Bill 122 2006

An Act to enhance safety on Ontario’s roads and to empower police officers to shut down street racing

Note: This Act amends the Highway Traffic Act.  For the legislative history of the Act, see Public Statutes – Detailed Legislative History on www.e-Laws.gov.on.ca.

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

   1.  Part X of the Highway Traffic Act is amended by adding the following section:

Measures against street racing

   172.1  (1)  If a police officer has reason to believe that a person is driving, or has driven, a motor vehicle on a highway in a race, the officer may,

  (a)  request that the person surrender his or her driver’s licence;

  (b)  order the motor vehicle that was being driven by the person to be impounded; or

   (c)  both request the surrender of the driver’s licence as provided in clause (a) and order the motor vehicle to be impounded as provided in clause (b).

Licence suspension

   (2)  A person who receives a request under clause (1) (a) or (c) shall forthwith surrender his or her driver’s licence to the police officer and, whether or not the person is unable or fails to surrender the licence to the police officer, the licence is suspended and invalid for any purpose for a period of 48 hours from the time the request is made, subject to subsection (3). 

Out-of-province licences

   (3)  If the driver’s licence is issued by another jurisdiction, it is not suspended, but the person’s privilege to drive a motor vehicle in Ontario is suspended for 48 hours and subsections (7) to (15) apply as if the suspension of the privilege were the suspension of a driver’s licence.

Vehicle impoundment

   (4)  Upon giving an order to impound a motor vehicle, as described in subsection (8), to the driver of the motor vehicle, 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; and

  (b)  be impounded for 48 hours.

Release of vehicle

   (5)  Subject to subsection (12), the motor vehicle shall be released to its owner from the impound facility upon the expiry of the period of impoundment.

Early release of vehicle

   (6)  Despite an order to impound being made under this section, a police officer may order that the motor vehicle be released to the owner before the expiry of the 48 hours if the officer is satisfied that the motor vehicle was stolen at the time that it was driven on a highway in a race.

Duty of officer re licence suspension

   (7)  Every officer who asks for the surrender of a licence under this section shall keep a written record of the licence received with the name and address of the person and the date and time of the suspension and, at the time of receiving the licence, shall provide the licensee with a written statement of the time from which the suspension takes effect, the length of the period during which the licence is suspended and the place where the licence may be recovered.

Duty of officer re impoundment

   (8)  Every officer who orders that a motor vehicle be impounded under this section shall keep a written record of the motor vehicle impounded with the name and address of the driver and the date and time of the impoundment and, at the time of the impoundment, shall provide the driver with a written order that includes a statement of the time from which the impoundment takes effect, the length of the period during which the motor vehicle is impounded and the place where the vehicle may be recovered.

No appeal or review

   (9)  There is no appeal or review from a licence suspension or impound order under this section.

Removal of vehicle

   (10)  If the motor vehicle of a person whose licence is suspended under this section is at a location from which, in the opinion of a police officer, it should be removed and there is no person available who may lawfully remove the vehicle, the officer may remove and store the vehicle or cause it to be removed and stored, in which case the officer shall notify the person whose licence is suspended of the location of the storage.

Lien for costs

   (11)  The costs incurred in moving and storing a vehicle under subsection (10) and the costs incurred by the person who operates the impound facility where a vehicle is impounded under this section are a lien on the vehicle that may be enforced under the Repair and Storage Liens Act.

Payment of costs

   (12)  The person who operates the impound facility where a motor vehicle is impounded under subsection (4) or stored under subsection (10) is not required to release the motor vehicle until the removal and impound costs for the vehicle have been paid. 

Other proceedings and penalties

   (13)  The suspension of a licence or an order to impound a motor vehicle under this section is intended to safeguard the driver and the public and to promote compliance with this Act and does not constitute an alternative to any proceeding or penalty arising from the same circumstances or around the same time.

Forms

   (14)  The Minister may require that forms approved by the Minister be used for any purpose of this section. 

