Section 47.1: Notice, proposed action s. 47 or safety concern

Ontario

Highway Traffic Act

Part IV: Licenses

Notice of proposed action, s. 47

(1) Before taking any action under clause 47 (1) (a) or (c) or subsection 47 (2), the Registrar shall notify the person whose plate portion of a permit or CVOR certificate is to be affected of his or her proposed action. 1996, c. 33, s. 8.

Notice of safety record concerns

(1.1) The Registrar may also notify an operator at any time i47.1f the Registrar has reason to believe that the operator may not operate a commercial motor vehicle safely or in accordance with this Act, the regulations or other laws relating to highway safety. 2001, c. 9, Sched. O, s. 5 (1).

Method of giving notice

(2) Notice under subsection (1) or (1.1), or withdrawal of such a notice, is sufficiently given,

(a) if it is delivered personally;

(b) if it is delivered by registered mail addressed to the person at the latest address for the person appearing on the Ministry records; or

(c) if it is sent by telephone transmission of a facsimile or by some other electronic or other transmission medium permitted by the regulations to the person at the latest facsimile number or other medium address for the person provided by the person to the Ministry. 1996, c. 33, s. 8; 2001, c. 9, Sched. O, s. 5 (2).

(3) Repealed: 2015, c. 27, Sched. 7, s. 14 (1).

Restrictions on vehicle transfers

(4) If a notice under subsection (1) or (1.1) is issued to an operator, no person shall, without the consent of the Registrar, transfer or lease any commercial motor vehicle or trailer for which the operator's name is on the vehicle or plate portion of the permit or do anything that will result in a change of name on the vehicle or plate portion of the permit for any such vehicle or trailer. 2001, c. 9, Sched. O, s. 5 (3).

Duration of restrictions

(4.1) Subsection (4) is effective in respect of a notice under subsection (1) from the earlier of the date the notice is actually received by the operator and the date the notice is deemed by a regulation made under subsection (7) to have been received by the operator,

(a) in the case of a proposed suspension or fleet limitation, until the end of the suspension or fleet limitation;

(b) in the case of a proposed cancellation, forever. 2001, c. 9, Sched. O, s. 5 (3); 2015, c. 27, Sched. 7, s. 14 (2).

Same

(4.2) Despite subsection (4.1), subsection (4) ceases to apply in respect of a notice under subsection (1),

(a) if the Registrar withdraws the proposal to suspend or cancel the plate portion of the permit or the CVOR certificate or to impose a fleet limitation; or

(b) if the suspension, cancellation or limitation is set aside on appeal. 2001, c. 9, Sched. O, s. 5 (3).

Same

(5) Subsection (4) is effective in respect of a notice under subsection (1.1) from the earlier of the date the notice is actually received by the operator and the date the notice is deemed by subsection (3) to have been received by the operator,

(a) if a notice under subsection (1) is issued to the operator on or before the first anniversary of the date the notice under subsection (1.1) was issued, until the earlier of the date the notice under subsection (1) is actually received by the operator and the date the notice under subsection (1) is deemed by a regulation made under subsection (7) to have been received by the operator;

(b) if a notice under subsection (1) is not issued to the operator on or before the first anniversary of the date the notice under subsection (1.1) was issued, until the earlier of the date the Registrar withdraws the notice under subsection (1.1) or the first anniversary of the date the notice under subsection (1.1) was issued. 001, c. 9, Sched. O, s. 5 (3); 2015, c. 27, Sched. 7, s. 14 (3).

Registrar not to withhold consent without reason

(6) The Registrar shall not withhold consent under subsection (4) if the operator satisfies him or her that the transfer, lease or other action is not being made for the purpose of avoiding an action under clause 47 (1) (a) or (c) or subsection 47 (2). 2001, c. 9, Sched. O, s. 5 (3).

Regulations

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

(a) prescribing other electronic means of transmission for giving notice;

(b) governing the giving of notice by mail, fax or a means of transmission prescribed under clause (a), including prescribing rules governing when notice is deemed to have been received. 2015, c. 27, Sched. 7, s. 14 (4).

© 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.