PART IV LICENCES
Breath testing, drivers of commercial motor vehicles
48.2.2 (1) Subsections (2) and (3) apply and subsections (4) and (5) do not apply if the police officer who stops a driver of a commercial motor vehicle uses one screening device for the purposes of section 48 and another screening device for the purposes of this section, and subsections (4) and (5) apply and subsections (2) and (3) do not apply if the police officer uses one screening device for the purposes of both section 48 and this section. 2017, c. 26, Sched. 4, s. 11. Test registers “Pass”, second test requested for presence of alcohol (2) Where a driver or person having care, charge or control of a commercial motor vehicle has provided a sample of breath under section 48 which, on analysis, registers “Pass” or otherwise indicates that the driver or person has no alcohol in his or her body, but the police officer reasonably suspects that the driver or person has alcohol in his or her body, the police officer may, for the purposes of determining the concentration of alcohol in the driver’s or person’s blood, demand that he or she provide within a reasonable time such a sample of breath as, in the opinion of the police officer, is necessary to enable a proper analysis of the breath to be made by means of a provincially approved screening device and, where necessary, to accompany the police officer for the purpose of enabling such a sample of breath to be taken. 2017, c. 26, Sched. 4, s. 11. Test registers “Presence of Alcohol”, surrender of licence (3) Where, upon demand of a police officer made under subsection (2), a driver of a commercial motor vehicle fails or refuses to provide a sample of breath or provides a sample of breath which, on analysis by a provincially approved screening device, registers “Presence of Alcohol” or otherwise indicates that the driver has alcohol in his or her body, the police officer may request that the driver surrender his or her driver’s licence. 2017, c. 26, Sched. 4, s. 11. Test registers “Warn” or “Alert”, surrender of licence (4) Where a driver of a commercial motor vehicle fails or refuses to provide a sample of breath or provides a sample of breath under section 48 which, on analysis registers “Warn”, “Alert” or “Presence of Alcohol” or otherwise indicates that the driver has alcohol in his or her body, the police officer may request that the driver surrender his or her driver’s licence. 2017, c. 26, Sched. 4, s. 11. Test registers “Warn” or “Alert”, surrender of licence (5) Where, upon demand of a police officer made under section 320.27 or 320.28 of the Criminal Code (Canada), a driver of a commercial motor vehicle provides a sample of breath which, on analysis by an approved screening device as defined in that section, registers “Warn” or “Alert” or otherwise indicates that the driver has alcohol in his or her body, the police officer may request that the driver surrender his or her driver’s licence. 2017, c. 26, Sched. 4, s. 11; 2019, c. 8, Sched. 1, s. 1. Test indicates presence of alcohol, surrender of licence (6) Where, upon demand of a police officer made under section 320.27 or 320.28 of the Criminal Code (Canada), a driver of a commercial motor vehicle provides a sample of breath which, on analysis by an instrument approved as suitable for the purpose of that section, indicates the presence of alcohol in the driver’s body, the police officer may request that the driver surrender his or her driver’s licence. 2017, c. 26, Sched. 4, s. 11; 2019, c. 8, Sched. 1, s. 1. Opportunity for second analysis (7) Where an analysis of the breath of the driver is made under subsection (3), (4) or (5) and registers “Warn”, “Alert” or “Presence of Alcohol” or otherwise indicates that the driver has alcohol in his or her body, the driver may require that a second analysis be performed if the driver requests the second analysis immediately after the police officer requests the surrender of his or her driver’s licence under any of those subsections. 2017, c. 26, Sched. 4, s. 11. Screening device, instrument used for second analysis (8) The second analysis must be performed with a different approved screening device than was used in the analysis under subsection (3), (4) or (5), as the case may be, or, if the police officer thinks it is preferable, with an instrument approved as suitable for the purpose of section 320.27 or 320.28 of the Criminal Code (Canada). 2017, c. 26, Sched. 4, s. 11; 2019, c. 8, Sched. 1, s. 1. Second analysis governs (9) Where a driver of a commercial motor vehicle provides a sample of breath for the second analysis requested under subsection (7) immediately upon being requested to do so by the police officer, the result of the second analysis governs and any suspension resulting from the analysis under subsection (3), (4) or (5) continues or terminates accordingly. 2017, c. 26, Sched. 