Comprehensive Road Safety Act, 1997
EXPLANATORY NOTE
The Bill amends the Highway Traffic Act.
Post-conviction driver's licence suspensions
In the current Act, a person's driver's licence is suspended upon being convicted of certain driving-related criminal offences as follows: for one year on the first conviction, two years on a second conviction and three years on an additional subsequent conviction. The Bill amends these suspensions to: one year on the first conviction, three years on a second conviction and indefinitely on an additional subsequent conviction. (Section 1 of the Bill)
A person whose driver's licence is suspended as described above will have to complete prescribed assessments and remedial programs and meet prescribed conditions before his or her licence will be reinstated on the expiry of the suspension. A person convicted for a second subsequent conviction (a third-time offender) may get an indefinite suspension reduced to 10 years, and his or her driver's licence reinstated after 10 years, by completing the prescribed assessments and remedial programs and by meeting prescribed conditions. (Section 2 of the Bill; new section 41.1 of the Act)
Driving while under suspension - motor vehicle to be impounded
The Act is amended to provide that the Registrar of Motor Vehicles may, without any hearing, immediately order that a motor vehicle that is being driven by a person whose driver's licence is under suspension for certain driving-related criminal offences be seized and impounded. The motor vehicle will be impounded as follows: for 45 days if the owner had never, in a prescribed period, owned a vehicle impounded under the same section; for 90 days for the second time in a prescribed period that a motor vehicle owned by the owner is impounded under the same section; for 180 days for the third or further time in a prescribed period that a motor vehicle owned by the owner is impounded under the same section. (Section 8 of the Bill; new section 55.1 of the Act)
The owner of the impounded motor vehicle may appeal the order to impound to the Licence Suspension Appeal Board. The only grounds for appealing the order are that the motor vehicle wasstolen when it was driven by the person whose licence was suspended, that the driver's driver's licence was not suspended, that the owner exercised due diligence in attempting to determine that the driver's driver's licence was not suspended or that the order will result in exceptional hardship. The last of these grounds is not available to an owner who has had a motor vehicle previously impounded under the same section. (Section 5 of the Bill; new section 50.2 of the Act)
Roadside inspections of commercial motor vehicles - vehicles to be impounded if critical defect found
The Act is amended to provide that if a "critical defect", which will be defined in regulations, is found in a commercial motor vehicle or trailer in the course of a roadside inspection, the Registrar of Motor Vehicles may, without any hearing, immediately order that the commercial motor vehicle or trailer be impounded and its vehicle permit suspended. The period of impoundment and suspension is as follows: 15 days for a vehicle that hasn't been previously, in a prescribed period, impounded under the same section; 30 days for a vehicle that has been impounded once, in a prescribed period, under the same section; 60 days for a vehicle that has been impounded more than once, in a prescribed period, under the same section. (Section 10 of the Bill; new section 82.1 of the Act)
The owner of the impounded commercial motor vehicle or trailer may appeal the order to impound and suspend to the Licence Suspension Appeal Board. The only grounds for appealing the order are that the vehicle was stolen when the critical defect was found or that it had no critical defect at the time of the inspection. (Section 6 of the Bill; new section 50.3 of the Act)
The owner of the impounded commercial motor vehicle or trailer may obtain an interim release of the vehicle from the Ontario Court (General Division), pending the final decision of the Licence Suspension Appeal Board, on posting security of $5,000 to $10,000 with the court. If the owner fails to return the vehicle to the impound facility when ordered to by the Registrar, the security is forfeited to the Crown. (Section 10 of the Bill; new section 82.1 of the Act)
Wheel safety
The Bill provides that the owner and operator of a commercial motor vehicle are guilty of an absolute liability offence if a wheel or part of a wheel becomes detached from the vehicle while it is on a highway. (Section 12 of the Bill; new section 84.1 of the Act)
Miscellaneous
Section 48.3 of the Act provides for an automatic 90 day driver's licence suspension for having a blood alcohol level over 80 or for failing or refusing to provide a breath or blood sample that is demanded under the Criminal Code. The Bill clarifies two points in this section: that the person whose driver's licence is to be suspended has no right to be heard before or after the suspension (except in an appeal); that one criterion for the suspension is that an analysis of the person's breath or blood shows that the person's blood alcohol level is over 80 (and not that the person's blood alcohol level is in fact over 80). One of the two grounds for appealing this suspension is mistaken identity. The Bill makes this ground clearer by stating that the person whose licence was suspended is not the same person to whom the demand for a breath or blood sample was made. (Sections 3 and 4 of the Bill)
The minimum penalties in section 53 of the Act for driving while one's driver's licence is suspended are doubled. If the suspension is for certain driving-related offences (under sections 41 and 42 of the Act), the penalties are further increased - $5,000 to $25,000 for a first offence and $10,000 to $50,000 for subsequent offences. (Section 7 of the Bill)
Under section 82 of the Act, a police officer may seize the number plates of a vehicle or trailer that is in a dangerous or unsafe condition. The Bill empowers the officer to also remove the safety inspection sticker or comparable device issued by another jurisdiction. (Section 9 of the Bill)
Section 84 of the Act makes it an offence for a person to drive a vehicle on a highway in such a dangerous or unsafe condition as to endanger any person. The Bill adds to this section that a commercial motor vehicle or trailer that has a critical defect, as defined in the regulations, is deemed to be in such a dangerous or unsafe condition as to endanger any person. (Section 11 of the Bill)
