MPH, you CAN loose your license for up to a year, you CAN be charged with a FELONY and you CAN also be charged with RECKLESS driving, which may make you ineligible for commercial insurance.

 

The speed limit in California for commercial vehicles is FIFTY FIVE. So you can follow the flow of traffic (70 mph for cars) and STILL be in pretty serious trouble for one mile per hour.

 

After fighting with the judge, I actually paid a fine of $254 including court costs. IF I would have also been slapped with the log book tickets (NOT being able to produce the last 30 days of log books), the fine was $1164.00 for both speeding and log book with the speeding fine alone being $564.00 (over double what it actually was in the car JUST because of my CDL).

 

Those amounts of money ($600 and up for log books IF it is not FTA which is another $500-600) make professional driver's prime picking in the state of California. The state of California is flat broke. They could care less about the couple hundred it takes for a Sheriff or CHP to pick up a commercial driver from the border of Nevada, Arizona or Oregon. They are very strictly starting to collect "their money" (and their outrageous fines for small infractions-over 500% MORE than most states) and making it VERY difficult for professional drivers to even address the inequities in the system. How can you go to court when you are 3000 miles away on the opposite coast on your court date??? It is either give up your job (or at least miss a week-10 days worth of work) or pay the astronomical fines California levies. AND you could end up with a FELONY just for a speeding ticket.

tickets are generally more expensive in NJ where the MINIMUM fine is about $300.00

other states are much less. even NY is less outside NY City for most things.....

 

Sid

[greatam]

tickets are generally more expensive in NJ where the MINIMUM fine is about $300.00

other states are much less. even NY is less outside NY City for most things.....

 

Sid

 

While speeding tickets may be less in other states, NJ's log book tickets are about the norm-$100-150. They have been working the scale out on I-80, Columbia for all it is worth.

[PrincessE]

Was going to post a response on the board, but decided against it for fear of being flamed. Sorry. I don't know how to cancel a post.

[BruceMuzz]

If he can't get off the ship at any port, he will be denied boarding. Period.

 

The ship I manage calls at a Western Canada port every week for 25 weeks of every year.

Every week Canadian authorities contact us before arrival, arranging to interview between 6 and 20 American cruisers we have onboard.

We occasionally get details, but usually are told only that these people have a criminal record and might not be allowed into Canada. After the interviews, we are given a list of the ones who will be allowed to disembark, and a list of those who we must not allow down the gangway.

On very rare occasions one or more of those interviewed go down the gangway in handcuffs.

 

We have never denied boarding to anyone because of this.

[kitty9]

Can I ask your authoratative source on this?

 

Section 19 of the Canadian Immigration Act states that any individual convicted of an offense outside of Canada, and that offense would also be one in Canada, cannot enter Canada. The offender can request a waiver, or rehabilitation, from Canada, but it can take more than 6 months to complete, and can require an interview by the Canadian Government. A waiver allows entry for 6 months, while a Rehabilitation gives a lifetime waiver.

 

If you need more proof, just google "section 19 of the Immigration Act of Canada". That's how I got the information.

[Zambini]

Professional advice is in order in this situation, find a lawyer familar with international travel.

[Bevv]

From Wikipedia

Criminal inadmissibility

 

A single criminal conviction, no matter how minor or how long ago, is grounds for exclusion from Canada.[2] With the exception of civil traffic violations such as speeding, and some municipal ordinance infractions (which are typically not handled through the legal system) such as parking violations or littering, persons with a conviction must either have received a pardon, applied for and been accepted for rehabilitation, met the requirement to be considered deemed rehabilitated, or if ineligible for rehabilitation or deemed rehabilitated status, apply for and receive a temporary resident permit (a special type of visa) to enter Canada.[7]