Section 82.1: Inspections, unsafe commercial motor vehicles

Ontario

Highway Traffic Act

Part VI: Equipment

(1) In this section,

"designated inspection station" means any location designated by the Registrar for the purpose of inspecting commercial motor vehicles; ("centre d'inspection désigné")

"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 a commercial motor vehicle is produced, the holder of the plate portion of the permit for the commercial motor vehicle; ("utilisateur")

"owner" means the person whose name appears on the certificate of registration for the vehicle, and, where the certificate of registration for the vehicle consists of a vehicle portion and plate portion, means the person whose name appears on the vehicle portion; ("propriétaire")

"permit" means the permit issued under subsection 7 (7). ("certificat d'immatriculation") 1997, c. 12, s. 10; 2002, c. 18, Sched. P, s. 23; 2009, c. 5, s. 33 (1); 2014, c. 9, Sched. 2, s. 29.

Commercial motor vehicles ordered to stop for inspection

(2) In exercising his or her powers under section 82, a police officer or officer appointed for carrying out the provisions of this Act may, at any time, require the driver of a commercial motor vehicle being driven on a highway to stop for inspection and the driver of the vehicle, when signalled or requested to stop by the officer, who is readily identifiable as such, shall immediately come to a safe stop. 1997, c. 12, s. 10.

Direction to move vehicle to another location

(3) A police officer or officer appointed for carrying out the provisions of this Act may, at any time before, during or after inspecting a commercial motor vehicle or trailer, direct the driver of the commercial motor vehicle to drive it and to draw the attached trailer, if any, to another location where the inspection will be carried out or continued or the vehicle's load will be removed, or any of them. 1997, c. 12, s. 10.

Inspection

(4) The police officer or officer appointed for carrying out the provisions of this Act may, at the location where the commercial motor vehicle was first stopped or at the location to which it was directed, inspect the commercial motor vehicle and its trailer for critical defects. 1997, c. 12, s. 10.

Driver, person in charge, to assist inspector

(5) The driver and any other person in charge of the commercial motor vehicle who is present shall assist the police officer or officer appointed for carrying out the provisions of this Act in his or her inspection of the commercial motor vehicle and its trailer. 1997, c. 12, s. 10.

If critical defect found

(6) If the police officer or officer appointed for carrying out the provisions of this Act inspects the commercial motor vehicle and its trailer at a designated inspection station and finds that the commercial motor vehicle or trailer has one or more critical defects, the vehicle shall be deemed to have been found to be in dangerous or unsafe condition under section 82, but instead of exercising the powers set out in section 82, the police officer or officer appointed for carrying out the provisions of this Act shall forthwith,

(a) seize the number plates of the vehicle that has the critical defect or defects and remove its vehicle inspection sticker or comparable device issued by another jurisdiction; and

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (a) is repealed and the following substituted: (See: 2015, c. 14, s. 26)

(a) seize the number plates of the vehicle that has the critical defect or defects and remove its 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; and

(b) detain the vehicle that has the critical defect or defects. 2009, c. 5, s. 33 (2).

Impoundment

(7) Once the load, if any, has been removed as may be required by subsection (15), (16), (17) or (18), the detained vehicle shall, at the cost and risk of the owner,

(a) be removed to an impound facility as directed by a police officer or officer appointed for carrying out the provisions of this Act; and

(b) be impounded from the time it was detained for the period described in subsection (8) or until ordered to be released by the Registrar under subsection (23) or (24) or under section 50.3. 2009, c. 5, s. 33 (2).

Impound period

(8) A vehicle detained under subsection (6) shall be impounded as follows:

1. For 15 days, if the vehicle has not previously been impounded under this section within a prescribed period.

2. For 30 days, if the vehicle has previously been impounded once under this section within a prescribed period.

3. For 60 days, if the vehicle has previously been impounded two or more times under this section within a prescribed period. 2009, c. 5, s. 33 (2).

Release of vehicle

(9) Subject to subsection (20), the vehicle shall be released to its owner from the impound facility upon the expiry of the period of the impoundment or upon being ordered to be released by the Registrar under subsection (23) or (24) or under section 50.3. 2009, c. 5, s. 33 (2).

Duty of officer re impoundment

(10) Every officer who detains a vehicle under this section shall, as soon as practicable,

(a) prepare a notice identifying the vehicle that is to be impounded, the name and address of the driver, the date and time of the impoundment, the period of time for which the vehicle is impounded and the place where the vehicle may be recovered;82.1

(b) serve the driver with a copy of the notice; and

(c) forward a copy of the notice to the Registrar. 2009, c. 5, s. 33 (2).

