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Ontario Highway Traffic Act

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Re: are cops subject to the HTA too?
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PostPosted: Tue Sep 25, 2012 8:52 pm 
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Joined: Sat Sep 22, 2012 1:57 pm
Posts: 33
its even on the OPP website... and im under the assumption that 2 OPP officers(?) out of 2 would have me believe otherwise.

http://www.opp.ca/ecms/index.php?id=540

Quote:
Changes to Vehicle Impoundment Program Authority

UPDATE - The OPP have posted a Request For Proposals to the http://www.merx.com

On July 1, 2011 the Ministry of Transportation Ontario (MTO) will be transferring vehicle impoundment authority for 45, 90 and 180-day Criminal Code licence suspensions to Ontario police services and will no longer provide the existing system of tow companies currently being used.

As a lead-up to this date, the OPP will be acquiring through the procurement process the services from impoundment facility operators (IFC) to provide towing services under this new authority. This service will become part of other legislated seizures and tows we currently conduct under legislated authority.

These seizures include:

The seven-day impoundment program for street racing;
The seven-day impoundment for drivers suspended under the HTA (excluding suspensions for defaulted fines and medical reasons);
The seven-day impoundment for drivers with a BAC over 80 mg. or fail/refuse to comply with the demand of a police officer (e.g. for a breath sample);
The seven-day impoundment for drivers caught driving without a required ignition interlock device;
The towing of vehicles as it relates to 3, 7 and 30-day suspensions for "warn range"

We will be tendering these services out through a Request for Proposal (RFP) posting on MERX in May, the exact date of which will be confirmed in the near future. For the purposes of the RFP, we have divided the province into areas and IFC's will be instructed to identify which area(s) they want to bid on. Effective July 1, 2011 IFC's that were awarded contracts through the RFP process will be utilized for vehicle impoundments in their respective designated area.

A Vendor Information Session will be held by teleconference five days after the RFP has been posted to MERX. This teleconference will be led by Ministry of Community Services and Correctional Services and MTO representatives and will provide further information about the new Vehicle Impoundment Authority.

Details about the RFP process and the Information Session will be posted shortly, therefore you are reminded to check back with this website regularly for updates.


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Re: are cops subject to the HTA too?
PostPosted: Tue Sep 25, 2012 9:04 pm 
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If you read that it says you do not impound the vehicle for 7 days as part of the hta VIP. No where does it state that the officer can not tow the vehicle to have it removed fom the side of the road.


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Re: are cops subject to the HTA too?
PostPosted: Tue Sep 25, 2012 9:12 pm 
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Joined: Sat Sep 22, 2012 1:57 pm
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if you read the MTO website, as in the source link i provided, you will find that if the owner of the vehicle were to appeal, towing costs would be at the OPP's expense. So yes he can tow it, but his department would have to pay for it and im sure some good explaining to do.

So he's not doing me a favor by not towing, he's saving costs for the OPP.


Last edited by Julio on Tue Sep 25, 2012 9:18 pm, edited 2 times in total.

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Re: are cops subject to the HTA too?
PostPosted: Tue Sep 25, 2012 9:16 pm 
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Joined: Thu Aug 27, 2009 10:06 pm
Posts: 354
I never said impound. Towed for being an abandoned vehicle on the roadway.

I call the tow company and tell them this vehicle needs to be privately towed. You are responsible and can have it towed anywhere you want as along as it is off the road.

We do it all the time.

Your link is for vehicles seized. We are not seizing the vehicle. it is just being removed from the roadway where it is a safety hazard or in our case, in a the city , it is now obstructing traffic.

OPS


Last edited by OPS Copper on Tue Sep 25, 2012 9:23 pm, edited 1 time in total.

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Re: are cops subject to the HTA too?
PostPosted: Tue Sep 25, 2012 9:20 pm 
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OPS, thats probably because he agreed to it because he had no one to get it for him. Or because they never appealed. It's a gamble where odds are usually in your favor (because they dont know their rights)

from the MTO:

Quote:
Can I appeal the impoundment?

Yes, a vehicle owner/plate holder can appeal an impoundment on the following grounds:

Vehicle was stolen at the time of the impoundment;
Driver was not under a Criminal Code suspension;
Vehicle owner/plate holder exercised all reasonable efforts (i.e. due diligence) to ensure
that the driver had a valid driver's licence; or
Loss of the vehicle would result in exceptional hardship.

There is a $100 fee to file an appeal. In the event of a successful appeal, any towing and storage costs will be refunded. The filing fee to the License Appeal Tribunal is non-refundable.


Ok i see what you're saying, towing for safety reasons and not impounding, but not unless i can get someone with a valid license to move it first.


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Re: are cops subject to the HTA too?
PostPosted: Tue Sep 25, 2012 10:02 pm 
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Joined: Sun Jun 22, 2008 3:21 am
Posts: 382
Julio wrote:
Im just confused. so what is subsections 106 (2), (3) and (4)? i thought that didnt include subsection 8?


Hi Julio,

I've put little one line explanations next to each subsection, I've also included a link to the HTA in case you want to read the whole section.

http://www.e-laws.gov.on.ca/html/statut ... .htm#BK172

Section 106.
Subsection 2 discusses the use of the seat belt assembly by the driver of a vehicle

Subsection 3 discusses the use of the seat belt assembly by a passenger who is over 16 years old

Subsection 4-A discusses the requirement for the driver to ensure that passengers under 16 years old use the seat belt assembly

Subsection 4-B Discusses the need to use a child car seat

Subsection 8 is a list of things the Lt. Governor in council (aka Cabinet) may make regulations about without having to introduce a new bill in the Legislative Assembly


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Re: are cops subject to the HTA too?
PostPosted: Tue Sep 25, 2012 10:26 pm 
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thanks daggx, i really appreciate it. Im now starting to understand all this.


