PART IV LICENCES
Administrative vehicle impoundment for contravening ignition interlock condition
41.4 (1) Where a police officer is satisfied that a person was driving a motor vehicle in contravention of a condition imposed on the person’s driver’s licence under a conduct review program under section 57 that prohibits him or her from driving a motor vehicle that is not equipped with an ignition interlock device, the officer shall detain the motor vehicle that was being driven by the person and the vehicle shall, at the cost and risk of its owner, (a)  be removed to an impound facility as directed by a police officer; and (b)  be impounded for seven days from the time it was detained.  2009, c. 5, s. 11; 2010, c. 16, Sched. 12, s. 2 (1); 2015, c. 14, s. 8. Release of vehicle (2) Subject to subsection (14), the motor vehicle shall be released to its owner from the impound facility upon the expiry of the period of impoundment.  2009, c. 5, s. 11. Early release of vehicle (3) Despite the detention or impoundment of a motor vehicle under this section, a police officer may release the motor vehicle to its owner before it is impounded or, subject to subsection (14), may direct the operator of the impound facility where the motor vehicle is impounded to release the motor vehicle to its owner before the expiry of the seven days if the officer is satisfied that the motor vehicle was stolen at the time that it was driven as described in subsection (1).  2009, c. 5, s. 11. Duty of officer re impoundment (4) Every officer who detains a motor vehicle under this section shall, as soon as practicable, (a)  prepare a notice identifying the motor 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 motor vehicle is impounded and the place where the vehicle may be recovered; and (b)  serve the driver with a copy of the notice.  2009, c. 5, s. 11. Service on driver is deemed service on owner and operator (5) Service of a copy of a notice under subsection (4) on the driver of the motor vehicle is deemed to be service on and sufficient notice to the owner of the vehicle and the operator of the vehicle, if there is an operator.  2009, c. 5, s. 11. Further notice to owner (6) In addition to serving the owner of the motor vehicle through service on the driver under subsection (4), a police officer shall provide a copy of the notice prepared under subsection (4) to the owner of the motor vehicle by delivering it personally or by mail to the address of the owner shown on the permit for the motor vehicle or to the latest address for the owner appearing on the records of the Ministry.  2009, c. 5, s. 11. Surrender of documents, information re trip and goods carried (7) If the motor vehicle that is to be impounded contains goods, the police officer may require the driver and any other person present who is in charge of the motor 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. 11. Operator, owner to remove load (8) Upon being served with notice of the impoundment through service on the driver under subsection (4), the operator of the motor vehicle or, if there is no operator, the owner shall forthwith remove any vehicle drawn by the motor vehicle and any load from the motor vehicle.  2009, c. 5, s. 11. Application of Dangerous Goods Transportation Act (9) If the goods are dangerous goods, within the meaning of the Dangerous Goods Transportation Act, the operator or, if there is no operator, the owner shall remove them in accordance with that Act.  2009, c. 5, s. 11. Officer may remove load, trailer at operator’s cost, risk (10) If, in the opinion of a police officer, the operator or owner fails to remove a drawn vehicle or load as required by subsection (8) within a reasonable time after being served with notice of the impoundment, the officer may cause the drawn vehicle or load to be removed and stored or disposed of at the cost and risk of the operator or, if there is no operator, the owner.  2009, c. 5, s. 11. Same (11) If a police officer is of the opinion that the operator or owner has not made appropriate arrangements for the removal of a drawn vehicle or 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 drawn vehicle or load to be removed, stored or otherwise disposed of at the cost and risk of the operator or, if there is no operator, the owner.  2009, c. 5, s. 11. Personal property in vehicle available to owner (12) Any personal property that is left in the impounded motor vehicle 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.  2009, c. 5, s. 11. No appeal or right to be heard (13) There is no appeal from, or right to be heard before, a vehicle detention or impoundment under subsection (1).  2009, c. 5, s. 11; 2019, c. 8, Sched. 