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O. Reg. 381/02: TESTING, REPAIR AND COMPLIANCE REQUIREMENTS FOR UNSAFE VEHICLES UNDER SECTION 82 OF THE ACT

under Highway Traffic Act, R.S.O. 1990, c. H.8

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current July 1, 2003 (e-Laws currency date)

Highway Traffic Act
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ONTARIO REGULATION 381/02

TESTING, REPAIR AND COMPLIANCE REQUIREMENTS FOR UNSAFE VEHICLES UNDER SECTION 82 OF THE ACT

Consolidation Period: From July 1, 2003 to the e-Laws currency date.

No amendments.

This Regulation is made in English only.

Evidence of repair and compliance

1. (1) The following may be required as evidence, for the purpose of clause 82 (4) (b) or subsection 82 (5) of the Act, that a vehicle and its equipment have been repaired as required by subsection 82 (4) or (5) of the Act and comply with the requirements of the Act and the regulations:

1. Repair orders, work orders and parts invoices.

2. A safety standards certificate.

3. A certificate, in a form approved by the Minister, issued by a motor vehicle inspection station, as defined in section 88 of the Act, indicating that the part of the vehicle or of its equipment that was required to be repaired under subsection 82 (4) or (5) of the Act has been repaired and complies with the Act and the regulations.

4. Supporting documentation, including examination or test results and measurements. O. Reg. 381/02, s. 1 (1).

(2) The evidence of repair and compliance may be required in the form of original documents or photocopies. O. Reg. 381/02, s. 1 (2).

(3) The evidence of repair and compliance shall be submitted by a method specified in the notice served pursuant to subsection 82 (6) of the Act. O. Reg. 381/02, s. 1 (3).

(4) The notice may specify that the evidence be submitted to the person or office specified in the notice,

(a) personally;

(b) by registered mail;

(c) by courier; or

(d) by fax. O. Reg. 381/02, s. 1 (4).

(5) The evidence must be received by the person or office specified in the notice by the date specified in the notice. O. Reg. 381/02, s. 1 (5).

Exemption if vehicle plates and permit surrendered or “unfit” permit issued

2. (1) An owner of a vehicle or operator of a commercial motor vehicle, upon receiving a notice to have the vehicle examined and tested under subsection 82 (3) of the Act or repaired under subsection 82 (4) or (5) of the Act may, instead of having the vehicle or its equipment examined and tested or repaired, surrender the number plates and permit for the vehicle to the person or office specified in the notice or provide that person or office with proof that a vehicle permit marked “unfit” has been issued for the vehicle. O. Reg. 381/02, s. 2 (1).

(2) The requirements in subsections 82 (3), (4) and (5) of the Act that an owner or operator have a vehicle examined and tested or repaired and submitted for further examinations and tests and that the owner or operator submit evidence that the vehicle and its equipment comply with the Act and the regulations do not apply to a person who complies with the alternative requirements set out in subsection (1). O. Reg. 381/02, s. 2 (2).

(3) Subsections 1 (2), (3), (4) and (5) apply, with necessary modifications, to the proof required to be submitted under this section. O. Reg. 381/02, s. 2 (3).

Rules for service of notices

3. (1) A notice required under subsection 82 (6) of the Act shall be served on the owner of a vehicle either by serving the driver as provided in subsection 82 (7) of the Act or,

(a) at the most recent address or fax number for the owner in the Ministry’s records;

(b) at the address or fax number appearing on the certificate of registration for the vehicle or, where the certificate of registration consists of a vehicle portion and plate portion, at the address or fax number appearing on the plate portion; or

(c) at any address or fax number at which the police officer or officer appointed for the purpose of carrying out the provisions of the Act who serves the notice reasonably believes the order will come to the owner’s notice, including the address or fax number of any of the owner’s places of business. O. Reg. 381/02, s. 3 (1).

(2) A notice required under subsection 82 (6) of the Act shall be served on the operator of a commercial motor vehicle either by serving the driver as provided in subsection 82 (7) of the Act or,

(a) at the most recent address or fax number for the operator in the Ministry’s records;

(b) at the address or fax number appearing on the CVOR certificate, produced by the driver or other person in charge of the commercial motor vehicle;

(c) at the address or fax number appearing in the lease or contract described in subsection 16 (3) of the Act that is produced by the driver or other person in charge of the commercial motor vehicle;

(d) at the address or fax number appearing in the certificate of registration for the commercial motor vehicle or, where the certificate of registration consists of a vehicle portion and plate portion, at the address or fax number appearing on the plate portion; or

(e) at any address or fax number at which the police officer or officer appointed for the purpose of carrying out the provisions of the Act who serves the notice reasonably believes that the order will come to the operator’s notice, including the address or fax number of any of the operator’s places of business. O. Reg. 381/02, s. 3 (2).

(3) A notice may be served on the owner or operator of the vehicle,

(a) personally;

(b) by registered mail;

(c) by regular mail;

(d) by courier; or

(e) by fax. O. Reg. 381/02, s. 3 (3).

(4) A notice shall be deemed to have been served on an owner or operator of the vehicle,

(a) on the day it was personally served;

(b) on the fifth day after it was mailed;

(c) on the second day after it was given to the courier;

(d) on the day it was sent by fax, if sent before 5 p.m.;

(e) on the day after it was sent by fax if sent at or after 5 p.m. O. Reg. 381/02, s. 3 (4).

(5) If the day described in clause (4) (b), (c), (d) or (e) is a holiday, the notice shall be deemed to have been served on the next day that is not a holiday. O. Reg. 381/02, s. 3 (5).

4. Omitted (revokes other Regulations). O. Reg. 381/02, s. 4.

5. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 381/02, s. 5.