WELLAND, Ontario A trial judge has tossed out a ticket under the provinces speed limiter law, ruling speed limiters are unsafe and violate a commercial vehicle drivers right to personal safety.

However, since the ruling came in a lower court, it does not impact Ontarios speed limiter law.

The case comes as the U.S. National Highway Traffic Safety Administration continues work on a proposal to require speed limiters in over-the-road commercial vehicles in the U.S.

The Ontario case involved truck owner-operator Gene Michaud of St. Catharines, Ont. Michaud filed a challenge last year against the province over the law that requires heavy trucks -- 1995 and newer -- to have a working speed limiter set no higher than 105 kilometers per hour, or 65 mph.

The court ruled in his favor, with Judge Brett A. Kelly saying the speed limiter law violates the principles of fundamental justice because it does not make the roads safer as the province claimed but instead creates more danger.

Michaud testified the speed-limiter law violated his right to security as a person under Canadian law because his vehicle speed was capped below the flow of traffic in many jurisdictions. He recalled numerous situations in which he felt "bound and unsafe."

Other testimony included research indicating uniform speeds are safer than when vehicles travel at different speeds. According to the research, forced speed differential, therefore, creates increased danger of collisions.

The Ontario Trucking Association released a statement saying the ruling "does not change the enforcement of the Highway Traffic Act law whatsoever," saying it wasnt binding and didnt strike down the law.

"People challenge traffic tickets every day and sometimes they win," said association President David Bradley. "It means nothing; the law stands."

Theres a battle taking place in the trucking industry over the issue of speed limiters and the fight easily could spill over into the motorcoach industry.

Many of the trucking industrys largest operators, lead by the American Trucking Associations, is pressing the National Highway Traffic Safety Administration and other federal agencies to restrict the top speed for over-the-road commercial vehicles to 65 miles per hour.

Small truckers, led by the Owner-Operator Independent Drivers Association, oppose speed limiters. The independent truckers contend their bigger competitors favor speed limiter mandates because they will drive up costs for small-business truckers and hurt their ability to compete.

The ATA and proponents of speed limiters say they are motivated by safety and the fuel savings achieved by lower speeds.