The penalties for failing to stop when a school bus is stopped and has its signal-lights flashing are doubled. (Section 13 of the Bill)
The current Act requires a person directly involved in an accident that results in personal injuries or a prescribed amount of property damage to report it the nearest police officer. This is amended so that the nearest police officer can direct the person to attend at another location for the purpose of reporting the accident. (Section 14 of the Bill)
The current Act requires a person whose vehicle was involved in an accident to give a police officer or witness, on request,his or her name and address, the name and address of the registered owner of the vehicle and the vehicle permit number. The Bill requires that the person also give his or her driver's licence number and jurisdiction of issuance, motor vehicle liability insurance policy insurer and policy number. (Section 15 of the Bill)
Bill 1381997
An Act to promote road safety by increasing periods
of suspension for Criminal Code convictions,
impounding vehicles of suspended drivers,
requiring treatment for impaired drivers, raising fines
for driving while suspended, impounding critically
defective commercial vehicles, creating an absolute
liability offence for wheel separations, raising
fines for passing stopped school buses, streamlining
accident reporting requirements and amending
other road safety programs
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. (1) Subsection 41 (1) of the Highway Traffic Act is repealed and the following substituted:
Suspension on conviction for certain offences
(1) Subject to subsections 41.1 (1), (2) and (3), the driver's licence of a person who is convicted of an offence,
(a) under section 220, 221 or 236 of the Criminal Code (Canada) committed by means of a motor vehicle or a street car within the meaning of this Act or a motorized snow vehicle within the meaning of the Motorized Snow Vehicles Act;
(b) under section 249, 252, 253 or 255 of the Criminal Code (Canada) committed while driving or having the care, charge or control of a motor vehicle or street car within the meaning of this Act or a motorized snow vehicle within the meaning of the Motorized Snow Vehicles Act;
(c) under subsection 254 (5) of the Criminal Code (Canada) committed in relation to the driving or having the care, charge or control of a motor vehicle or street car within the meaning of this Act or a motorized snow vehicle within the meaning of the Motorized Snow Vehicles Act;
(d) under a provision that is enacted by a state of the United States of America and that is designated by the regulations; or
(e) referred to in a predecessor to this subsection,
is thereupon suspended,
(f) upon the first conviction, for one year;
(g) upon the first subsequent conviction, for three years; and
(h) upon the second subsequent conviction or an additional subsequent conviction, indefinitely.
(2) Subsection 41 (3) of the Act is repealed and the following substituted:
Ten-year limitation
(3) Clauses (1) (g) and (h) do not apply when the subsequent conviction is more than 10 years after the previous conviction.
Exception
(3.01) Despite subsection (3), when the subsequent conviction is within 10 years after the previous conviction, all previous convictions that were not followed by a 10-year period without a conviction shall be taken into account for the purpose of clauses (1) (g) and (h).
Transition
(3.02) Despite subsections (3) and (3.01), a conviction that was more than five years before the date on which this subsection comes into force shall not be taken into account for the purpose of clauses (1) (g) and (h).
(3) The periods of suspension provided for in subsection 41 (1) of the Act, as it read immediately before its re-enactment by subsection 1 (1) of this Act, continue to apply with respect to convictions for offences committed before subsection 1 (1) of this Act comes into force.
(4) The five-year limitation provided for in subsection 41 (3) of the Act, as it read immediately before its re-enactment by subsection 1 (2) of this Act, continues to apply with respect to convictions for offences committed before subsection 1 (2) of this Act comes into force.
2. The Act is amended by adding the following section:
Reinstatement of suspended licence
41.1 (1) Where the Registrar is satisfied that a person whose driver's licence is suspended under clause 41 (1) (f) or (g) has completed the prescribed assessments and remedial programs that are applicable to the person, if any, and meets the prescribed requirements that are applicable to the person, if any, the Registrar shall reinstate the driver's licence upon the expiry of the suspension, subject to any other suspension under this Act.
Reduction of indefinite suspension and reinstatement of licence
(2) Where the Registrar is satisfied that a person whose driver's licence is suspended under clause 41 (1) (h) for a second subsequent conviction has completed the prescribed assessments and remedial programs that are applicable to the person, if any, and meets the prescribed requirements that are applicable to the person, if any, the Registrar shall reduce the period of the suspension to 10 years and shall reinstate the driver's licence upon the expiry of the reduced suspension, subject to any other suspension under this Act.
Further suspension
(3) If, upon the expiry of a suspension under subsection 41 (1), the person whose driver's licence is suspended has not satisfied the Registrar that he or she has completed the prescribed assessments and remedial programs that are applicable to the person, if any, and meets the prescribed requirements that are applicable to the person, if any, the Registrar shall suspend the person's driver's licence until such time as the Registrar is so satisfied.
Effective date of further suspension
(4) A suspension under subsection (3) takes effect from the time notice of the suspension is given, in accordance with section 52, to the person whose driver's licence is suspended.
Parties to judicial review
(5) The parties to any judicial review brought in respect of this section are the Registrar and the person whose driver's licence is suspended.
Documents privileged
(6) Documents filed with the Ministry for the purposes of this section are privileged for the information of the Ministry only and shall not be open for public inspection.
