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DUI, DWI & Criminal Legislation in Ontario  

Highway Traffic Act of Ontario , section: 55.1 (1) to (3)

Drive While Suspended Offense, Impounding Vehicle Driven by Suspended Driver

55.1 (1) 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, as defined in subsection 16 (1), or lease or contract applicable to a commercial motor vehicle, is produced, the holder of the plate portion of the permit for the commercial motor vehicle; ("utilisateur")

"owner" means the person whose name appears on the certificate of registration for the vehicle, and, where the certificate of registration for the vehicle consists of a vehicle portion and a plate portion and different persons are named on each portion, means,

(a) in subsections (5), (8) and (14), the person whose name appears on the vehicle portion, and

(b) in subsections (3), (5), (6), (8), (10), (11), (12), (13), (14), (16), (18.1) and (21), the person whose name appears on the plate portion. ("propriétaire")

(2) Where a police officer or officer appointed for carrying out the provisions of this Act is satisfied that a person was driving a motor vehicle on a highway while his or her driver's licence is under suspension under section 41, 42 or 43 even if it is under suspension at the same time for any other reason, the officer shall,

(a) notify the Registrar of the fact or cause the Registrar to be notified; and

(b) detain the motor vehicle that was being driven by the person whose driver's licence is under suspension until the Registrar issues an order under subsection (3).

(3) Upon notification under subsection (2), the Registrar may, without a hearing, issue an order to release the motor vehicle or issue an order to impound the motor vehicle that was being driven by the driver whose driver's licence is under suspension, as follows:

1. For 45 days, if an order to impound under this section has not previously been made, within a prescribed period, with respect to any motor vehicle then owned by the owner of the vehicle currently being impounded.

2. For 90 days, if one order to impound under this section has previously been made, within a prescribed period, with respect to any motor vehicle then owned by the owner of the vehicle currently being impounded.

3. For 180 days, if more than one order to impound under this section has previously been made, within a prescribed period, with respect to any motor vehicle then owned by the owner of the vehicle currently being impounded.

Comments : A police officer will impound a vehicle driven by a suspended driver, even if the driver is not the owner.

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OntarioHighway Traffic Act of Ontario 55.1 (1) to (3) Drive While Suspended Offense, Impounding Vehicle Driven by Suspended Driver