Bill 240 2009

An Act to amend the Highway Traffic Act to require school vehicles in Ontario to be equipped with ignition interlock devices

Note: This Act amends the Highway Traffic Act.  For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History at 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.  The Highway Traffic Act is amended by adding the following section:

Ignition interlock devices required in school vehicles

   68.2  (1)  No person shall drive, or permit the operation of, a school vehicle on a highway unless the school vehicle is equipped with a school vehicle ignition interlock device that is activated and functioning in accordance with the regulations.

Same

   (2)  Except as authorized by the regulations, no person shall,

  (a)  deactivate, or permit a person to deactivate, a school vehicle ignition interlock device; or

  (b)  modify, or permit a person to modify, a school vehicle ignition interlock device such that it ceases to function in accordance with the regulations.

Verifying compliance

   (3)  A police officer or officer appointed for carrying out the provisions of this Act may require that the driver or other person in charge of a school vehicle,

  (a)  provide the officer with access to any part of the school vehicle or the school vehicle ignition interlock device, including computer systems, in order to retrieve and read any information relevant to the activation and functioning of the school vehicle ignition interlock device; and

  (b)  surrender to the officer any device or equipment carried in the school vehicle that operates as part of the school vehicle ignition interlock device.

Offence

   (4)  Every person who contravenes or fails to comply with subsection (1), (2) or (3), or a regulation made under this section is guilty of an offence and on conviction is liable to a fine of not less than $250 and not more than $20,000.

Regulations

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

  (a)  defining "school vehicle" for the purposes of this section;

  (b)  prescribing standards for school vehicle ignition interlock devices;

   (c)  governing the activation and functioning of school vehicle ignition interlock devices;

  (d)  governing methods to verify compliance with this section and the regulations, including prescribing devices and software to be used to retrieve and read information in computer systems;

  (e)  requiring and governing the inspection and maintenance of school vehicle ignition interlock devices;

    (f)  governing records to be kept and submitted in relation to the inspection, maintenance, activation and functioning of school vehicle ignition interlock devices;

  (g)  governing records to be kept and carried by drivers in relation to the activation and functioning of school vehicle ignition interlock devices;

   (h)  exempting any person or class of persons or any vehicle or class of vehicles from any requirement or provision of this section or of a regulation made under this section and prescribing conditions and circumstances for any such exemption.

Commencement

   2.  This Act comes into force six months after the day it receives Royal Assent.

Short title

   3.  The short title of this Act is the Highway Traffic Amendment Act (Ignition Interlock Devices in School Vehicles), 2009.

EXPLANATORY NOTE

The Bill requires prescribed school vehicles to be equipped with an approved ignition interlock device.