Protection from personal liability
(7) No action or other proceeding for damages shall be instituted against a person authorized or required by the regulations to conduct an assessment or program or submit a report for the purposes of this section, unless the person was negligent in the conduct of the assessment or program or in the preparation or submission of the report.
Same
(8) No action or other proceeding for damages shall be instituted against the Registrar or any employee of the Ministry for the suspension or reinstatement of a driver's licence in good faith in the execution or intended execution of a duty under this section.
Crown not relieved of liability
(9) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsections (7) and (8) do not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (7) or (8) to which it would otherwise be subject.
Regulations
(10) The Lieutenant Governor in Council may make regulations,
(a) governing the assessments and remedial programs required under this section and prescribing what constitutes their completion;
(b) prescribing fees for assessments and remedial programs;
(c) authorizing or requiring classes of persons to conduct assessments and programs and prepare and submit reports;
(d) respecting documents required to be filed with the Registrar to satisfy him or her with respect to the completion of assessments and remedial programs;
(e) prescribing the requirements to be met by a person in order to have his or her suspension reduced or his or her driver's licence reinstated under this section;
(f) prescribing conditions that the Minister may impose on a driver's licence reinstated under this section;
(g) prescribing the length of time that conditions imposed on a driver's licence reinstated under this section will apply, or a method for determining it;
(h) requiring a person whose licence is suspended under subsection 41 (1) or whose licence is reinstated under this section to attend an interview with an official of the Ministry and prescribing the circumstances where the interview will be required and the purposes of the interview;
(i) defining classes of persons, based on the nature of the offence or offences for which a driver's licence may be suspended under section 41 and on the number of convictions a person has for offences described in subsection 41 (1);
(j) providing that this section, or any part of it, applies to a class or classes of persons or exempting any class or classes of persons from this section or any part of it.
Same
(11) A regulation made under subsection (10) may provide differently for different classes of persons and in different parts of Ontario.
3. (1) Section 48.3 of the Act, as enacted by the Statutes of Ontario, 1996, chapter 20, section 8, is amended by adding the following subsection:
No right to be heard
(2.1) A person has no right to be heard before or after the notification by the officer, or before or after the Registrar suspends the licence, but this subsection does not affect the taking of any proceeding in court.
(2) Paragraph 1 of subsection 48.3 (3) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 20, section 8, is repealed and the following substituted:
1. The person is shown, by an analysis of breath or blood taken pursuant to a demand made under subsection 254 (3) of the Criminal Code (Canada) or pursuant to section 256 of the Criminal Code (Canada), to have a concentration of alcohol in his or her blood in excess of 80 milligrams in 100 millilitres of blood.
4. Clause 50.1 (2) (a) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 20, section 10, is repealed and the following substituted:
(a) that the person whose licence was suspended is not the same individual to whom a demand for a sample of breath or blood was made, or from whom a sample of breath or blood was taken, as the case may be, under or pursuant to the provisions of the Criminal Code (Canada) referred to in subsection 48.3 (3); or
. . . . .
5. The Act is amended by adding the following section:
Appeal of order to impound
50.2 (1) The owner of a motor vehicle that is subject to an order to impound under section 55.1 may, upon paying the prescribed fee, appeal the order to the Board.
Parties
(2) The owner and the Registrar are the parties to an appeal under this section.
Grounds for appeal
(3) The only grounds on which an owner may appeal under subsection (1) and the only grounds on which the Board may set aside the order to impound are,
(a) that the motor vehicle that is subject to the order was stolen at the time in respect of which the order was made;
(b) that the driver's licence of the driver of the motor vehicle at the time in respect of which the order was made was not then under suspension;
(c) that the owner of the motor vehicle exercised due diligence in attempting to determine that the driver's licence of the driver of the motor vehicle at the time in respect of which the order was made was not then under suspension; or
(d) that the order will result in exceptional hardship.
Exception
(4) Clause (3) (d) does not apply if an order to impound under section 55.1 was previously made with respect to any motor vehicle then owned by the same owner.
Powers of Board
(5) The Board may confirm or set aside the order to impound.
Notice of decision
(6) The Board shall give written notice of its decision to the owner and the Registrar.
Registrar's actions if order set aside
(7) If the Board sets aside the order, the Registrar, upon receipt of the notice,
(a) shall issue an order to release the vehicle;
(b) shall pay the owner the amount incurred by the owner, as a result of the order to impound, for removing and impounding the vehicle, not including any amount for economic losses; and
(c) shall pay the operator or the owner the amount incurred by the operator or owner, as a result of the order to impound, for removing the load or drawn vehicle from the motor vehicle, not including any amount for economic losses.
Decision final
(8) The decision of the Board under this section is final and binding.
Impoundment not stayed
(9) Despite the Statutory Powers Procedure Act, the filing of an appeal under this section does not suspend or terminate the order to impound under section 55.1.
Quorum
(10) One member of the Board is a quorum for the purposes of an appeal under this section.
Definitions
(11) In this section,
"operator" has the same meaning as in section 55.1; ("utilisateur")
"owner" means the person whose name appears on the certificate of registration for the vehicle, and, where the certificate of registration for the vehicle consists of a vehicle portion and plate portion, means the person whose name appears on the vehicle portion. ("propriétaire")
6. The Act is amended by adding the following section:
Appeal of order to impound and suspend
50.3 (1) The owner of a commercial motor vehicle or trailer that is subject to an order to impound and suspend under section 82.1 may, upon paying the prescribed fee, appeal the order to the Board.