Service on driver is deemed service on owner and operator

(11) Service of a copy of a notice of the impoundment on the driver of the vehicle under clause (10) (b) is deemed to be service on and sufficient notice to the owner and operator of the vehicle. 2009, c. 5, s. 33 (2).

Permit suspended

(12) Upon being notified under clause (10) (c), the Registrar may issue an order to suspend the vehicle portion of the permit for the impounded vehicle by mailing it to the owner and operator of the commercial motor vehicle at the most recent address for them appearing in the records of the Ministry, and upon issuing such an order, the Registrar shall suspend the vehicle portion of the permit of the vehicle, and the suspension shall be effective when the order is issued. 2009, c. 5, s. 33 (2).

Notice by Registrar

(13) The Registrar may provide notice of the impoundment to the owner and operator of the vehicle by mailing it to them at the latest address for them appearing in the records of the Ministry. 2009, c. 5, s. 33 (2).

Surrender of documents, information re trip and goods carried

(14) If the commercial motor vehicle or trailer that is to be impounded contains goods, the police officer or officer appointed for carrying out the provisions of this Act may require the driver and any other person present who is in charge of the vehicle to surrender all documents in his or her possession or in the vehicle that relate to the operation of the vehicle or to the carriage of the goods and to furnish all information within that person's knowledge relating to the details of the current trip and the ownership of the goods. 2009, c. 5, s. 33 (2).

Operator to remove load

(15) Upon being served with notice of the impoundment through service on the driver under subsection (10), the operator of the vehicle shall forthwith remove the load from the commercial motor vehicle or trailer, or both, and from the inspection site. 2009, c. 5, s. 33 (2).

Application of Dangerous Goods Transportation Act

(16) If the goods are dangerous goods, within the meaning of the Dangerous Goods Transportation Act, the operator shall remove them in accordance with that Act. 1997, c. 12, s. 10.

Officer may remove load at operator's cost, risk

(17) If, in the opinion of a police officer or officer appointed for carrying out the provisions of this Act, the operator fails to remove the load as required by subsection (15) within a reasonable time after being served with notice of the impoundment, the officer may cause the load to be removed and stored or disposed of at the cost and risk of the operator. 2009, c. 5, s. 33 (3).

Same

(18) If the police officer or officer appointed for carrying out the provisions of this Act is of the opinion that the operator has not made appropriate arrangements for the removal of the load, having regard to the nature of the goods, including the fact that they are or appear to be dangerous goods, within the meaning of the Dangerous Goods Transportation Act, or are perishable, the officer may cause the load to be removed, stored or otherwise disposed of at the cost and risk of the operator. 1997, c. 12, s. 10.

(19) Repealed: 2009, c. 5, s. 33 (4).

Personal property in vehicle available to owner

(20) Any personal property that is left in the impounded commercial motor vehicle or trailer and that is not attached to or used in connection with its operation shall, upon request and proof of ownership, be made available, at reasonable times, to the owner of the property. 1997, c. 12, s. 10.

Court application for interim release of vehicle

(21) The owner of a vehicle impounded under this section may, on notice to the Registrar, apply to the Superior Court of Justice for an order directing the Registrar to release the vehicle and reinstate the vehicle portion of its permit. 1997, c. 12, s. 10; 2009, c. 5, s. 33 (5).

Registrar may request to be a party

(22) The Registrar may, on his or her request, be made a party to an application under subsection (21). 1997, c. 12, s. 10.

Court order to release vehicle, security required

(23) On an application being made under subsection (21), the court may make the order applied for,

(a) if the owner has also commenced an appeal under section 50.3; and

(b) on condition that the owner deposit with the court security in the prescribed form and in the amount determined by the court, which shall not be less than $5,000 or more than $10,000. 1997, c. 12, s. 10.

Vehicle released from impound facility

(24) If the court makes the order requested, the Registrar, on being served with a copy of the order by the owner of the vehicle, shall,

(a) order that the vehicle be released to its owner from the impound facility; and

(b) reinstate the vehicle portion of the permit. 1997, c. 12, s. 10.

Same

(25) If an order is made under subsection (24) but the Registrar later orders the vehicle returned to the impound facility under section 50.3, the Registrar shall, upon the expiry of the remainder of the period of impoundment,

(a) order that the vehicle be released to its owner from the impound facility; and

(b) reinstate the vehicle portion of the permit. 2009, c. 5, s. 33 (6).

