O. Reg. 631/98: ORDERS TO IMPOUND OR RELEASE MOTOR VEHICLES UNDER SECTION 55.1 OF THE ACT, Highway Traffic Act, R.S.O. 1990, c. H.8

Highway Traffic Act
Code de la route

ONTARIO REGULATION 631/98

ORDERS TO IMPOUND OR RELEASE MOTOR VEHICLES UNDER SECTION 55.1 OF THE ACT

Note: On the day section 24 of the Road Safety Act, 2009 comes into force, the title is revoked and the following substituted:

LONG-TERM VEHICLE IMPOUNDMENT UNDER SECTION 55.1 OF THE ACT

See: O. Reg. 412/10, ss. 1, 7.

Historical version for the period January 1, 2011 to June 30, 2011.

Last amendment: O. Reg. 456/10.

This Regulation is made in English only.

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 (14.1) of the Act (release of vehicle before end of impound period), the prescribed class of persons and prescribed class of motor vehicles are:

Note: On the day section 24 of the Road Safety Act, 2009 comes into force, section 1.1 is amended by striking out “subsection 55.1 (14.1)” in the portion before paragraph 1 and substituting “subsection 55.1 (14)”. See: O. Reg. 412/10, ss. 2 (1), 7.

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 (2) of the Act is the reason for the impound order having been issued in respect of the vehicle, and

Note: On the day section 24 of the Road Safety Act, 2009 comes into force, subparagraph ii is revoked and the following substituted:

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

See: O. Reg. 412/10, ss. 2 (2), 7.

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 (2) of the Act is the reason for the impound order having been issued in respect of the vehicle. O. Reg. 439/01, s. 1.

Note: On the day section 24 of the Road Safety Act, 2009 comes into force, subparagraph iii is revoked and the following substituted:

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.

See: O. Reg. 412/10, ss. 2 (2), 7.

Rules for Service

2. (1) A copy of an order to release or impound a motor vehicle issued by the Registrar under subsection 55.1 (3) of the Act, or notice of it, shall be served on the owner and the operator of the motor vehicle, if there is an operator, as soon as possible after the order has been made. O. Reg. 631/98, s. 2 (1).

(2) The owner shall be served either by serving the driver as provided in subsection 55.1 (8) of the Act or as set out in subsection (3). O. Reg. 631/98, s. 2 (2).

(3) A copy of the order, or notice of it, may be served on the owner of the motor vehicle,

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

(c) at any address or fax number at which the Registrar reasonably believes the order will come to the owner’s notice, including the address or fax number,

(i) of any of the owner’s places of business, or

(ii) of the owner’s lawyer or agent. O. Reg. 631/98, s. 2 (3).

(4) A copy of the order, or notice of it, may be served on the owner of the motor vehicle,

(a) personally;

(b) by registered mail;

(c) by regular mail;

(d) by courier; or

(e) by fax. O. Reg. 631/98, s. 2 (4).

Note: On the day section 24 of the Road Safety Act, 2009 comes into force, section 2 is revoked. See: O. Reg. 412/10, ss. 3, 7.

3. (1) A copy of an order to release or impound a motor vehicle issued by the Registrar under subsection 55.1 (3) of the Act, or notice of it, may be served on the operator of the motor vehicle, if there is an operator, by serving the driver as provided in subsection 55.1 (8) of the Act or as set out in subsection (2). O. Reg. 631/98, s. 3 (1).

(2) A copy of the order may be served on the operator of the motor vehicle,

(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, and 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 Registrar reasonably believes that the order will come to the operator’s notice, including the address or fax number,

(i) of any of the operator’s places of business, or

(ii) of the operator’s lawyer or agent. O. Reg. 631/98, s. 3 (2).

Note: On the day section 24 of the Road Safety Act, 2009 comes into force, section 3 is revoked. See: O. Reg. 412/10, ss. 3, 7.

3.1 (1) A copy of an order to release an impounded motor vehicle prior to the end of the impound period issued by the Registrar under subsection 55.1 (14.1) of the Act, or notice of it, shall be served on the person who applied for the order at the most recent address or fax number of the person appearing on the records of the Ministry and as soon as possible after the order is made. O. Reg. 439/01, s. 1.

(2) A copy of the order, or notice of it, may be served on the applicant,

(a) personally;

(b) by registered mail;

(c) by regular mail;

(d) by courier; or

(e) by fax. O. Reg. 439/01, s. 1.

Note: On the day section 24 of the Road Safety Act, 2009 comes into force, section 3.1 is revoked. See: O. Reg. 412/10, ss. 3, 7.

4. (1) A copy of an order, or notice of it, shall be deemed to have been served on a person,

(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. 631/98, s. 4 (1).

(2) If the day described in clause (1) (b), (c), (d) or (e) is a holiday, the copy of the order, or notice of it, shall be deemed to have been served on the next day that is not a holiday. O. Reg. 631/98, s. 4 (2).

Note: On the day section 24 of the Road Safety Act, 2009 comes into force, section 4 is revoked. See: O. Reg. 412/10, ss. 3, 7.

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 (14) (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.

Note: On the day section 24 of the Road Safety Act, 2009 comes into force, section 6 is amended by striking out “clause 55.1 (14) (a)” and substituting “clause 55.1 (2) (a)”. See: O. Reg. 412/10, ss. 4, 7.

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 (14) (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 (25) of the Act. O. Reg. 631/98, s. 7.

Note: On the day section 24 of the Road Safety Act, 2009 comes into force, section 7 is amended by striking out “clause 55.1 (14) (a)” and substituting “clause 55.1 (2) (a)” and by striking out “subsection 55.1 (25)” and substituting “subsection 55.1 (32)”. See: O. Reg. 412/10, ss. 5, 7.

8. If the Registrar directs that a motor vehicle be moved from one impound facility to another during its period of impoundment, any person driving, operating or removing the motor vehicle in accordance with such direction is exempt from subsection 55.1 (25) of the Act. O. Reg. 631/98, s. 8.

Note: On the day section 24 of the Road Safety Act, 2009 comes into force, section 8 is revoked. See: O. Reg. 412/10, ss. 6, 7.

Appeals under Section 50.2 of the Act

9. An appeal to the Tribunal under section 50.2 of the Act shall be commenced by filing a notice of appeal with the Tribunal within 15 days of the issuance of the order to impound, together with the required fee payable to the Minister of Finance. O. Reg. 456/10, s. 2 (1).

Note: On the day section 22 of the Road Safety Act, 2009 comes into force, section 9 is revoked and the following substituted:

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).

See: O. Reg. 456/10, ss. 2 (2), 4 (2).

10. (1) In determining whether exceptional hardship will result from an order to impound 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,

Note: On the day section 24 of the Road Safety Act, 2009 comes into force, subsection (1) is amended by striking out “order to impound” and substituting “impoundment”. See: O. Reg. 456/10, ss. 3 (2), 4 (3).

(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 (1).

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

Note: On the day section 24 of the Road Safety Act, 2009 comes into force, subsection (2) is amended by striking out “order to impound” and substituting “impoundment”. See: O. Reg. 456/10, ss. 3 (2), 4 (3).

(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 (1).

(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 order to impound the motor vehicle, and

Note: On the day section 24 of the Road Safety Act, 2009 comes into force, subclause (i) is amended by striking out “order to impound” and substituting “impoundment of”. See: O. Reg. 456/10, ss. 3 (2), 4 (3).

(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 (1).

(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).