Parties
(2) The owner and the Registrar are the parties to an appeal under this section.
Grounds for appeal
(3) The only grounds on which an owner may appeal under subsection (1) and the only grounds on which the Board may set aside the order to impound and suspend are,
(a) that the commercial motor vehicle or trailer that is subject to the order was stolen at the time the order was made; or
(b) that the commercial motor vehicle or trailer had no critical defects at the time of the inspection under section 82.1.
Effect of withdrawal of appeal
(4) If the owner withdraws the appeal after the Registrar has ordered the release of the vehicle pursuant to an order by the Ontario Court (General Division) under section 82.1, the Registrar shall order the owner of the commercial motor vehicle or trailer to return it, without any load, to an impound facility at a location and within the time specified in the Registrar's order, failing which the security deposited in the Ontario Court (General Division) under section 82.1 shall be forfeited to the Crown.
Powers of Board
(5) The Board may confirm or set aside the order to impound and suspend.
Notice of decision
(6) The Board shall give written notice of its decision to the owner and the Registrar.
Owner must return vehicle to impound facility if order confirmed
(7) If the Board confirms the order, the Registrar shall order the owner of the commercial motor vehicle or trailer, if the vehicle had been previously released from the impound facility, to return it, without any load, to an impound facility at a location and within the time specified in the Registrar's order and for the period set out in the original order to impound and suspend less the number of days the vehicle was impounded prior to its release under subsection 82.1 (24), failing which the security deposited in the Ontario Court (General Division) under section 82.1 shall be forfeited to the Crown.
Registrar's actions if order set aside
(8) If the Board sets aside the order, the Registrar, upon receipt of the notice,
(a) shall issue an order to release the vehicle;
(b) shall reinstate the vehicle portion of the permit that was suspended;
(c) shall pay the owner the amount incurred by the owner, as a result of the order to impound and suspend, for removing and impounding the vehicle, not including any amount for economic losses;
(d) shall pay the operator of the vehicle the amount incurred by the operator, as a result of the order to impound and suspend, for removing the load from the vehicle, not including any amount for economic losses.
Vehicle cannot be operated until made safe
(9) Despite the fact that an order to impound and suspend is set aside and the vehicle portion of the permit is reinstated, no person shall drive or operate on a highway the vehicle that was the subject of the order until it has been placed in a safe condition.
Decision final
(10) The decision of the Board under this section is final and binding.
Impoundment not stayed
(11) Despite the Statutory Powers Procedure Act, the filing of an appeal under this section does not suspend or terminate the order to impound and suspend under section 82.1.
Quorum
(12) One member of the Board is a quorum for the purposes of an appeal under this section.
Definitions
(13) In this section,
"commercial motor vehicle", "operator", "owner" and "permit" have the same meanings as in section 82.1. ("véhicule utilitaire", "utilisateur", "propriétaire" et "certificat d'immatriculation")
7. (1) Clauses 53 (1) (a) and (b) of the Act are repealed and the following substituted:
(a) for a first offence, to a fine of not less than $1,000 and not more than $5,000; and
(b) for each subsequent offence, to a fine of not less than $2,000 and not more than $5,000,
. . . . .
(2) Section 53 of the Act is amended by adding the following subsection:
Same
(1.1) Despite subsection (1), every person who drives a motor vehicle or street car on a highway while his or her driver's licence is suspended under section 41 or 42, even if it is under suspension at the same time for any other reason, is guilty of an offence and on conviction is liable,
(a) for a first offence, to a fine of not less than $5,000 and not more than $25,000; and
(b) for each subsequent offence, to a fine of not less than $10,000 and not more than $50,000,
or to imprisonment for a term of not more than six months, or to both.
8. The Act is amended by adding the following section:
Definitions
55.1 (1) In this section,
"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, and
(b) in the absence of evidence to the contrary, where no CVOR certificate, as defined in subsection 16 (1), or lease or contract applicable to a commercial motor vehicle, is produced, the holder of the plate portion of the permit for the commercial motor vehicle; ("utilisateur")
"owner" means the person whose name appears on the certificate of registration for the vehicle, and, where the certificate of registration for the vehicle consists of a vehicle portion and plate portion, means,
(a) in subsections (3), (5), (6), (8), (14), (16), (17) and (21), the person whose name appears on the vehicle portion, and
(b) in subsections (8), (10), (11), (12), (13) and (21), the person whose name appears on the plate portion. ("propriétaire")
Driving while under suspension, Registrar notified
(2) Where a police officer or officer appointed for carrying out the provisions of this Act is satisfied that a person was driving a motor vehicle on a highway while his or her driver's licence is under suspension under section 41 or 42, even if it is under suspension at the same time for any other reason, the officer shall,
(a) notify the Registrar of the fact or cause the Registrar to be notified; and
(b) detain the motor vehicle that was being driven by the person whose driver's licence is under suspension until the Registrar issues an order under subsection (3).
Order to impound or release
(3) Upon notification under subsection (2), the Registrar may, without a hearing, issue an order to release the motor vehicle or issue an order to impound the motor vehicle that was being driven by the driver whose driver's licence is under suspension, as follows:
1. For 45 days, if an order to impound under this section has not previously been made, within a prescribed period, with respect to any motor vehicle then owned by the owner of the vehicle currently being impounded.