4, s. 11. Licence suspension (10) Upon a request being made under subsection (3), (4), (5) or (6), the driver to whom the request is made shall forthwith surrender his or her driver’s licence to the police officer and, whether or not the driver is unable or fails to surrender the licence to the police officer, his or her driver’s licence is suspended for three days from the time the request is made. 2017, c. 26, Sched. 4, s. 11. Suspension concurrent with other administrative suspensions (11) The licence suspension under this section runs concurrently with a suspension, if any, under section 48, 48.0.1, 48.0.2, 48.0.3, 48.0.4, 48.1, 48.2.1, 48.3 or 48.3.1. 2017, c. 26, Sched. 4, s. 11. Calibration of screening device (12) The provincially approved screening device shall not be calibrated to register “Presence of Alcohol” if the concentration of alcohol in the blood of the person whose breath is being analyzed is less than 10 milligrams of alcohol in 100 millilitres of blood, and despite anything in this section, the reading shown on a provincially approved screening device for “Presence of Alcohol” may be another term or symbol that conveys the same meaning. 2017, c. 26, Sched. 4, s. 11. Same (13) It shall be presumed, in the absence of proof to the contrary, that any provincially approved screening device used for the purposes of this section has been calibrated as required by subsection (12). 2017, c. 26, Sched. 4, s. 11. No appeal or right to be heard (14) There is no appeal from, or right to be heard before, the suspension of a driver’s licence under this section. 2017, c. 26, Sched. 4, s. 11; 2019, c. 8, Sched. 1, s. 2. Intent of suspension (15) The suspension of a driver’s licence under this section is intended to safeguard the licensee and the public and does not constitute an alternative to any proceeding or penalty arising from the same circumstances or around the same time. 2017, c. 26, Sched. 4, s. 11. Duties of officer (16) Every police officer who asks for the surrender of a driver’s licence under this section shall, (a)  notify the Registrar of that fact, or cause the Registrar to be so notified, in the form and manner and within the time required by the Registrar; (b)  keep a record of the licence received with the name and address of the person and the date and time of the suspension; (c)  provide the licensee with a written statement of the time from which the suspension takes effect, the period of time for which the licence is suspended and the place where the licence may be recovered; and (d)  forward to the Registrar such other material or information as may be prescribed by the regulations. 2017, c. 26, Sched. 4, s. 11. Removal of vehicle (17) If the commercial motor vehicle of a driver of a commercial motor vehicle whose driver’s licence is suspended under this section is at a location from which, in the opinion of a police officer, it should be removed and there is no person available who may lawfully remove the vehicle, the officer may remove and store the vehicle or cause it to be removed and stored, in which case the officer shall notify the person of the location of the storage. 2017, c. 26, Sched. 4, s. 11. Cost of removal (18) Where a police officer obtains assistance for the removal and storage of a motor vehicle under this section, the costs incurred in moving and storing the vehicle are a lien on the vehicle that may be enforced under the Repair and Storage Liens Act by the person who moved or stored the vehicle at the request of the officer. 2017, c. 26, Sched. 4, s. 11. Offence (19) Every person commits an offence who, without reasonable excuse, fails or refuses to comply with a demand made to him or her by a police officer under this section. 2017, c. 26, Sched. 4, s. 11. Regulations (20) The Lieutenant Governor in Council may make regulations prescribing other material or information to be forwarded to the Registrar under clause (16) (d). 2017, c. 26, Sched. 4, s. 11. Definitions (21) In this section, “driver” includes a person who has care or control of a motor vehicle; (“conducteur”) “driver’s licence” includes a driver’s licence issued by any other jurisdiction; (“permis de conduire”) “provincially approved screening device” means, (a)  an approved screening device as defined in the Criminal Code (Canada), or (b)  a screening device that meets the standards of the Alcohol Test Committee of the Canadian Society of Forensic Sciences. (“appareil de détection approuvé par la province”) 2017, c. 26, Sched. 4, s. 11. Meaning of suspension for out-of-province licences (22) With respect to a driver’s licence issued by another jurisdiction, instead of the person’s driver’s licence being suspended, the person’s privilege to drive a motor vehicle in Ontario is suspended for the applicable period specified in subsection (10), and this section and section 53 apply to the suspension of that privilege with necessary modifications. 2017, c. 26, Sched. 4, s. 11. Section Amendments with date in force (d/m/y) 2017, c. 26, Sched. 4, s. 11 - 01/07/2018 2019, c. 8, Sched. 1, s. 1 - 01/12/2020; 2019, c. 8, Sched. 1, s. 2 - 06/06/2019 Administrative suspension of licence for blood alcohol concentration above .08, failing or refusing to provide breath sample