think my car got wrongfully impounded

Moderators: Radar Identified, Reflections, admin, hwybear, Decatur, bend

jestersht
Newbie
Newbie
Posts: 2
Joined: Fri Feb 10, 2012 2:45 pm

think my car got wrongfully impounded

by: jestersht on
Fri Feb 10, 2012 3:34 pm

hi everyone im just wondering if its right for a cop to have my car impounded and give me a traffic ticket for improper plates when my car didnt leave my property, yes i knew the plates werent to my car but on private property it dont matter aslong as it dosent go onto public property. am i right with this that i shouldnt have gotten the ticket or my car impounded?????????????






User avatar
Decatur
Moderator
Moderator
Posts: 702
Joined: Mon Mar 14, 2011 11:31 am

Posting Awards

Moderator

by: Decatur on
Fri Feb 10, 2012 6:49 pm

Ontario Highway Traffic Act
Abandoned or unplated vehicles

221. (1) A police officer or an officer appointed for carrying out the provisions of this Act who discovers a vehicle apparently abandoned on or near a highway or a motor vehicle or trailer without proper number plates may take the vehicle into the custody of the law and may cause it to be taken to and stored in a suitable place. R.S.O. 1990, c. H.8, s. 221 (1).


G35Dalf
Jr. Member
Jr. Member
Posts: 50
Joined: Sun May 29, 2011 9:35 pm

by: G35Dalf on
Mon Apr 02, 2012 11:54 pm

So how does one store a vehicle? Kept in a closed garage or must it always have a valid plate?
Reason I ask is I have a neighbour/friend who's working on rebuilding a classic 'cuda. He sometimes moves it onto his driveway to work on it for a few days and then stores it away until he has time to work on it again. He has no plates for it (yet).

Thanks in advance.


Stanton
High Authority
High Authority
Posts: 2111
Joined: Tue Feb 01, 2011 8:49 pm
Location: Ontario

by: Stanton on
Tue Apr 03, 2012 1:03 am

G35Dalf wrote:So how does one store a vehicle? Kept in a closed garage or must it always have a valid plate?
Reason I ask is I have a neighbour/friend who's working on rebuilding a classic 'cuda. He sometimes moves it onto his driveway to work on it for a few days and then stores it away until he has time to work on it again. He has no plates for it (yet).

Thanks in advance.
An unplated vehicle on private property shouldn't be an issue. The OP's mistake was using plates that didn't belong on the vehicle, which granted police the seizure authority.

The only note of caution would be to check local bylaws. Some municipalities do have bylaws which prohibit the storage of unplated vehicles on your own property.


User avatar
Simon Borys
VIP
VIP
Posts: 1065
Joined: Fri Apr 30, 2010 10:20 am
Contact:

by: Simon Borys on
Tue Apr 03, 2012 10:33 pm

But consider s. 221 of the HTA:

A police officer or an officer appointed for carrying out the provisions of this Act who discovers a vehicle apparently abandoned on or near a highway or a motor vehicle or trailer without proper number plates may take the vehicle into the custody of the law and may cause it to be taken to and stored in a suitable place.
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


User avatar
Radar Identified
Moderator
Moderator
Posts: 2881
Joined: Mon Sep 08, 2008 8:26 pm
Location: Toronto

Moderator

by: Radar Identified on
Fri Apr 06, 2012 10:53 am

Yes but...
A police officer or an officer appointed for carrying out the provisions of this Act who discovers a vehicle apparently abandoned on or near a highway or a motor vehicle or trailer without proper number plates may take the vehicle into the custody of the law and may cause it to be taken to and stored in a suitable place.
Define "suitable place," though.

If the vehicle is already on his private property, I'd argue that it's already in a "suitable place."
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


User avatar
Simon Borys
VIP
VIP
Posts: 1065
Joined: Fri Apr 30, 2010 10:20 am
Contact:

by: Simon Borys on
Fri Apr 06, 2012 10:55 pm

Yes but you have to read the whole section together. It says: "may take the vehicle into the custody of the law AND may cause it to be taken to and stored in a suitable place."

I'd argue that if it's in somebody's driveway it's not in "the custody of the law". To me this section clearly contemplates the officer seizing a vehicle AND THEN having it taken to a suitable place to be stored - i.e. a tow company's yard or the police impound.

Obviously I'm not suggesting this section should be used frivolously, but if it were to be used, I think this is how it would be.
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


User avatar
Radar Identified
Moderator
Moderator
Posts: 2881
Joined: Mon Sep 08, 2008 8:26 pm
Location: Toronto

Moderator

by: Radar Identified on
Sat Apr 07, 2012 10:14 pm

Well perhaps... but who gets to decide what a suitable place is? What if the one officer decides that it's okay to be towed into someone's private garage but another officer wants to tow it to Smash 'Er Up Wrecking Yard?
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


User avatar
Simon Borys
VIP
VIP
Posts: 1065
Joined: Fri Apr 30, 2010 10:20 am
Contact:

by: Simon Borys on
Sun Apr 08, 2012 1:41 am

Well I don't think that's any different than any other section of the HTA, or any other provincial or federal statute that affords an officer a broad level of discretion. The onus is on the officer to justify how their use of that discretion is reasonable.
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.




Post Reply
  • Similar Topics

Return to “General Talk”

Who is online

Users browsing this forum: No registered users and 12 guests