1, s. 2. Impound costs to be paid before release of vehicle (14) The person who operates the impound facility where a motor vehicle is impounded under this section is not required to release the motor vehicle until the removal and impound costs for the vehicle have been paid.  2009, c. 5, s. 11. Lien for impound costs (15) The costs incurred by the person who operates the impound facility where a motor vehicle is impounded under this section are a lien on the motor vehicle that may be enforced under the Repair and Storage Liens Act.  2009, c. 5, s. 11. Impound costs a recoverable debt (16) The costs incurred by the person who operates the impound facility where a motor vehicle is impounded under this section are a debt due by the owner and the driver of the motor vehicle at the time the vehicle was detained, for which the owner and the driver are jointly and severally liable, and the debt may be recovered in any court of competent jurisdiction.  2009, c. 5, s. 11. Owner may recover losses from driver (17) The owner of a motor vehicle that is impounded under this section may bring an action against the driver of the motor vehicle at the time the vehicle was detained under subsection (1) to recover any costs or other losses incurred by the owner in connection with the impoundment.  2009, c. 5, s. 11. Debt due to police or Crown (18) The costs incurred by a police force or the Crown in removing, storing or disposing of a drawn vehicle or load from a motor vehicle under subsection (10) or (11) are a debt due to the police force or Crown, as the case may be, and may be recovered by the police force or Crown in any court of competent jurisdiction.  2009, c. 5, s. 11. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 41.4 (18) of the Act is amended by striking out “police force” wherever it appears and substituting in each case “police service”. (See: 2019, c. 1, Sched. 4, s. 24 (1)) Offence (19) Every person who obstructs or interferes with a police officer in the performance of his or her duties under this section is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $5,000 or to imprisonment for a term of not more than six months, or to both.  2009, c. 5, s. 11. Intent of impoundment (20) The impoundment of a motor vehicle under this section is intended to promote compliance with 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.  2009, c. 5, s. 11. Impoundment concurrent with other administrative impoundments (21) The impoundment of a motor vehicle under this section runs concurrently with an impoundment, if any, of the same motor vehicle under section 48.4, 55.1, 55.2, 82.1 or 172.  2009, c. 5, s. 11. Forms (22) The Minister may require that forms approved by the Minister be used for any purpose of this section.  2009, c. 5, s. 11. Regulations (23) The Minister may make regulations, (a)  requiring police officers to keep records with respect to vehicle impoundments under this section for a specified period of time and to report specified information with respect to vehicle impoundments to the Registrar and governing such records and reports; (b)  exempting any class of persons or class or type of vehicles from any provision or requirement of this section or of any regulation made under this section and prescribing conditions and circumstances for any such exemption; (c)  exempting commercial motor vehicles, or any class or type of commercial motor vehicles, or drivers, owners or operators of commercial motor vehicles or any class of them, from any provision or requirement of this section or of any regulation made under this section, prescribing a different scheme of consequences and requirements from those set out in this section if a police officer is satisfied that a person was driving a commercial motor vehicle, or a specified class or type of commercial motor vehicle, as described in subsection (1), including prescribing different penalties, and prescribing conditions and circumstances for any such exemption or for a different scheme to apply; (d)  designating provisions of legislation enacted by another province, a territory of Canada or a state of the United States of America that are comparable to the provisions referred to in subsection (1) and providing that this section applies to a person who is driving a motor vehicle in contravention of a condition or requirement imposed under such provisions.  2009, c. 5, s. 11. Contravention of different scheme (24) Every person who contravenes or fails to comply with a regulation made under clause (23) (c) that prescribes a different scheme of consequences and requirements from those set out in this section is guilty of an offence and on conviction is liable to a fine of not less than $400 and not more than $20,000.  2009, c. 5, s. 11. Definition (25) 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 or lease applicable to a commercial motor vehicle is produced, the holder of the plate portion of the permit for the commercial motor vehicle.  2009, c. 5, s. 11; 2014, c. 9, Sched. 2, s. 14. Section Amendments with date in force (d/m/y) 2009, c. 5, s. 11 - 01/12/2010 2010, c. 16, Sched. 12, s. 2 (1) - 25/10/2010 2014, c. 9, Sched. 2, s. 14 - 01/01/2017 2015, c. 14, s. 8
- 01/07/2018 2018, c. 3, Sched. 5, s. 26 (1) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 24 (1) - not in force; 2019, c. 8, Sched. 1, s. 2 - 06/06/2019