What is the current state of the law on the authority of the Ontario Road Traffic Guidelines?
MultiRegion, United States of America
The following excerpt is from United States v. Romero, 904 F.3d 238 (2nd Cir. 2018):
We disagree. It is well established that "the commentary is binding authority, unless it is inconsistent with the underlying guideline." United States v. Pedragh , 225 F.3d 240, 244 (2d Cir. 2000) (internal quotation marks omitted). We have long recognized that, "[n]o threshold test of ambiguity need be passed before the commentary can be consulted," and we will instead "construe the guideline and its commentary together and seek to harmonize them." Id. at 24445.
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