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DUI, DWI & Criminal Legislation in Ontario  

Highway Traffic Act of Ontario , section: 41.2 (1) to (13)

Penalties/Suspension on Conviction, Prohibition, Ignition Interlock Devices on Re-instatement After Suspension

41.2

(1) If a person's driver's licence is suspended under section 41 as a result of a first conviction for an offence under section 253 or subsection 254 (5) of the Criminal Code (Canada) and his or her driver's licence is reinstated under section 41.1, it is a condition of the person's driver's licence that he or she is prohibited from driving any motor vehicle that is not equipped with an approved ignition interlock device.

(2) A person mentioned in subsection (1) may apply to the Registrar to remove the condition prohibiting him or her from driving any motor vehicle that is not equipped with an approved ignition interlock device.

(3) An application under subsection (2) may not be made earlier than one year from the day the person's driver's licence was reinstated under section 41.1.

(4) On receiving an application made in accordance with subsections (2) and (3), the Registrar shall remove the condition, if the person meets the criteria prescribed for the purpose of this subsection.

[Second Offence]

(5) If a person's driver's licence is suspended under section 41 as a result of a second conviction for an offence under section 253 or subsection 254 (5) of the Criminal Code (Canada) and his or her driver's licence is reinstated under section 41.1, it is a condition of the person's driver's licence that he or she is prohibited from driving any motor vehicle that is not equipped with an approved ignition interlock device.

(6) A person mentioned in subsection (5) may apply to the Registrar to remove the condition prohibiting him or her from driving any motor vehicle that is not equipped with an approved ignition interlock device.

(7) An application under subsection (6) may not be made earlier than three years from the day the person's driver's licence was reinstated under section 41.1.

(8) On receiving an application made in accordance with subsections (6) and (7), the Registrar shall remove the condition, if the person meets the criteria prescribed for the purpose of this subsection.

[Third Offence]

(9) If the Registrar reduces an indefinite licence suspension in accordance with subsection 41.1 (2) and reinstates a person's driver's licence, it is a permanent condition of the person's driver's licence that he or she is prohibited from driving any motor vehicle that is not equipped with an approved ignition interlock device.

(10) No person who is the owner or is in possession or control of a motor vehicle that is not equipped with an approved ignition interlock device shall knowingly permit a person to driving the vehicle, if that person is prohibited from driving any motor vehicle that is not equipped with such a device.

(11) Except in accordance with an authorization under subsection (14), no person shall tamper with an approved ignition interlock device.

(12) If, under the authority of this Act, a police officer stops a motor vehicle, inspects a person's driver's licence and determines that the person is prohibited from driving any motor vehicle that is not equipped with an approved ignition interlock device, the police officer may, without warrant or court order, inspect the vehicle to the extent that is reasonably necessary to determine,

(a) whether the vehicle is equipped with such a device; and

(b) if the vehicle has the device, whether the device has been tampered with in any manner.

(13) Every person who drives a motor vehicle that is not equipped with an approved ignition interlock device while prohibited from doing so or who contravenes subsection (10) or (11) is guilty of an offence and on conviction is liable,

(a) in the case involving a commercial motor vehicle within the meaning of subsection 16 (1), to a fine of not less than $200 and not more than $20,000;

(b) in every other case, to a fine of not less than $200 and not more than $1,000.

Comments : Persons charged with impaired or over 80 after December 2001, will have their licence suspended by the Province for at least one year on a first offence. They won't get their licence back until they have completed an eight month course, paid the prescribed re-instatement fee, and installed an ignition interlock device. That device will have to remain installed for AT LEAST another year.

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20070725104420

bulletAdministrative Driver's Licence Suspension 12 hours
bulletAdministrative Driver's Licence Suspension 90 days
bulletLookback Periods for Prior Offences re HTA Suspension
bulletReciprocal Suspension Agreements with US States
 

 

 

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OntarioHighway Traffic Act of Ontario 41.2 (1) to (13) Penalties/Suspension on Conviction, Prohibition, Ignition Interlock Devices on Re-instatement After Suspension