2. For 90 days, if one order to impound under this section has previously been made, within a prescribed period, with respect to any motor vehicle then owned by the owner of the vehicle currently being impounded.
3. For 180 days, if more than one order to impound under this section has previously been made, within a prescribed period, with respect to any motor vehicle then owned by the owner of the vehicle currently being impounded.
Intent of order to impound
(4) The order to impound issued under this section is intended to promote compliance with this Act and to thereby safeguard the public and does not constitute an alternative to any proceeding or penalty arising from the same circumstances or around the same time.
Notification to police
(5) The Registrar shall notify a police officer or officer appointed for carrying out the provisions of this Act of an order made under subsection (3) and shall send notice of the order to the owner of the motor vehicle at the most recent address for the owner appearing in the records of the Ministry.
Release of vehicle
(6) Upon notification of the Registrar's order to release the motor vehicle, a police officer or officer appointed for carrying out the provisions of this Act shall forthwith release the motor vehicle to its owner.
Service of order to impound
(7) Upon notification of the Registrar's order to impound the motor vehicle, a police officer or officer appointed for carrying out the provisions of this Act shall serve the order or notice of it on the driver.
Service on driver is deemed service on owner and operator
(8) Service of the order, or notice of it, on the driver of the motor vehicle shall be deemed to be service on and sufficientnotice to the owner of the vehicle and the operator of the vehicle, if there is an operator.
Surrender of documents, information re trip and goods carried
(9) If the motor vehicle that is the subject of the order to impound contains goods, the police officer or officer appointed for carrying out the provisions of this Act may require the driver and any other person present who is in charge of the motor vehicle to surrender all documents in his or her possession or in the vehicle that relate to the operation of the vehicle or to the carriage of the goods and to furnish all information within that person's knowledge relating to the details of the current trip and the ownership of the goods.
Operator, owner to remove load
(10) Upon being served, or being deemed to have been served, with the order to impound or notice of it, the operator of the motor vehicle, or if there is no operator, the owner, shall forthwith remove any vehicle drawn by the motor vehicle and any load from the motor vehicle.
Application of Dangerous Goods Transportation Act
(11) If the goods are dangerous goods, within the meaning of the Dangerous Goods Transportation Act, the operator, or if there is no operator, the owner, shall remove them in accordance with that Act.
Officer may remove load, trailer at operator's cost, risk
(12) If, in the opinion of a police officer or officer appointed for carrying out the provisions of this Act, the operator or owner fails to remove a drawn vehicle or load as required by subsection (10) within a reasonable time after being served or being deemed to have been served with the order to impound, the officer may cause the drawn vehicle or load to be removed and stored or disposed of at the cost and risk of the operator, or if there is no operator, the owner.
Same
(13) If a police officer or officer appointed for carrying out the provisions of this Act is of the opinion that the operator or owner has not made appropriate arrangements for the removal of a drawn vehicle or load, having regard to the nature of the goods, including the fact that they are or appear to be dangerous goods, within the meaning of the Dangerous Goods Transportation Act, or are perishable, the officer may cause the drawn vehicle or load to be removed, stored or otherwise disposed of at the cost and risk of the operator, or if there is no operator, the owner.
Vehicle impounded
(14) Upon service or deemed service of the order to impound or notice of it being effected, or, if the motor vehicle that is subject to the order was drawing a vehicle or had a load, oncethe drawn vehicle and load have been removed, the motor vehicle shall, at the cost of and risk to the owner,
(a) be removed to an impound facility as directed by a police officer or officer appointed for carrying out the provisions of this Act; and
(b) be impounded for the period set out in the order to impound or until ordered to be released by the Registrar under section 50.2.
Personal property in vehicle available to owner
(15) Any personal property that is left in the impounded motor vehicle and that is not attached to or used in connection with its operation shall, upon request and proof of ownership, be made available, at reasonable times, to the owner of the property.
Vehicle released from impound facility
(16) Upon the expiry of the period of impoundment, the Registrar shall order that the motor vehicle be released to its owner from the impound facility.
Owner must pay removal, impound costs
(17) Despite being served with an order under subsection (16) by the owner of the motor vehicle, the person who operates the impound facility is not required to release the motor vehicle to the owner until the owner pays the removal and impound costs related to the Registrar's order to impound.
Lien on vehicle for removal, impound costs
(18) The costs incurred by the person who operates the impound facility in respect of an order to impound under this section are a lien on the motor vehicle, which may be enforced in the manner provided under Part III of the Repair and Storage Liens Act.
Debt due to Crown
(19) The costs incurred by the Crown in removing, storing or disposing of a drawn vehicle or load from a motor vehicle under subsection (12) or (13) are a debt due to the Crown and may be recovered by the Crown in any court of competent jurisdiction.
Impound, removal service providers are independent contractors
(20) Persons who provide removal services or load removal services or who operate impound facilities, and their subcontractors, are independent contractors and not agents of the Ministry for the purposes of this section; such persons shall not charge more for their services in connection with this section than is permitted by regulation.
Owner may recover losses from driver
(21) The owner of a motor vehicle that is subject to an order to impound under this section may bring an action against thedriver of the motor vehicle at the time the order was made to recover any costs or other losses incurred by the owner in connection with the order.
