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Highway Traffic Act

ONTARIO REGULATION 631/98

LONG-TERM VEHICLE IMPOUNDMENT UNDER SECTION 55.1 OF THE ACT

Consolidation Period: From March 27, 2012 to the e-Laws currency date.

Last amendment: O. Reg. 44/12.

This is the English version of a bilingual regulation.

Interpretation

0.1 In this Regulation,

“Tribunal” means the Licence Appeal Tribunal. O. Reg. 456/10, s. 1.

Prescribed Period

1. For the purpose of subsection 55.1 (3) of the Act, the prescribed period is two years. O. Reg. 631/98, s. 1.

Release of Vehicle Before End of Impound Period

1.1 For the purposes of subsection 55.1 (14) of the Act (release of vehicle before end of impound period), the prescribed class of persons and prescribed class of motor vehicles are:

1. Persons who,

i. carry on the business of renting motor vehicles to the public, and

ii. are the holder of the plate portion of the permit for the impounded motor vehicle.

2. Motor vehicles that are the subject of a rental agreement,

i. for a term of 30 days or less,

ii. between a person described in paragraph 1 and a person other than the person whose driving of the motor vehicle as described in subsection 55.1 (1) of the Act is the reason for the impoundment of the vehicle, and

iii. that does not name as an authorized additional driver or additional permitted driver the person whose driving of the motor vehicle as described in subsection 55.1 (1) of the Act is the reason for the impoundment of the vehicle. O. Reg. 439/01, s. 1; O. Reg. 412/10, s. 2.

2.-4. Revoked: O. Reg. 412/10, s. 3.

Exemptions

5. Ambulances, fire department vehicles and police department vehicles are exempt from section 55.1 of the Act. O. Reg. 631/98, s. 5.

6. If a police officer or officer appointed for carrying out the provisions of the Act is of the opinion that a motor vehicle’s drawn vehicle or load cannot be safely or practically removed in a timely manner before the vehicle is removed to an impound facility under clause 55.1 (2) (a) of the Act, the operator and owner of the motor vehicle are exempt from the requirement under subsection 55.1 (10) of the Act to have the drawn vehicle or load removed forthwith. O. Reg. 631/98, s. 6; O. Reg. 412/10, s. 4.

7. If a police officer or officer appointed for carrying out the provisions of this Act considers a motor vehicle necessary to an investigation into the contravention of any Ontario or federal law or for another law enforcement purpose, and directs that the motor vehicle be removed to a place other than an impound facility for the investigation or other law enforcement purpose, the motor vehicle is exempt from clause 55.1 (2) (a) of the Act for the time it is needed by the police officer or officer, and any person driving, operating or removing the motor vehicle in accordance with such direction of a police officer or officer is exempt from subsection 55.1 (32) of the Act. O. Reg. 631/98, s. 7; O. Reg. 412/10, s. 5.

8. Revoked: O. Reg. 412/10, s. 6.

Appeals under Section 50.2 of the Act

9. An appeal to the Tribunal under section 50.2 of the Act with respect to the impoundment of a motor vehicle under section 55.1 of the Act shall be commenced by filing with the Tribunal a notice of appeal, together with the fee established by the Tribunal, within 15 days after the day the vehicle was detained under subsection 55.1 (1) of the Act. O. Reg. 456/10, s. 2 (2).

10. (1) In determining whether exceptional hardship will result from an impoundment under section 55.1 of the Act, the Tribunal shall consider whether no alternative to the impounded motor vehicle is available and, if no alternative is available, whether the impoundment will result in,

(a) a threat to the health or safety of any person ordinarily transported by the motor vehicle; or

(b) a threat to the public health and safety or to the environment or property of a community in whose service the motor vehicle is ordinarily used. O. Reg. 456/10, s. 3.

(2) In determining whether exceptional hardship will result from an impoundment under section 55.1 of the Act, the Tribunal shall not, subject to subsection (3), consider whether the impoundment will result in,

(a) inconvenience to any person;

(b) financial or economic loss to any person;

(c) loss of employment or employment opportunity to any person; or

(d) loss of education or training or of an educational or training opportunity to any person. O. Reg. 456/10, s. 3.

(3) The Tribunal may consider the criteria set out in clauses (2) (b), (c) and (d) if the owner demonstrates that,

(a) no alternative to the impounded motor vehicle is available;

(b) the loss will be immediate, significant and lasting;

(c) the impact of the loss will be upon a person ordinarily transported by the motor vehicle; and

(d) the impact of the loss,

(i) will be upon a person other than the person whose driving while his or her driver’s licence was under suspension resulted in the impoundment of the motor vehicle, and

(ii) will not be a result of a loss by the suspended driver of the type set out in clause (2) (b), (c) or (d). O. Reg. 456/10, s. 3.

(4) In order to show that no alternative to the impounded motor vehicle is available under subsection (1) or clause (3) (a), the owner must demonstrate that every reasonable option has been considered and inquired into that could eliminate or adequately mitigate any threat or loss to the person, including using another vehicle and making arrangements to do without any motor vehicle during the impound period. O. Reg. 456/10, s. 3 (1).

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