PART IV LICENCES
Appeal of impoundment, commercial motor vehicles
50.3 (1) The owner of a commercial motor vehicle or trailer that is impounded under section 82.1 may, upon paying the fee established by the Tribunal, appeal the impoundment to the Tribunal.  2009, c. 5, s. 23. Parties (2) The owner and the Registrar are the parties to an appeal under this section.  1997, c. 12, s. 6. Grounds for appeal (3) The only grounds on which an owner may appeal under subsection (1) and the only grounds on which the Tribunal may order the Registrar to release the vehicle are, (a)  that the commercial motor vehicle or trailer that is impounded was stolen at the time the vehicle was detained under section 82.1; or (b)  that the commercial motor vehicle or trailer had no critical defects at the time of the inspection under section 82.1.  2009, c. 5, s. 23. 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. Powers of Tribunal (5) The Tribunal may confirm the impoundment or order the Registrar to release the vehicle.  2009, c. 5, s. 23. 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 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. 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. 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. 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 impoundment or order to suspend under section 82.1.  2009, c. 5, s. 23. (12) Repealed:  1999, c. 12, Sched. G, s. 24 (15). Definitions (13) In this section, “operator”, “owner” and “permit” have the same meanings as in section 82.1. 2014, c. 9, Sched. 2, s. 18. Section Amendments with date in force (d/m/y) 1997, c. 12, s. 6 - 02/02/1998; 1999, c. 12, Sched. G, s. 24 (14, 15) - 01/04/2000; 1999, c. 12, Sched. R, s. 10 (1-3) - no effect - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011 2009, c. 5, s. 23
- 01/01/2011 2014, c. 9, Sched. 2, s. 18 - 01/01/2017