Protection from personal liability
(22) No action or other proceeding for damages shall be instituted against the Registrar or any employee of the Ministry for any act done in good faith in the execution or intended execution of his or her duty under this section or for any alleged neglect or default in the execution in good faith of that duty.
Crown not relieved of liability
(23) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (22) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in that subsection to which it would otherwise be subject.
Offence
(24) Every person who fails to comply with subsection (10) or with a requirement of a police officer or officer appointed for carrying out the provisions of this Act under subsection (9) is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $20,000.
Same
(25) Every person who drives or operates or removes a motor vehicle that is subject to an order to impound under this section and every person who causes or permits such a motor vehicle to be driven, operated or removed is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $20,000.
Same
(26) Every person who provides removal services or who operates an impound facility and who charges fees for services provided in connection with this section in excess of those permitted by regulation is guilty of an offence and on conviction is liable to a fine of not less than $100 and not more than $1,000.
Same
(27) Every person who obstructs or interferes with a police officer or officer appointed for carrying out the provisions of this Act in the performance of his or her duties under this section is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $20,000 or to imprisonment for a term of not more than six months, or to both.
Regulations
(28) The Lieutenant Governor in Council may make regulations,
(a) prescribing the period for the purpose of subsection (3);
(b) prescribing a schedule of fees that may be charged by independent contractors for services in connection with this section;
(c) prescribing the manner in which orders may be issued and notification of them given under this section;
(d) prescribing methods for and rules of service for any notices or orders required to be served under this section;
(e) classifying persons and motor vehicles and exempting any class of person or any class of motor vehicle from any provision of this section or any regulation made under this section and prescribing conditions for any such exemptions;
(f) prescribing fees for the administration of this section;
(g) prescribing the time within which an appeal may be brought under section 50.2 with respect to an order under this section, and governing any other time requirements in the appeal process;
(h) prescribing criteria to be considered, and criteria not to be considered, by the Board in determining in an appeal under section 50.2 whether exceptional hardship will result from an order to impound that is made under this section.
Forms
(29) The Minister may require that forms approved by the Minister be used for any purpose of this section.
9. Subsection 82 (5) of the Act is repealed and the following substituted:
Seizure of plates and inspection sticker
(5) Where the operation of a motor vehicle, motor assisted bicycle or trailer has been prohibited under subsection (2), the police officer or officer may remove the vehicle inspection sticker, or comparable device issued by another jurisdiction, from the vehicle, if it is a commercial motor vehicle or trailer, and may seize the number plates of the vehicle and hold them until the vehicle has been placed in a safe condition.
10. The Act is amended by adding the following section:
Definitions
82.1 (1) In this section,
"commercial motor vehicle" has the same meaning as in subsection 16 (1). ("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, and
(b) in the absence of evidence to the contrary, where no CVOR certificate, as defined in subsection 16 (1), or lease or contract applicable to a commercial motor vehicle, is produced, the holder of the plate portion of the permit for the commercial motor vehicle; ("utilisateur")
"owner" means the person whose name appears on the certificate of registration for the vehicle, and, where the certificate of registration for the vehicle consists of a vehicle portion and plate portion, means the person whose name appears on the vehicle portion; ("propriétaire")
"permit" means the permit issued under subsection 7 (7). ("certificat d'immatriculation")
Commercial motor vehicles ordered to stop for inspection
(2) In exercising his or her powers under section 82, a police officer or officer appointed for carrying out the provisions of this Act may, at any time, require the driver of a commercial motor vehicle being driven on a highway to stop for inspection and the driver of the vehicle, when signalled or requested to stop by the officer, who is readily identifiable as such, shall immediately come to a safe stop.
Direction to move vehicle to another location
(3) A police officer or officer appointed for carrying out the provisions of this Act may, at any time before, during or after inspecting a commercial motor vehicle or trailer, direct the driver of the commercial motor vehicle to drive it and to draw the attached trailer, if any, to another location where the inspection will be carried out or continued or the vehicle's load will be removed, or any of them.
Inspection
(4) The police officer or officer appointed for carrying out the provisions of this Act may, at the location where the commercial motor vehicle was first stopped or at the location towhich it was directed, inspect the commercial motor vehicle and its trailer for critical defects.
Driver, person in charge, to assist inspector
(5) The driver and any other person in charge of the commercial motor vehicle who is present shall assist the police officer or officer appointed for carrying out the provisions of this Act in his or her inspection of the commercial motor vehicle and its trailer.
If critical defect found
(6) If the police officer or officer appointed for carrying out the provisions of this Act finds that the commercial motor vehicle or trailer has one or more critical defect, the vehicle shall be deemed to have been found to be in dangerous or unsafe condition under section 82, but instead of exercising the powers set out in subsections 82 (2) and (5), he or she shall forthwith,
(a) notify the Registrar of the findings or cause the Registrar to be notified;
(b) seize the number plates of the vehicle that has the critical defect or defects and remove its vehicle inspection sticker or comparable device issued by another jurisdiction; and
(c) detain the vehicle that has the critical defect or defects until the Registrar issues an order under subsection (7).
Order to impound and suspend or to release
(7) Upon notification under subsection (6), the Registrar may, without a hearing, issue an order to release the vehicle or issue an order to impound the vehicle and suspend the vehicle portion of its permit as follows:
1. For 15 days, if the vehicle has not previously been impounded under this section within a prescribed period.
2. For 30 days, if the vehicle has been impounded once under this section within a prescribed period.
3. For 60 days, if the vehicle has been impounded two or more times under this section within a prescribed period.
Permit suspended
(8) Upon issuing an order to impound and suspend under subsection (7), the Registrar shall suspend the vehicle portion of the permit of the vehicle that is subject to the order, and the suspension shall be effective when the order is issued.