Owner must pay removal, impound costs

(26) Despite being served with an order under subsection (24) or (25) by the owner of the vehicle, the person who operates the impound facility is not required to release the vehicle to the owner until the owner pays the removal and impound costs related to the Registrar's order to impound and suspend. 1997, c. 12, s. 10.

Vehicle cannot be operated until made safe

(27) Despite the release of the vehicle and the reinstatement of the vehicle portion of the permit, no person shall drive or operate the vehicle on a highway until it has been placed in a safe condition. 1997, c. 12, s. 10.

Lien on vehicle for removal, impound costs

(28) The costs incurred by the person who operates the impound facility in respect of an order to impound and suspend under this section are a lien on the vehicle, which may be enforced in the manner provided under Part III of the Repair and Storage Liens Act. 1997, c. 12, s. 10.

Debt due to Crown

(29) The costs incurred by a police force or the Crown in removing, storing or disposing of a load from a commercial motor vehicle or trailer under subsection (17) or (18) are a debt due to the police force or Crown, as the case may be, and may be recovered by the police force or Crown in any court of competent jurisdiction. 2009, c. 5, s. 33 (7).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 82.1 (29) of the Act is amended by striking out "police force" wherever it appears and substituting in each case "police service". (See: 2019, c. 1, Sched. 4, s. 24 (7))

Impound, removal service providers are independent contractors

(30) Persons who provide removal services or load removal services or who operate impound facilities, and their subcontractors, areindependent contractors and not agents of the Ministry for the purposes of this section; such persons shall not charge more for their services in connection with this section than is permitted by regulation. 1997, c. 12, s. 10.

Protection from personal liability

(31) No action or other proceeding for damages shall be instituted against the Registrar or any employee of the Ministry for any act done in good faith in the execution or intended execution of his or her duty under this section or for any alleged neglect or default in the execution in good faith of that duty. 1997, c. 12, s. 10.

Crown not relieved of liability

(32) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (31) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in that subsection to which it would otherwise be subject. 1997, c. 12, s. 10; 2019, c. 7, Sched. 17, s. 88 (5).

Offence

(33) Every person who fails to comply with subsection (2), (5) or (15), or with a requirement or direction of a police officer or officer appointed for carrying out the provisions of this Act under subsection (3) or (14), is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $20,000 and in addition the person's driver's licence may be suspended for a period of not more than six months. 1997, c. 12, s. 10.

Same

(34) Every person who drives or operates or removes a commercial motor vehicle or trailer that is impounded under this section and every person who causes or permits such a commercial motor vehicle or trailer to be driven, operated or removed is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $20,000. 2009, c. 5, s. 33 (8).

Same

(35) Every person who provides removal services or who operates an impound facility and who charges fees for services provided in connection with this section in excess of those permitted by regulation is guilty of an offence and on conviction is liable to a fine of not less than $100 and not more than $1,000. 1997, c. 12, s. 10.

Same

(36) Every person who obstructs or interferes with a police officer or officer appointed for carrying out the provisions of this Act in the performance of his or her duties under this section is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $20,000 or to imprisonment for a term of not more than six months, or to both. 1997, c. 12, s. 10.

Intent of impoundment and suspension

(36.1) The impoundment and suspension under this section are intended to promote compliance with the safety standards set out in and under this Act and to thereby safeguard the public and do not constitute an alternative to any proceeding or penalty arising from the same circumstances or around the same time. 2009, c. 5, s. 33 (9).

Regulations

(37) The Lieutenant Governor in Council may make regulations,

(a) prescribing what constitutes a critical defect;

(b) governing the training and certification of police officers and officers appointed for carrying out the provisions of this Act to carry out an inspection under this section;

(c) prescribing inspection procedures, inspection requirements and equipment and performance standards for carrying out inspections under this section;

(c.1) requiring police officers to keep records with respect to vehicle impoundments under this section for a specified period of time and to report specified information with respect to vehicle impoundments to the Registrar and governing such records and reports;

(d) prescribing the period for the purpose of subsection (8);

(e) prescribing a schedule of fees that may be charged by independent contractors for services in connection with this section;

(f) prescribing the form of security that may be deposited pursuant to an order made under subsection (23) and governing the forfeiture and return of the security;

(g) prescribing the manner in which orders may be issued and notification of them given under this section;

(h) prescribing methods for and rules of service for any notices or orders required to be served under this section;

(i) classifying commercial motor vehicles and trailers and exempting any class of commercial motor vehicle or trailer from any provision of this section or from any regulation made under this section and prescribing conditions for any such exemption. 1997, c. 12, s. 10; 2009, c. 5, s. 33 (10, 11).

(38) Repealed: 2008, c. 17, s. 42.

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