Section 82: Inspections, unsafe vehicles

Ontario

Highway Traffic Act

Part VI: Equipment

(1) In this section,

"commercial motor vehicle" has the same meaning as in subsection 16 (1); ("véhicule utilitaire")

"operator" means,

(a) the person directly or indirectly responsible for the operation of a commercial motor vehicle, including the conduct of the driver of, and the carriage of goods or passengers, if any, in, the commercial motor vehicle or combination of vehicles, and

(b) in the absence of evidence to the contrary, where no CVOR certificate or lease applicable to the commercial motor vehicle, is produced, the holder of the plate portion of the permit for the commercial motor vehicle. 1999, c. 12, Sched. R, s. 14; 2014, c. 9, Sched. 2, s. 28.

Examination of vehicle

(2) Every police officer and every officer appointed for the purpose of carrying out the provisions of this Act may require the driver of any vehicle, other than a bicycle that is not a power-assisted bicycle, to stop, move the vehicle to a safe location as directed by the officer and submit the vehicle, together with its equipment and any vehicle drawn by it, to the examinations and tests that the officer may consider expedient. 2017, c. 2, Sched. 17, s. 7.

Same

(3) Every police officer and every officer appointed for the purpose of carrying out the provisions of this Act may require the owner of a vehicle, other than a bicycle that is not a power-assisted bicycle, and the operator of a commercial motor vehicle to submit the vehicle, together with its equipment and, in the case of a commercial motor vehicle, any vehicle drawn by it, to the examinations and tests that the officer may consider expedient. 2017, c. 2, Sched. 17, s. 7.

Requirement to bring vehicle into compliance

(4) Where any vehicle examined or tested under subsection (2) or (3), or any of its equipment, is found not to be in compliance with the requirements of this Act or the regulations, the police officer or officer making the examinations or tests may require the owner or operator of the vehicle to have the vehicle or its equipment repaired and to,

(a) submit the vehicle for further examinations and tests to satisfy a police officer or officer appointed for the purpose of carrying out the provisions of this Act that the vehicle and its equipment comply with the requirements of this Act and the regulations; or

(b) submit evidence to the person or office specified by the police officer or officer that the vehicle and its equipment comply with the requirements of this Act and the regulations. 1999, c. 12, Sched. R, s. 14.

Same

(5) Where any vehicle examined or tested under clause (4) (a), or any of its equipment, is found still not to be in compliance with the requirements of this Act or the regulations, the police officer or officer making the examinations or tests may require the owner or operator of the vehicle to have the vehicle or its equipment repaired and to submit evidence to the person or office specified by the police officer or officer that the vehicle and its equipment comply with the requirements of this Act and the regulations. 1999, c. 12, Sched. R, s. 14.

Notice required

(6) A police officer or officer appointed for the purpose of carrying out the provisions of this Act shall serve written notice in an approved form of a requirement under subsection (3), (4) or (5). 1999, c. 12, Sched. R, s. 14.

Deemed service

(7) Service of a notice under subsection (6) to the driver of the vehicle shall be deemed to be service on the owner and operator, if any, of the vehicle. 1999, c. 12, Sched. R, s. 14.

Requirement to assist

(8) The driver of a vehicle submitted for examinations and tests as required under subsection (2), (3) or (4) and any other person in charge of the vehicle who is present shall, if directed by a police officer or officer appointed for the purposes of carrying out the provisions of this Act, assist with the examinations and tests of the vehicle and of its equipment. 1999, c. 12, Sched. R, s. 14.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 82 of the Act is amended by adding the following subsection: (See: 2019, c. 14, Sched. 16, s. 12)

Computer access

(8.1) An examination or test under this section may involve accessing information from the vehicle's computer system. 2019, c. 14, Sched. 16, s. 12.

Offence

(9) Every person is guilty of an offence and on conviction is liable to a fine of not more than $1,000 who,

(a) refuses or fails to comply with a requirement made under subsection (2), (3), (4), (5), (8) or (12); or

(b) contravenes an order or prohibition made under subsection (12). 1999, c. 12, Sched. R, s. 14.

Same, commercial motor vehicle

(10) Despite subsection (9), every person is guilty of an offence and on conviction is liable to a fine of not less than $400 and not more than $20,000 who, in respect of a commercial motor vehicle or a vehicle drawn by a commercial motor vehicle,

(a) refuses or fails to comply with a requirement made under subsection (2), (3), (4), (5), (8) or (12); or

(b) contravenes an order or prohibition made under subsection (12). 1999, c. 12, Sched. R, s. 14.

Defence if notice not received

(11) Despite subsections (9) and (10), a person is not guilty of an offence for refusing or failing to comply with a requirement under subsection (3), (4) or (5) unless the police officer or officer appointed for the purpose of carrying out the provisions of this Act gave the person a written notice as required by subsection (6). 1999, c. 12, Sched. R, s. 14.

Use of vehicle prohibited

(12) Where any vehicle examined or tested under subsection (2), (3) or (4), or any of its equipment, is found to have a prescribed defect or to be in a dangerous or unsafe condition, with or without a prescribed defect, the police officer or officer appointed for carrying out the provisions of this Act making the examinations or tests may,

(a) require the driver, owner or operator of the vehicle to have the prescribed defect repaired and the vehicle and its equipment placed in a safe condition;

(b) order the vehicle to be removed from the highway; and

(c) prohibit the operation of the vehicle on the highway until the prescribed defect has been repaired and the vehicle and its equipment are in a safe condition. 1999, c. 12, Sched. R, s. 14.

Seizure of plates, vehicle inspection sticker

(13) Where the operation of a vehicle has been prohibited under subsection (12), the police officer or officer may,

(a) seize the number plates of the vehicle; and

(b) remove the vehicle inspection sticker, or comparable device issued by another jurisdiction, from the vehicle. 1999, c. 12, Sched. R, s. 14.

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (b) is repealed and the following substituted: (See: 2015, c. 14, s. 25)

(b) remove the vehicle inspection sticker or stickers or other type of proof of inspection prescribed by the regulations, or comparable evidence issued by a reciprocating province or territory of Canada or any state of the United States designated by the regulations.

(14) Repealed: 2008, c. 17, s. 41.

Regulations

82. (15) The Lieutenant Governor in Council may make regulations,

(a) prescribing the forms and kinds of evidence that may be required under clause (4) (b) and subsection (5) and prescribing rules for submitting the evidence to the person or office specified;

(b) prescribing the methods and rules for service of notices required to be served under this section;

(c) prescribing types of defects for the purposes of subsection (12);

(d) classifying persons and vehicles, exempting any class of person or class of vehicle from any requirement or provision of this section or of any regulation made under this section and prescribing conditions for any such exemption and prescribing different requirements for different classes of persons or vehicles. 1999, c. 12, Sched. R, s. 14.

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© King's Printer for Ontario, 2012-2021. The text is not the official version of Ontario's Highway Traffic Act or associated regulations. For official text, refer to www.ontario.ca/laws.