Regulations

   (15)  The Lieutenant Governor in Council may make regulations,

  (a)  prescribing the criteria that a police officer shall take into consideration in order to be satisfied that a person has driven a motor vehicle on a highway in a race;

  (b)  requiring police officers to keep records with respect to licence suspensions and impound orders under this section for a specified period of time and to report specified information with respect to licence suspensions and impound orders to the Registrar and governing such records and reports;

   (c)  exempting any class of persons or class of vehicles from any provision of this section or of any regulation made under this section, prescribing conditions for any of the exemptions and prescribing different requirements for different classes of persons or vehicles.

   2.  Part X of the Act is amended by adding the following section:

Nitrous oxide fuel systems prohibited

   172.2  (1)  No person shall drive or permit to be driven on a highway a motor vehicle equipped with a nitrous oxide fuel system unless,

  (a)  the part of the nitrous oxide fuel system comprising the canister, bottle, tank or other store of nitrous oxide is completely disconnected from the other parts of the system;

  (b)  the disconnection can be observed by looking at the interior or exterior of the motor vehicle; and

   (c)  the disconnected parts cannot be reconnected from the driver or passenger seats.   

Sample inspection

   (2)  A police officer exercising his or her powers under section 82 may take or cause to be taken a sample of any substance from a motor vehicle to determine whether or not the motor vehicle contains nitrous oxide. 

Seizure and disposal of nitrous oxide

   (3)  A police officer exercising his or her powers under section 82 may,

  (a)  remove nitrous oxide, or the part of the nitrous oxide fuel system comprising  the canister, bottle, tank or other store of nitrous oxide, from a vehicle and dispose of them, or cause their removal and disposal, at the cost and risk of the driver and owner, who are jointly and severally liable; or

  (b)  order the driver or owner of the vehicle to remove nitrous oxide, or the part of the nitrous oxide fuel system comprising the canister, bottle, tank or other store of nitrous oxide, from a vehicle and dispose of them appropriately.

Deemed service

   (4)  Service of an order under clause (3) (b) to the driver of the vehicle shall be deemed to be service on the owner of the vehicle.

Offence

   (5)  Every person who contravenes or fails to comply with subsection (1) or an order of a police officer under clause (3) (b) is guilty of an offence and on conviction is liable to a fine of not less than $500 and not more than $2,000 or to imprisonment for a term of not more than six months, or to both.

Sample analysis

   (6)  The Minister may authorize any person or class of persons to analyze a sample of a substance taken under subsection (2) at the request of a police officer.

Evidence

   (7)  In any proceeding instituted under this Act, a certificate of analysis of a substance, in a form approved by the Minister, that is issued and signed by a person authorized under subsection (6) is proof, in the absence of evidence to the contrary, of the facts stated in it and of the authority of the person signing the certificate to make the analysis, without other proof of his or her authorization.

Forms

   (8)  The Minister may require that forms approved by the Minister be used for any purpose of this section.

Regulations

   (9)  The Lieutenant Governor in Council may make regulations exempting any class of persons or vehicles from any requirement or provision of this section, prescribing conditions for any of the exemptions and prescribing different requirements for different classes of persons or vehicles.

Commencement

   3.  This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

   4.  The short title of this Act is the Street Racing Act, 2006.

 

EXPLANATORY NOTE

The Bill amends the Highway Traffic Act by adding two new sections.

New section 172.1 authorizes a police officer to suspend the driver’s licence of a person for 48 hours or impound, for 48 hours, the vehicle that the person is driving, or both, if the police officer has reason to believe that the person has driven the vehicle on a highway in a race.

New section 172.2 prohibits driving a motor vehicle equipped with a nitrous oxide fuel system unless the part of the system where the nitrous oxide is stored is disconnected from the rest of the system and cannot be reconnected from the driver or passenger seats, and the disconnection is observable by looking at either the interior or exterior of the vehicle.