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Effect of withdrawal of appeal (4) If the owner withdraws the appeal after the Registrar has ordered the release of the vehicle pursuant to an order by the Ontario Court (General Division) under section 82.1, the Registrar shall order the owner of the commercial motor vehicle or trailer to return it, without any load, to an impound facility at a location and within the time specified in the Registrar’s order, failing which the security deposited in the Ontario Court (General Division) under section 82.1 shall be forfeited to the Crown. 1997, c. 12, s. 6. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (4) is amended by the Statutes of Ontario, 1999, chapter 12, Schedule R, subsection 10 (1) by striking out “Ontario Court (General Division)” wherever it occurs and substituting in each case “Superior Court of Justice”. See: 1999, c. 12, Sched. R, ss. 10 (1), 21. Note: On a day to be named by proclamation of the Lieutenant Governor, the Statutes of Ontario, 1999, chapter 12, Schedule R, subsection 10 (1) is repealed by the Statutes of Ontario, 2009, chapter 5, subsection 57 (2). See: 2009, c. 5, ss. 57 (2), 59 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (4) is repealed by the Statutes of Ontario, 2009, chapter 5, section 23 and the following substituted: Effect of withdrawal of appeal (4) If the owner withdraws the appeal after the Registrar has ordered the release of the vehicle pursuant to an order by the Superior Court of Justice under section 82.1, the Registrar shall order the owner of the commercial motor vehicle or trailer to return it, without any load, to an impound facility at a location and within the time specified in the Registrar’s order, failing which the security deposited in the Superior Court of Justice under section 82.1 shall be forfeited to the Crown. 2009, c. 5, s. 23. See: 2009, c. 5, ss. 23, 59 (2). Powers of Tribunal (5) The Tribunal may confirm or set aside the order to impound and suspend. 1997, c. 12, s. 6; 1999, c. 12, Sched. G, s. 24 (14). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (5) is repealed by the Statutes of Ontario, 2009, chapter 5, section 23 and the following substituted: Powers of Tribunal (5) The Tribunal may confirm the impoundment or order the Registrar to release the vehicle. 2009, c. 5, s. 23. See: 2009, c. 5, ss. 23, 59 (2). Notice of decision (6) The Tribunal shall give written notice of its decision to the owner and the Registrar. 1997, c. 12, s. 6; 1999, c. 12, Sched. G, s. 24 (14). Owner must return vehicle to impound facility if order confirmed (7) If the Tribunal confirms the order, the Registrar shall order the owner of the commercial motor vehicle or trailer, if the vehicle had been previously released from the impound facility, to return it, without any load, to an impound facility at a location and within the time specified in the Registrar’s order and for the period set out in the original order to impound and suspend less the number of days the vehicle was impounded prior to its release under subsection 82.1 (24), failing which the security deposited in the Ontario Court (General Division) under section 82.1 shall be forfeited to the Crown. 1997, c. 12, s. 6; 1999, c. 12, Sched. G, s. 24 (14). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (7) is amended by the Statutes of Ontario, 1999, chapter 12, Schedule R, subsection 10 (2) by striking out “Ontario Court (General Division)” and substituting “Superior Court of Justice”. See: 1999, c. 12, Sched. R, ss. 10 (2), 21. Note: On a day to be named by proclamation of the Lieutenant Governor, the Statutes of Ontario, 1999, chapter 12, Schedule R, subsection 10 (2) is repealed by the Statutes of Ontario, 2009, chapter 5, subsection 57 (2). See: 2009, c. 5, ss. 57 (2), 59 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (7) is repealed by the Statutes of Ontario, 2009, chapter 5, section 23 and the following substituted: Owner must return vehicle to impound facility if order confirmed (7) If the Tribunal confirms the impoundment, the Registrar shall order the owner of the commercial motor vehicle or trailer, if the vehicle had been previously released from the impound facility, to return it, without any load, to an impound facility at a location and within the time specified in the Registrar’s order and for the period set out in subsection 82.1 (8) less the number of days the vehicle was impounded prior to its release under subsection 82.1 (24), failing which the security deposited in the Superior Court of Justice under section 82.1 shall be forfeited to the Crown. 2009, c. 5, s. 23. See: 2009, c. 5, ss. 23, 59 (2). Registrar’s actions if order set aside (8) If the Tribunal sets aside the order, the Registrar, upon receipt of the notice, (a) shall issue an order to release the vehicle; (b) shall reinstate the vehicle portion of the permit that was suspended; (c) shall pay the owner the amount incurred by the owner, as a result of the order to impound and suspend, for removing and impounding the vehicle, not including any amount for economic losses; (d) shall pay the operator of the vehicle the amount incurred by the operator, as a result of the order to impound and suspend, for removing the load from the vehicle, not including any amount for economic losses. 1997, c. 12, s. 6; 1999, c. 12, Sched. G, s. 24 (14). