Section 199.1: Irreparable vehicles, etc.

Ontario

Highway Traffic Act

Part XIV: Records and Reporting of Accidents and Convictions

(1) In this section,

"irreparable" means, with respect to a vehicle, a vehicle that meets the prescribed criteria for classification as irreparable; ("irréparable")

"rebuilt" means, with respect to a vehicle, a vehicle that meets the prescribed criteria for classification as rebuilt; ("remis à neuf")

"salvage" means, with respect to a vehicle, a vehicle that meets the prescribed criteria for classification as salvage. ("récupérable") 2000, c. 15, s. 2.

Application

(2) Subsections (4) to (10), (12) to (18) and (22) to (25) apply with respect to vehicles for which there is a valid permit under this Act. 2000, c. 15, s. 2.

Exemptions

(3) This section does not apply to such persons as may be prescribed, with respect to such classes of vehicles as may be prescribed or in such circumstances as may be prescribed. 2000, c. 15, s. 2.

Duty to notify Registrar

(4) If an insurer determines that a vehicle is irreparable or is salvage, the insurer shall notify the Registrar that it is irreparable or is salvage, as the case may be, and shall do so within the prescribed period and shall give the Registrar the prescribed information in the prescribed manner. 2000, c. 15, s. 2.

Same, other persons

(5) If a person specified in the regulations determines that a vehicle is irreparable or is salvage, the person shall notify the Registrar that it is irreparable or is salvage, as the case may be, and shall do so within the prescribed period and shall give the Registrar the prescribed information in the prescribed manner. 2000, c. 15, s. 2.

Offence, failure to notify

(6) A person who fails to notify the Registrar in accordance with subsection (4) or (5), as the case may be, is guilty of an offence and on conviction is liable to a fine of not less than $400 and not more than $20,000. 2000, c. 15, s. 2.

Same, misclassification

(7) A person who notifies the Registrar that a vehicle is irreparable when it is salvage, or who notifies the Registrar that the vehicle is salvage when it is irreparable, is guilty of an offence and on conviction is liable to a fine of not less than $400 and not more than $20,000. 2000, c. 15, s. 2.

Duty to notify permit holder, etc.

(8) The person required to notify the Registrar under subsection (4) or (5) shall also notify the holder of the vehicle permit for the vehicle or the holder of the vehicle portion of the vehicle permit for the vehicle. The notice must be given in the prescribed manner and within the prescribed period. 2000, c. 15, s. 2.

Offence

(9) A person who fails to notify the holder of the vehicle permit or of the vehicle portion of the vehicle permit under subsection (8) is guilty of an offence and on conviction is liable to a fine of not less than $400 and not more than $20,000. 2000, c. 15, s. 2.

Registrar's duty to classify

(10) Upon receiving notice under subsection (4) or (5), the Registrar shall classify the vehicle in the vehicle permit records as irreparable or salvage if the Registrar is satisfied that the prescribed criteria for classifying it as such are met. 2000, c. 15, s. 2.

Same, classification from another jurisdiction

(11) If a vehicle has a classification equivalent to irreparable or salvage from a jurisdiction that is specified in the regulations, the Registrar may classify the vehicle in the vehicle permit records as irreparable or as salvage. 2000, c. 15, s. 2.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (11) is repealed and the following substituted: (See: 2015, c. 14, s. 54 (1))

Same, classification from another jurisdiction

(11) If a vehicle has a classification equivalent to irreparable or salvage from a jurisdiction that is specified in the regulations, the Registrar shall classify the vehicle in the vehicle permit records as irreparable or as salvage. 2015, c. 14, s. 54 (1).

Submissions re classification

(12) If the person who holds the vehicle permit or the vehicle portion of the vehicle permit for the vehicle disagrees with the decision or action of the Registrar under subsection (10) or (11), the person may make written submissions to the Registrar about the decision or action. 2000, c. 15, s. 2.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (12) is repealed and the following substituted: (See: 2015, c. 14, s. 54 (1))

Submissions re classification

(12) A person who held the vehicle portion of the permit for the vehicle at the time of the event that led to the vehicle's classification under subsection (10) and who continues to hold the vehicle portion of the permit may make written submissions about the action taken by the Registrar under subsection (10). 2015, c. 14, s. 54 (1).

Appointment of reviewer

(12.1) The Registrar may appoint a person as a reviewer to consider any submissions made under subsection (12). 2015, c. 14, s. 54 (1).

Same

(13) The submissions must be made within the prescribed period and they must indicate the reasons why the Registrar's decision or action should be changed. 2000, c. 15, s. 2.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (13) is repealed and the following substituted: (See: 2015, c. 14, s. 54 (1))

Requirements for submissions

(13) The submissions must be made within the prescribed period, must indicate the reasons why the Registrar's action should be changed and must be accompanied by the fee required by the reviewer. 2015, c. 14, s. 54 (1).

