Removal of vehicle, debris blocking traffic - Section 134.1

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Removal of vehicle, debris blocking traffic - 134.1.

(1) Where a police officer considers it reasonably necessary,

(a) to ensure orderly movement of traffic; or

(b) to prevent injury or damage to persons or property,

he or she may remove and store or order the removal and storage of a vehicle, cargo or debris that are directly or indirectly impeding or blocking the normal and reasonable movement of traffic on a highway and shall notify the owner of the vehicle of the location to which the vehicle was removed. 2005, c. 26, Sched. A, s. 20.

Costs of removal

(2) The costs and charges for the removal and storage of the vehicle, cargo or debris removed are a debt due by the owner, operator and driver of the vehicle, for which they are jointly and severally liable, and the debt may be recovered in any court of competent jurisdiction and are a lien upon the vehicle, which may be enforced in the manner provided by the Repair and Storage Liens Act. 2005, c. 26, Sched. A, s. 20.

Conflict with other Acts

(3) In the event of a conflict with this section, the following prevail:

1. Part X of the Environmental Protection Act and the regulations made under it, with respect to a pollutant on a highway.

2. The Dangerous Goods Transportation Act and the regulations made under it. 2005, c. 26, Sched. A, s. 20.

Protection from liability

(4) No action or other proceeding for damages shall be brought against a police officer, a police force, a police services board, any member of a police services board, the Crown, an employee of the Crown or an agent of the Crown for any act done in good faith in the performance or intended performance of a duty under this section, or in the exercise or intended exercise of a power under this section, or any neglect or default in the performance or exercise in good faith of such duty or power. 2005, c. 26, Sched. A, s. 20.

Definition

(5) In subsection (2),

“operator” means,

(a) operator as defined in subsection 16 (1), and

(b) in the absence of evidence to the contrary, where there is no CVOR certificate, as defined in subsection 16 (1), or lease applicable to the commercial motor vehicle, the holder of the plate portion of the permit for the commercial motor vehicle. 2005, c. 26, Sched. A, s. 20.