Wheel Safety Act, 1997
EXPLANATORY NOTE
The Bill provides that the owner and operator of a commercial motor vehicle are guilty of an offence if a wheel or part of a wheel becomes detached from the vehicle while it is on a highway.
Bill 1251997
An Act to improve road safety by making
wheel detachments an offence
by amending the Highway Traffic Act
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. The Highway Traffic Act is amended by adding the following section:
Offence if wheel detaches from commercial motor vehicle
84.1 (1) Where a wheel becomes detached from a commercial motor vehicle, or from a vehicle being drawn by a commercial motor vehicle, while the commercial motor vehicle is on a highway, the operator of the commercial motor vehicle and the owner of the vehicle from which the wheel became detached are guilty of an offence.
Exception
(2) Subsection (1) does not apply if the wheel is detached for the purpose of carrying out a repair.
Penalty
(3) Upon conviction of an offence under subsection (1), the person is liable to a fine of not less than $2,000 and not more than $50,000.
No imprisonment or probation
(4) A person convicted of an offence under subsection (1) is not liable to imprisonment or to a probation order under subsection 72 (1) of the Provincial Offences Act as a result of the conviction or as a result of default in payment of the fine resulting from the conviction.
Absolute liability offence
(5) It is not a defence to a charge under subsection (1) that the person exercised due diligence to avoid or prevent the detaching of the wheel.
Deemed owner
(6) For the purpose of this section, the holder of the permit or of the plate portion of the permit shall be deemed to be the owner of the vehicle, if the number plate displayed on the vehicle at the time the offence was committed corresponds to the permit, unless the permit holder proves that the number plate was displayed on the vehicle without the permit holder's consent.
Definitions
(7) In this section,
"commercial motor vehicle" does not include a commercial motor vehicle, other than a bus, having a gross vehicle weight, as defined in subsection 114 (1), or manufacturer's gross vehicle weight rating, or gross vehicle weight for the purpose of determining the permit fee under subsection 121 (1) of 4,500 kilograms or less; ("véhicule utilitaire")
"operator" means,
(a) the person directly or indirectly responsible for the operation of a commercial motor vehicle, including the conduct of the driver of, and the carriage of goods or passengers, if any, in, the commercial motor vehicle or combination of vehicles,
(b) in the absence of evidence to the contrary, where there is no CVOR certificate, as defined in subsection 16 (1), or lease or contract applicable to a commercial motor vehicle, the holder of the plate portion of the permit for the commercial motor vehicle; ("utilisateur")
"permit" means a vehicle permit issued under subsection 7 (7) or a vehicle permit issued by another province or state; ("certificat d'immatriculation")
"wheel" includes a major component of a wheel, such as a wheel rim or wheel assembly, and a large piece of a wheel or of a major component of a wheel, but does not include a tire or large piece of a tire. ("roue")
Commencement
2. This Act comes into force on the day it receives Royal Assent.
Short title
3. The short title of this Act is the Wheel Safety Act, 1997.