Written hearing

(14) The Registrar shall consider the submissions, but shall not hold an oral hearing into the matter, and the Registrar's decision or action under subsection (10) or (11) is not stayed by reason of the submissions being made. 2000, c. 15, s. 2.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (14) is repealed and the following substituted: (See: 2015, c. 14, s. 54 (1))

Written hearing

(14) The reviewer shall consider the submissions, but shall not hold an oral hearing into the matter, and the Registrar's action under subsection (10) is not stayed by reason of the submissions being made. 2015, c. 14, s. 54 (1).

Outcome

(15) After considering the submissions, the Registrar may confirm or change his or her decision or action under subsection (10) or (11) and shall notify the person who made the submissions. The Registrar's decision under this subsection is final. 2000, c. 15, s. 2; 2002, c. 18, Sched. P, s. 35.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (15) is repealed and the following substituted: (See: 2015, c. 14, s. 54 (1))

Outcome

(15) After considering the submissions, the reviewer may confirm the Registrar's action or direct the Registrar to change his or her action taken under subsection (10) and shall notify the person who made the submissions. The reviewer's decision under this subsection is final. 2015, c. 14, s. 54 (1).

Duty to return permit

(16) When the holder of the vehicle permit or of the vehicle portion of the vehicle permit learns or reasonably ought to have learned that the vehicle is irreparable or is salvage, the holder shall return the permit or portion of the permit to the Registrar within the prescribed period. 2000, c. 15, s. 2.

Offence

(17) A person who fails to return a vehicle permit or the vehicle portion of a vehicle permit to the Registrar in accordance with subsection (16) is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $20,000. 2000, c. 15, s. 2.

Replacement permit

(18) Upon receiving the vehicle permit or the vehicle portion of the vehicle permit under subsection (16), the Registrar may issue a replacement permit or a replacement portion of a permit for the applicable vehicle indicating that the vehicle is classified as irreparable or as salvage, as the case may be. 2000, c. 15, s. 2.

Prohibition re driving, etc.

(19) No person shall drive or draw on a highway a vehicle classified by the Registrar as irreparable or as salvage or that the regulations specify has an equivalent classification from a jurisdiction that is specified in the regulations, and no person shall permit such a vehicle to be driven or drawn on a highway. 2000, c. 15, s. 2; 2015, c. 27, Sched. 7, s. 26.

Exception

(20) Subsection (19) does not apply,

(a) when the vehicle is being towed for the purposes of repairs;

(b) when the vehicle is being driven or drawn for the purpose of receiving a safety standards certificate; or

(c) in such other circumstances as may be prescribed. 2000, c. 15, s. 2.

Offence

(21) A person who contravenes subsection (19) is guilty of an offence and on conviction is liable, on a first conviction, to a fine of not less than $100 and not more than $500, and on each subsequent conviction, to a fine of not less than $200 and not more than $1,000. 2000, c. 15, s. 2.

Rebuilt vehicles

(22) If a vehicle is classified in the vehicle permit records as salvage, the Registrar may reclassify it as rebuilt if the Registrar is satisfied that the prescribed criteria for classifying it as such are met. 2000, c. 15, s. 2.

Same

(23) A vehicle that is classified in the vehicle permit records as irreparable cannot subsequently be reclassified as rebuilt. 2000, c. 15, s. 2.

Replacement permit

(24) Subsections (16) and (18) apply, with necessary modifications, with respect to the vehicle permit or the vehicle portion of the vehicle permit for a vehicle that is reclassified as rebuilt. 2000, c. 15, s. 2.

Limitation

(25) No proceeding for an offence under subsection (6), (7) or (9) shall be instituted more than 24 months after the facts on which the proceeding is based are alleged to have occurred. 2000, c. 15, s. 2.

(26) Repealed: 2008, c. 17, s. 44.

Regulations

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

(a) prescribing or specifying such matters as this section requires or permits to be prescribed or specified by regulation;

(b) specifying, for the purposes of subsections (11) and (19), other jurisdictions and their vehicle classifications that are considered to be equivalent to irreparable or salvage for the purposes of those subsections;

(c) defining any word or expression used in this section that is not already expressly defined in this section;

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (27) is amended by adding the following clause: (See: 2015, c. 14, s. 54 (2))

(c.1) governing the fee that a reviewer can require under subsection (13);

(d) respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out the intent and purpose of this section. 2000, c. 15, s. 2.

Same

(28) A regulation may establish different requirements or standards for different classes of persons, vehicles, circumstances or other matters. 2000, c. 15, s. 2.

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