SHORT-TERM VEHICLE IMPOUNDMENT UNDER SECTIONS 48.4 AND 55.2 OF THE ACT

Highway Traffic Act

ONTARIO REGULATION 415/10

Short-Term Vehicle Impoundment under SectionS 48.4 and 55.2 of the Act

Consolidation Period: From January 1, 2021 to the e-Laws currency date.

Last amendment: 756/20.

Legislative History: 423/15, 756/20.

This is the English version of a bilingual regulation.

Exemption from s. 48.4 of the Act, rental vehicles

0.1 (1) A motor vehicle that has been impounded under section 48.4 of the Act and was subject to a rental agreement at the time of its impoundment is exempt from the requirement under clause 48.4 (1) (b) of the Act to be impounded for the full seven days mentioned under that clause if,

(a)  the motor vehicle is subject to a rental agreement that was for a term of 30 days or less; and

(b)  the holder of the plate portion of the permit for the motor vehicle is a person in the business of renting motor vehicles to the public. O. Reg. 756/20, s. 2.

(2) A police officer is not required by subsection (1) to determine whether to release the motor vehicle before the expiry of the period of impoundment under clause 48.4 (1) (b) of the Act. O. Reg. 756/20, s. 2.

Exemptions from s. 55.2 of the Act, ambulances, etc.

1. Ambulances, fire department vehicles and police department vehicles are exempt from section 55.2 of the Act.  O. Reg. 415/10, s. 1.

Exemptions from s. 55.2 of the Act, commercial motor vehicles

2. A commercial motor vehicle, as defined in section 3 of Ontario Regulation 419/15 (Definitions of Commercial Motor Vehicle and Tow Truck) made under the Act, is exempt from section 55.2 of the Act if the driver’s licence suspension took effect less than 100 days before the day on which the driving while under suspension takes place. O. Reg. 423/15, s. 1.

Exemption from s. 55.2 of the Act, rental vehicles

3. (1) A motor vehicle that has been impounded under section 55.2 of the Act and was subject to a rental agreement at the time of its impoundment is exempt from the requirement under clause 55.2 (1) (b) of the Act to be impounded for the full seven days mentioned under that clause if,

(a)  the motor vehicle is subject to a rental agreement that was for a term of 30 days or less;

(b)  the holder of the plate portion of the permit for the motor vehicle is a person in the business of renting motor vehicles to the public; and

(c)  the person driving the motor vehicle is not named in the rental agreement as an authorized or permitted driver. O. Reg. 756/20, s. 3.

(2) A police officer is not required by subsection (1) to determine whether to release the motor vehicle before the expiry of the period of impoundment under clause 55.2 (1) (b) of the Act. O. Reg. 756/20, s. 3.