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (8) is repealed by the Statutes of Ontario, 2009, chapter 5, section 23 and the following substituted: Registrar’s actions if ordered to release vehicle (8) If the Tribunal orders the Registrar to release the vehicle, the Registrar shall, upon receipt of the notice, (a) issue an order to release the vehicle; (b) reinstate the vehicle portion of the permit that was suspended under subsection 82.1 (12); (c) pay on behalf of the owner the amount incurred by the owner, as a result of the impoundment, for removing and impounding the vehicle, not including any amount for economic losses; and (d) pay the operator of the vehicle the amount incurred by the operator, as a result of the impoundment, for removing the load from the vehicle, not including any amount for economic losses. 2009, c. 5, s. 23. See: 2009, c. 5, ss. 23, 59 (2). Vehicle cannot be operated until made safe (9) Despite the fact that an order to impound and suspend is set aside and the vehicle portion of the permit is reinstated, no person shall drive or operate on a highway the vehicle that was the subject of the order until it has been placed in a safe condition. 1997, c. 12, s. 6. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (9) is amended by the Statutes of Ontario, 1999, chapter 12, Schedule R, subsection 10 (3) by striking out “until it has been placed in a safe condition” and substituting “until all defects prescribed under section 82 have been repaired and the vehicle is in a safe condition”. See: 1999, c. 12, Sched. R, ss. 10 (3), 21. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (9) is repealed by the Statutes of Ontario, 2009, chapter 5, section 23 and the following substituted: Vehicle cannot be operated until made safe (9) Despite the fact that the Registrar is ordered to release the vehicle, the order to suspend the vehicle portion of the vehicle’s permit is set aside and the vehicle portion of the permit is reinstated, no person shall drive or operate on a highway the vehicle that was the subject of the order until it has been placed in a safe condition. 2009, c. 5, s. 23. See: 2009, c. 5, ss. 23, 59 (2). Decision final (10) The decision of the Tribunal under this section is final and binding. 1997, c. 12, s. 6; 1999, c. 12, Sched. G, s. 24 (14). Impoundment not stayed (11) Despite the Statutory Powers Procedure Act, the filing of an appeal under this section does not suspend or terminate the order to impound and suspend under section 82.1. 1997, c. 12, s. 6. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (11) is repealed by the Statutes of Ontario, 2009, chapter 5, section 23 and the following substituted: Impoundment not stayed (11) Despite the Statutory Powers Procedure Act, the filing of an appeal under this section does not suspend or terminate the impoundment or order to suspend under section 82.1. 2009, c. 5, s. 23. See: 2009, c. 5, ss. 23, 59 (2). (12) Repealed: 1999, c. 12, Sched. G, s. 24 (15). Definitions (13) In this section, “commercial motor vehicle”, “operator”, “owner” and “permit” have the same meanings as in section 82.1. (“véhicule utilitaire”, “utilisateur”, “propriétaire”, “certificat d’immatriculation”) 1997, c. 12, s. 6. Penalty for driving motor vehicle when permit suspended or cancelled 51. Every person who drives a motor vehicle the permit for which is under suspension or has been cancelled is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $1,000 or to imprisonment for a term of not more than six months, or to both. R.S.O. 1990, c. H.8, s. 51. Service of notice of licence suspension 52. (1) Where a person’s driver’s licence is suspended, notice of the suspension is sufficiently given if delivered personally or, (a) in the case of a suspension under section 41 or 42, sent by registered mail addressed to the person to whom the licence was issued at the latest current address of the person appearing on the records of the Ministry; (b) in the case of all other suspensions, sent by mail addressed to the person to whom the licence was issued at the latest current address of the person appearing on the records of the Ministry. 2000, c. 26, Sched. O, s. 4. Deemed date of service (2) Notice sent by registered mail under clause (1) (a) or by mail under clause (1) (b) shall be deemed to have been given on the seventh day after the mailing unless the person to whom the notice is sent establishes that he or she did not, acting in good faith, through absence, accident, illness or other cause beyond his or her control, receive the notice. 2000, c. 26, Sched. O, s. 4. Regulations (3) The Lieutenant Governor in Council may make regulations, (a) prescribing other methods of service that may be used in the case of a suspension described in clause (1) (a) or a suspension described in clause (1) (b) and prescribing the day on which the notice sent or delivered by such other means shall be deemed to have been given; (b) prescribing means of proving that a notice was given by a method permitted by subsection (1) or by a method permitted by regulation. 2000, c. 26, Sched. O, s. 4. Driving while driver’s licence suspended 53. (1) Every person who drives a motor vehicle or street car on a highway while his or her driver’s licence is suspended under an Act of the Legislature or a regulation made thereunder is guilty of an offence and on conviction is liable, (a) for a first offence, to a fine of not less than $1,000 and not more than $5,000; and (b) for each subsequent offence, to a fine of not less than $2,000 and not more than $5,000, or to imprisonment for a term of not more than six months, or to both. R.S.O. 1990, c. H.8, s. 53 (1); 1997, c. 12, s. 7 (1). Same (1.1) Despite subsection (1), every person who drives a motor vehicle or street car on a highway while his or her driver’s licence is suspended under section 41 or 42, even if it is under suspension at the same time for any other reason, is guilty of an offence and on conviction is liable, (a) for a first offence, to a fine of not less than $5,000 and not more than $25,000; and (b) for each subsequent offence, to a fine of not less than $10,000 and not more than $50,000, or to imprisonment for a term of not more than six months, or to both. 1997, c. 12, s. 7 (2). Subsequent offence (2) Where a person who has previously been convicted of an offence under subsection (1) is convicted of the same offence within five years after the date of the previous conviction, the offence for which he or she is last convicted shall be deemed to be a subsequent offence for the purpose of clause (1) (b). R.S.O. 1990, c. H.8, s. 53 (2). Same (2.1) Where a person who has previously been convicted of an offence under subsection (1.1) is convicted of the same offence within five years after the date of the previous conviction, the offence for which he or she is last convicted shall be deemed to be a subsequent offence for the purpose of clause (1.1) (b). 1998, c. 5, s. 25 (1). Licence suspended (3) The driver’s licence of a person who is convicted of an offence under subsection (1) or (1.1) is thereupon suspended for a period of six months in addition to any other period for which the licence is suspended, and consecutively thereto. R.S.O. 1990, c. H.8, s. 53 (3); 1998, c. 5, s. 25 (2). Where person whose permit or licence suspended does not hold permit or licence 54. Where by or under the provisions of an Act of the Legislature or a regulation made thereunder a permit or licence is suspended and the person to whom the suspension applies is not the holder of a permit or licence, as the case may be, the person shall be deemed for all the purposes of this Act or the regulations to be a person whose permit or licence, as the case may be, has been suspended. R.S.O. 1990, c. H.8, s. 54. Note: On a day to be named by proclamation of the Lieutenant Governor, section 54 is repealed by the Statutes of Ontario, 1996, chapter 20, section 11 and the following substituted: Effect of suspension provisions if person holds no permit or licence 54. (1) If a permit or licence is required to be suspended under this Act or under the Motorized Snow Vehicles Act, but the person whose permit or licence is to be suspended does not hold a permit or licence, the person shall be deemed for the purposes of this Act to be a person whose permit or licence has been suspended. 1996, c. 20, s. 11; 2000, c. 30, s. 10. No permit or licence issued during suspension period (2) No permit or licence shall be issued to a person who is disqualified from holding a permit or licence or who is deemed to be a person whose permit or licence has been suspended under subsection (1) until the period of the disqualification or suspension has expired and, in the case of a person who is deemed to be a person whose licence has been suspended, the person pays the prescribed administrative fee for the reinstatement of the licence. 1996, c. 20, s. 11. Exception (3) Despite subsection (2), a person who met the description in subsection 34 (1) at the time of the events that led to the disqualification or deeming is not required to pay the prescribed administrative fee for the reinstatement of the licence. 1996, c. 20, s. 11. See: 1996, c. 20, ss. 11, 32. Suspension on appeal 55. If a person whose licence has been suspended enters an appeal against his or her conviction and serves notice of the appeal on the Registrar, the suspension is stayed from the time notice is served on the Registrar unless the conviction is sustained on appeal. R.S.O. 1990, c. H.8, s. 55; 1996, c. 33, s. 10. Order to impound 55.1 (1) In this section, “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, as defined in subsection 16 (1), 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 a plate portion and different persons are named on each portion, means, (a) in subsections (5), (8) and (14), the person whose name appears on the vehicle portion, and (b) in subsections (3), (5), (6), (8), (10), (11), (12), (13), (14), (16), (18.1) and (21), the person whose name appears on the plate portion. (“propriétaire”) 1997, c. 12, s. 8; 2000, c. 26, Sched. O, s. 5 (1); 2002, c. 18, Sched. P, s. 18. Driving while under suspension, Registrar notified (2) Where a police officer or officer appointed for carrying out the provisions of this Act is satisfied that a person was driving a motor vehicle on a highway while his or her driver’s licence is under suspension under section 41, 42 or 43 even if it is under suspension at the same time for any other reason, the officer shall, (a) notify the Registrar of the fact or cause the Registrar to be notified; and (b) detain the motor vehicle that was being driven by the person whose driver’s licence is under suspension until the Registrar issues an order under subsection (3). 1997, c. 12, s. 8; 2000, c. 26, Sched. O, s. 5 (2). Order to impound or release (3) Upon notification under subsection (2), the Registrar may, without a hearing, issue an order to release the motor vehicle or issue an order to impound the motor vehicle that was being driven by the driver whose driver’s licence is under suspension, as follows: 1. For 45 days, if an order to impound under this section has not previously been made, within a prescribed period, with respect to any motor vehicle then owned by the owner of the vehicle currently being impounded. 2. For 90 days, if one order to impound under this section has previously been made, within a prescribed period, with respect to any motor vehicle then owned by the owner of the vehicle currently being impounded. 3. For 180 days, if more than one order to impound under this section has previously been made, within a prescribed period, with respect to any motor vehicle then owned by the owner of the vehicle currently being impounded. 1997, c. 12, s. 8. |