Intent of order to impound and suspend
(9) The order to impound and suspend issued under this section is intended to promote compliance with the safety standards set out in and under this Act and to thereby safeguard the public and does not constitute an alternative to any proceeding or penalty arising from the same circumstances or around the same time.
Registrar to notify officer
(10) The Registrar shall notify a police officer or officer appointed for carrying out the provisions of this Act of an order made under subsection (7) and shall send a copy of the order to the owner and operator of the commercial motor vehicle at the most recent address for them appearing in the records of the Ministry.
Release of vehicle
(11) Upon notification of the Registrar's order to release the vehicle, a police officer or officer appointed for carrying out the provisions of this Act shall forthwith release the vehicle to its owner, whereupon the provisions of section 82 apply.
Service of order to impound and suspend
(12) Upon notification of the Registrar's order to impound and suspend, a police officer or officer appointed for carrying out the provisions of this Act shall serve the order or notice of it on the driver of the vehicle.
Service on driver is deemed service on owner and operator
(13) Service of the order, or notice of it, on the driver of the commercial motor vehicle shall be deemed to be service on and sufficient notice to the operator and owner of the commercial motor vehicle and trailer.
Surrender of documents, information re trip and goods carried
(14) If the commercial motor vehicle or trailer that is the subject of the order to impound and suspend contains goods, the police officer or officer appointed for carrying out the provisions of this Act may require the driver and any other person present who is in charge of the vehicle to surrender all documents in his or her possession or in the vehicle that relate to the operation of the vehicle or to the carriage of the goods and to furnish all information within that person's knowledge relating to the details of the current trip and the ownership of the goods.
Operator to remove load
(15) Upon being served, or being deemed to have been served, with the order to impound and suspend, or notice of it, the operator of the vehicle shall forthwith remove the load from the commercial motor vehicle or trailer, or both, and from the inspection site.
Application of Dangerous Goods Transportation Act
(16) If the goods are dangerous goods, within the meaning of the Dangerous Goods Transportation Act, the operator shall remove them in accordance with that Act.
Officer may remove load at operator's cost, risk
(17) If, in the opinion of a police officer or officer appointed for carrying out the provisions of this Act, the operator fails to remove the load as required by subsection (15) within a reasonable time after being served or being deemed to have been served with the order to impound and suspend, or notice of it, the officer may cause the load to be removed and stored or disposed of at the cost and risk of the operator.
Same
(18) If the police officer or officer appointed for carrying out the provisions of this Act is of the opinion that the operator has not made appropriate arrangements for the removal of the load, having regard to the nature of the goods, including the fact that they are or appear to be dangerous goods, within the meaning of the Dangerous Goods Transportation Act, or are perishable, the officer may cause the load to be removed, stored or otherwise disposed of at the cost and risk of the operator.
Vehicle impounded
(19) Once the load has been removed, the commercial motor vehicle or trailer shall, at the cost and risk of the owner,
(a) be removed to an impound facility as directed by a police officer or officer appointed for carrying out the provisions of this Act; and
(b) be impounded for the period set out in the order to impound and suspend or until ordered to be released by the Registrar.
Personal property in vehicle available to owner
(20) Any personal property that is left in the impounded commercial motor vehicle or trailer and that is not attached to or used in connection with its operation shall, upon request and proof of ownership, be made available, at reasonable times, to the owner of the property.
Court application for interim release of vehicle
(21) The owner of a vehicle impounded under this section may, on notice to the Registrar, apply to the Ontario Court (General Division) for an order directing the Registrar to release the vehicle and reinstate the vehicle portion of its permit.
Registrar may request to be a party
(22) The Registrar may, on his or her request, be made a party to an application under subsection (21).
Court order to release vehicle, security required
(23) On an application being made under subsection (21), the court may make the order applied for,
(a) if the owner has also commenced an appeal under section 50.3; and
(b) on condition that the owner deposit with the court security in the prescribed form and in the amount determined by the court, which shall not be less than $5,000 or more than $10,000.
Vehicle released from impound facility
(24) If the court makes the order requested, the Registrar, on being served with a copy of the order by the owner of the vehicle, shall,
(a) order that the vehicle be released to its owner from the impound facility; and
(b) reinstate the vehicle portion of the permit.
Same
(25) If the vehicle remains impounded for the period set out in the order to impound and suspend and no order is made under subsection (24) or if an order is made under subsection (24) but the Registrar later orders the vehicle returned to the impound facility under section 50.3, the Registrar shall, upon the expiry of the period of impoundment or remainder of the period of impoundment,
(a) order that the vehicle be released to its owner from the impound facility; and
(b) reinstate the vehicle portion of the permit.
Owner must pay removal, impound costs
(26) Despite being served with an order under subsection (24) or (25) by the owner of the vehicle, the person who operates the impound facility is not required to release the vehicle to the owner until the owner pays the removal and impound costs related to the Registrar's order to impound and suspend.
Vehicle cannot be operated until made safe
(27) Despite the release of the vehicle and the reinstatement of the vehicle portion of the permit, no person shall drive or operate the vehicle on a highway until it has been placed in a safe condition.