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Re: are cops subject to the HTA too?
PostPosted: Tue Sep 25, 2012 10:50 pm 
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Joined: Wed Aug 10, 2011 3:05 pm
Posts: 86
Julio wrote:
paul1913 wrote:
You most certainly can tow the vehicle. I have countless times. The majority of the time I offer the driver to get someone there to drive it.


Not unless they were suspended by court order or by criminal code convictions. If you did, they could successfully appeal and you might have some explanation to do since your office would have to reimburse any towing and storage costs.

source: http://www.mto.gov.on.ca/english/safety ... lity.shtml
Quote:
Effective December 1, 2010, drivers caught driving with a driver’s licence that is already under a specific Highway Traffic Act (HTA) suspension(s) - including default of family support, but not including suspensions for defaulted fines or medical conditions* will have the vehicle they are driving impounded for seven days.




Not under that section... Try s217... Driving under suspension is an arrestable offense.

So yes it can't be seized under the 7 day HTA VIP but there other options. That also comes down to if you pass the attitude test and previous history as well (ie: habitual suspended driver)

Quote:
Detaining vehicle when arrest is made
(4) A police officer or officer appointed for carrying out the provisions of this Act, making an arrest without warrant, may detain the motor vehicle with which the offence was committed until the final disposition of any prosecution under this Act or under the Criminal Code (Canada), but the motor vehicle may be released on security for its production being given to the satisfaction of a justice of the peace or judge. R.S.O. 1990, c. H.8, s. 217 (4).


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Re: are cops subject to the HTA too?
PostPosted: Wed Sep 26, 2012 12:36 am 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
Julio wrote:
Im just confused. so what is subsections 106 (2), (3) and (4)? i thought that didnt include subsection 8?

It doesn’t, but subsection 4 is the one that requires drivers to ensure all persons under 16 years of age are properly belted. Subsection 8 simply deals with the fact that what’s considered a proper restraint will vary with age, weight, height, etc. So if you’re exempt from subsection 4, subsection 8 is no longer relevant.

Julio wrote:
Not unless they were suspended by court order or by criminal code convictions. If you did, they could successfully appeal and you might have some explanation to do since your office would have to reimburse any towing and storage costs.
source: http://www.mto.gov.on.ca/english/safety ... lity.shtml

You’re confusing towing with impoundment. The Highway Traffic Act grants police many authorities to tow a vehicle. Some common reasons off the top of my head are no licenced driver, unsafe vehicle, improper plates and no insurance. An impoundment is different since the police can then hold onto the vehicle after it’s towed for a period of time prescribed by law. So while there’s no mandated impoundment for driving under suspension with unpaid fines, the vehicle can certainly be towed off the roadway.

I’d also point out that police could also request the vehicle be impounded under section 217(4), which grants police the authority to detain a vehicle whenever an arrest is made. As driving under suspension is an arrestable offence, if the officer were to arrest you they could also detain your vehicle pending your charges being dealt with. I wouldn’t say it’s a common occurrence, but it still does grant police the authority to hold onto your vehicle. To get it back you need to request a hearing and show cause why it should be returned.

Edit: Sorry, responded without noticing this thread was on page 2. Looks like a bunch of people already shared this info.


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Re: are cops subject to the HTA too?
PostPosted: Wed Sep 26, 2012 8:21 am 
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Joined: Sat Sep 22, 2012 1:57 pm
Posts: 33
Thanks for the clarification, but isnt the arrestation not possible for a first offense?

Quote:
Driving while driver’s licence suspended

53. (1) Every person who drives a motor vehicle or street car on a highway while his or her driver’s licence is suspended under an Act of the Legislature or a regulation made thereunder is guilty of an offence and on conviction is liable,

(a) for a first offence, to a fine of not less than $1,000 and not more than $5,000; and

(b) for each subsequent offence, to a fine of not less than $2,000 and not more than $5,000,

or to imprisonment for a term of not more than six months, or to both. R.S.O. 1990, c. H.8, s. 53 (1); 1997, c. 12, s. 7 (1


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Re: are cops subject to the HTA too?
PostPosted: Wed Sep 26, 2012 10:57 am 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
That refers to what can happen if you’re convicted at trial. You can still be arrested at the time of the offence and either released with a Court date, or in extreme circumstances held for a bail hearing. Section 217 lists most of the arrestable offences under the HTA.


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Re: are cops subject to the HTA too?
PostPosted: Wed Sep 26, 2012 7:41 pm 
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Joined: Wed Aug 10, 2011 3:05 pm
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I have used that arrest authority several times and impounded the vehicle until the peron dealt with their matters in court. I have even brought people in for bail court for driving under suspension.

S.217 lists the arrestable offenses under the highway traffic act, and driving under suspension is one of them. It doesn't matter if its the first or 5th time, it is still an arrestable offense.


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Re: are cops subject to the HTA too?
PostPosted: Thu Sep 27, 2012 8:05 am 
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Joined: Sat Sep 22, 2012 1:57 pm
Posts: 33
Thanks again for the clarification, along with the references.


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