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' G2 v% I4 q- q! j Order to impound and suspend or to release (7) Upon notification under subsection (6), the Registrar may, without a hearing, issue an order to release the vehicle or issue an order to impound the vehicle and suspend the vehicle portion of its permit 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 been impounded once under this section within a prescribed period. 3. For 60 days, if the vehicle has been impounded two or more times under this section within a prescribed period. 1997, c. 12, s. 10. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (7) is repealed by the Statutes of Ontario, 2009, chapter 5, subsection 33 (2) and the following substituted: Impoundment (7) Once the load, if any, has been removed as may be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). See: 2009, c. 5, ss. 33 (2), 59 (2). Permit suspended (8) Upon issuing an order to impound and suspend under subsection (7), the Registrar shall suspend the vehicle portion of the permit of the vehicle that is subject to the order, and the suspension shall be effective when the order is issued. 1997, c. 12, s. 10. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (8) is repealed by the Statutes of Ontario, 2009, chapter 5, subsection 33 (2) and the following substituted: Impound period (8) A vehicle detained under subsection (6) shall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). See: 2009, c. 5, ss. 33 (2), 59 (2). Intent of order to impound and suspend (9) The order to impound and suspend issued under this section is intended to promote compliance with the safety standards set out in and under this Act and to thereby safeguard the public and does not constitute an alternative to any proceeding or penalty arising from the same circumstances or around the same time. 1997, c. 12, s. 10. 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, subsection 33 (2) and the following substituted: 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). See: 2009, c. 5, ss. 33 (2), 59 (2). Registrar to notify officer (10) The Registrar shall notify a police officer or officer appointed for carrying out the provisions of this Act of an order made under subsection (7) and shall send a copy of the order to the owner and operator of the commercial motor vehicle at the most recent address for them appearing in the records of the Ministry. 1997, c. 12, s. 10. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (10) is repealed by the Statutes of Ontario, 2009, chapter 5, subsection 33 (2) and the following substituted: 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; (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). See: 2009, c. 5, ss. 33 (2), 59 (2). Release of vehicle (11) Upon notification of the Registrar’s order to release the vehicle, a police officer or officer appointed for carrying out the provisions of this Act shall forthwith release the vehicle to its owner, whereupon the provisions of section 82 apply. 1997, c. 12, s. 10. 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, subsection 33 (2) and the following substituted: 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). See: 2009, c. 5, ss. 33 (2), 59 (2). Service of order to impound and suspend (12) Upon notification of the Registrar’s order to impound and suspend, a police officer or officer appointed for carrying out the provisions of this Act shall serve the order or notice of it on the driver of the vehicle. 1997, c. 12, s. 10. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (12) is repealed by the Statutes of Ontario, 2009, chapter 5, subsection 33 (2) and the following substituted: 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). See: 2009, c. 5, ss. 33 (2), 59 (2). Service on driver is deemed service on owner and operator (13) Service of the order, or notice of it, on the driver of the commercial motor vehicle shall be deemed to be service on and sufficient notice to the operator and owner of the commercial motor vehicle and trailer. 1997, c. 12, s. 10. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (13) is repealed by the Statutes of Ontario, 2009, chapter 5, subsection 33 (2) and the following substituted: 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). See: 2009, c. 5, ss. 33 (2), 59 (2). Surrender of documents, information re trip and goods carried (14) If the commercial motor vehicle or trailer that is the subject of the order to impound and suspend 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. 1997, c. 12, s. 10. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (14) is repealed by the Statutes of Ontario, 2009, chapter 5, subsection 33 (2) and the following substituted: 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). See: 2009, c. 5, ss. 33 (2), 59 (2). Operator to remove load (15) Upon being served, or being deemed to have been served, with the order to impound and suspend, or notice of it, the operator of the vehicle shall forthwith remove the load from the commercial motor vehicle or trailer, or both, and from the inspection site. 1997, c. 12, s. 10. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (15) is repealed by the Statutes of Ontario, 2009, chapter 5, subsection 33 (2) and the following substituted: 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). See: 2009, c. 5, ss. 33 (2), 59 (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 or being deemed to have been served with the order to impound and suspend, or notice of it, the officer may cause the load to be removed and stored or disposed of at the cost and risk of the operator. 1997, c. 12, s. 10. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (17) is repealed by the Statutes of Ontario, 2009, chapter 5, subsection 33 (3) and the following substituted: 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). See: 2009, c. 5, ss. 33 (3), 59 (2). 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. Vehicle impounded (19) Once the load has been removed, the commercial motor vehicle or trailer 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 for the period set out in the order to impound and suspend or until ordered to be released by the Registrar. 1997, c. 12, s. 10. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (19) is repealed by the Statutes of Ontario, 2009, chapter 5, subsection 33 (4). See: 2009, c. 5, ss. 33 (4), 59 (2). 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 the vehicle remains impounded for the period set out in the order to impound and suspend and no order is made under subsection (24) or 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 period of impoundment or 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. 1997, c. 12, s. 10. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (25) is repealed by the Statutes of Ontario, 2009, chapter 5, subsection 33 (6) and the following substituted: 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). See: 2009, c. 5, ss. 33 (6), 59 (2). 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. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (27) is amended by the Statutes of Ontario, 1999, chapter 12, Schedule R, subsection 15 (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. 15 (3), 21. 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. |