Lien on vehicle for removal, impound costs
(28) The costs incurred by the person who operates the impound facility in respect of an order to impound and suspend under thissection are a lien on the vehicle, which may be enforced in the manner provided under Part III of the Repair and Storage Liens Act.
Debt due to Crown
(29) The costs incurred by the Crown in removing, storing or disposing of a load from a commercial motor vehicle or trailer under subsection (17) or (18) are a debt due to the Crown and may be recovered by the Crown in any court of competent jurisdiction.
Impound, removal service providers are independent contractors
(30) Persons who provide removal services or load removal services or who operate impound facilities, and their subcontractors, are independent contractors and not agents of the Ministry for the purposes of this section; such persons shall not charge more for their services in connection with this section than is permitted by regulation.
Protection from personal liability
(31) No action or other proceeding for damages shall be instituted against the Registrar or any employee of the Ministry for any act done in good faith in the execution or intended execution of his or her duty under this section or for any alleged neglect or default in the execution in good faith of that duty.
Crown not relieved of liability
(32) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (31) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in that subsection to which it would otherwise be subject.
Offence
(33) Every person who fails to comply with subsection (2), (5) or (15), or with a requirement or direction of a police officer or officer appointed for carrying out the provisions of this Act under subsection (3) or (14), is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $20,000 and in addition the person's driver's licence may be suspended for a period of not more than six months.
Same
(34) Every person who drives or operates or removes a commercial motor vehicle or trailer that is subject to an order to impound and suspend under this section and every person who causes or permits such a commercial motor vehicle or trailer to be driven, operated or removed is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $20,000.
Same
(35) Every person who provides removal services or who operates an impound facility and who charges fees for services provided in connection with this section in excess of those permitted by regulation is guilty of an offence and on conviction is liable to a fine of not less than $100 and not more than $1,000.
Same
(36) Every person who obstructs or interferes with a police officer or officer appointed for carrying out the provisions of this Act in the performance of his or her duties under this section is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $20,000 or to imprisonment for a term of not more than six months, or to both.
Regulations
(37) The Lieutenant Governor in Council may make regulations,
(a) prescribing what constitutes a critical defect;
(b) governing the training and certification of police officers and officers appointed for carrying out the provisions of this Act to carry out an inspection under this section;
(c) prescribing inspection procedures, inspection requirements and equipment and performance standards for carrying out inspections under this section;
(d) prescribing the period for the purpose of subsection (7);
(e) prescribing a schedule of fees that may be charged by independent contractors for services in connection with this section;
(f) prescribing the form of security that may be deposited pursuant to an order made under subsection (23) and governing the forfeiture and return of the security;
(g) prescribing the manner in which orders may be issued and notification of them given under this section;
(h) prescribing methods for and rules of service for any notices or orders required to be served under this section;
(i) classifying commercial motor vehicles and trailers and exempting any class of commercial motor vehicle or trailer from any provision of this section or from any regulation made under this section and prescribing conditions for any such exemption.
Forms
(38) The Minister may require that forms approved by the Minister be used for any purpose of this section.
11. Section 84 of the Act, as amended by the Statutes of Ontario, 1996, chapter 20, section 19, is further amended by adding the following subsection:
Vehicle with critical defect deemed unsafe
(1.1) If a commercial motor vehicle or trailer has one or more critical defect, as prescribed by regulation, it shall be deemed to be in such a dangerous or unsafe condition as to endanger any person.
12. The 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, and
(b) in the absence of evidence to the contrary, where no CVOR certificate, as defined in subsection 16 (1), or lease or contract applicable to a commercial motor vehicle, is produced, the holder of the plate portion of the permit for the commercial motor vehicle; ("utilisateur")
"permit" means a 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")
13. Subsection 175 (17) of the Act is repealed and the following substituted:
Penalty
(17) Every person who contravenes subsection (1) is guilty of an offence and on conviction is liable,
(a) for a first offence, to a fine of not less than $400 and not more than $2,000; and
(b) for each subsequent offence, to a fine of not less than $1,000 and not more than $4,000 or to imprisonment for a term of not more than six months, or to both.
14. Section 199 of the Act is amended by adding the following subsection:
Officer may direct person to report accident at another location
(1.1) If, on reporting the accident to the nearest provincial or municipal police officer under subsection (1), the person is directed by the officer to report the accident at a specified location, the person shall not furnish the officer described in subsection (1) with the information concerning the accident but shall forthwith attend at the specified location and report the accident there to a provincial or municipal police officer and furnish him or her with the information concerning the accident as may be required by the officer under subsection (3).
15. Clause 200 (1) (c) of the Act is repealed and the following substituted:
(c) upon request, give in writing to anyone sustaining loss or injury or to any police officer or to any witness his or her name, address, driver's licence number and jurisdiction of issuance, motor vehicle liability insurance policy insurer and policy number, name and address of the registered owner of the vehicle and the vehicle permit number.
Commencement
16. (1) Except as provided in subsection (2), this Act comes into force on the day it receives Royal Assent.
Same
(2) Sections 1 to 11, inclusive, and sections 13, 14 and 15 come into force on a day to be named by proclamation of the Lieutenant Governor.
Short title
17. The short title of this Act is the Comprehensive Road Safety Act, 1997.