Search found 750 matches

by admin
Thu Jan 24, 2008 10:31 am
Forum: PART 4: Licences - Driver, Driving Instructor
Topic: Picking up passenger for compensation prohib w/o lic - 39.1
Replies: 0
Views: 4996

Picking up passenger for compensation prohib w/o lic - 39.1

Picking up passenger for compensation prohibited without licence, etc. - 39.1

(1) A driver of a motor vehicle other than a bus shall not pick up a passenger for the purpose of transporting him or her for compensation where a licence, permit or authorization is required to do so by,

(a) the Public Vehicles Act;

(b) a municipal by-law passed ...
by admin
Thu Jan 24, 2008 10:26 am
Forum: PART 4: Licences - Driver, Driving Instructor
Topic: Agreements with U.S. states - Section 40
Replies: 0
Views: 3297

Agreements with U.S. states - Section 40

Agreements with U.S. states - 40

(1) The Minister, with the approval of the Lieutenant Governor in Council, may enter into a reciprocal agreement with the government of any state of the United States of America providing for,

(a) the sanctioning by the licensing jurisdiction of drivers from that jurisdiction who commit offences in the other ...
by admin
Thu Jan 24, 2008 10:25 am
Forum: PART 4: Licences - Driver, Driving Instructor
Topic: Suspension on conviction for certain offences - Section 41
Replies: 0
Views: 11093

Suspension on conviction for certain offences - Section 41

Suspension on conviction for certain offences - 41

(1) Subject to subsections 41.1 (1), (2) and (3), the drivers licence of a person who is convicted of an offence,

(a) under section 220, 221 or 236 of the Criminal Code (Canada) committed by means of a motor vehicle or a street car within the meaning of this Act or a motorized snow vehicle ...
by admin
Thu Jan 24, 2008 10:23 am
Forum: PART 4: Licences - Driver, Driving Instructor
Topic: Suspension on: reinstatement, reduction, extension of - 41.1
Replies: 0
Views: 3744

Suspension on: reinstatement, reduction, extension of - 41.1

Suspension on: reinstatement, reduction, extension of conviction - 41.1

Reinstatement of suspended licence

(1) Where the Registrar is satisfied that a person whose drivers licence is suspended under clause 41 (1) (f) or (g) has completed the prescribed assessments and remedial programs that are applicable to the person, if any, and meets the ...
by admin
Thu Jan 24, 2008 10:20 am
Forum: PART 4: Licences - Driver, Driving Instructor
Topic: Reinstatement conditions, ignition interlock devices - 41.2
Replies: 0
Views: 5825

Reinstatement conditions, ignition interlock devices - 41.2

Reinstatement conditions, ignition interlock devices - 41.2

Reinstated licence subject to condition: first conviction

(1) If a persons drivers licence is suspended under section 41 as a result of a first conviction for an offence under section 253, 254 or 255 of the Criminal Code (Canada) and his or her drivers licence is reinstated under ...
by admin
Thu Jan 24, 2008 10:17 am
Forum: PART 4: Licences - Driver, Driving Instructor
Topic: Ignition interlock devices, further provisions - Sec 41.3
Replies: 0
Views: 3903

Ignition interlock devices, further provisions - Sec 41.3

Ignition interlock devices, further provisions - 41.3

Parties to judicial review

(1) The parties to any judicial review brought in respect of section 41.2 are the Registrar and the person whose drivers licence is subject to the condition prohibiting him or her from driving any motor vehicle that is not equipped with an approved ignition ...
by admin
Thu Jan 24, 2008 10:15 am
Forum: PART 4: Licences - Driver, Driving Instructor
Topic: Suspension for driving while disqualified - Section 42
Replies: 0
Views: 6954

Suspension for driving while disqualified - Section 42

Suspension for driving while disqualified - 42

(1) The drivers licence of a person who is convicted of an offence under subsection 259 (4) of the Criminal Code (Canada) or under a provision that is enacted by a state of the United States of America and that is designated by the regulations is thereupon suspended for a period of,

(a) upon the ...
by admin
Thu Jan 24, 2008 10:14 am
Forum: PART 4: Licences - Driver, Driving Instructor
Topic: Suspension while prohibited from driving - Section 43
Replies: 0
Views: 5091

Suspension while prohibited from driving - Section 43

Suspension while prohibited from driving - 43

(1) Where the licence of a person who is subject to an order made under section 259 of the Criminal Code (Canada), if the order is the result of an offence committed while operating a motor vehicle or street car within the meaning of this Act, a vessel within the meaning of section 48 or a motorized ...
by admin
Thu Jan 24, 2008 10:12 am
Forum: PART 4: Licences - Driver, Driving Instructor
Topic: Increased suspension time - Section 44
Replies: 0
Views: 3488

Increased suspension time - Section 44

Increased suspension time - 44

(1) Where an order is made under section 259 of the Criminal Code (Canada) or under subsection 41 (4) of this Act and the court or judge, when sentencing the offender or making the conviction, orders the imprisonment of the offender and that the period of prohibition or suspension, as the case may be, shall start ...
by admin
Thu Jan 24, 2008 10:11 am
Forum: PART 4: Licences - Driver, Driving Instructor
Topic: When driver may be disqualified - Section 45
Replies: 0
Views: 3249

When driver may be disqualified - Section 45

When driver may be disqualified - 45

A provincial judge or justice of the peace by whom a person is convicted of a contravention of this Act, if the person convicted is required to hold a drivers licence and does not hold the licence, may declare him or her disqualified to hold a licence for the time that the provincial judge or justice of the ...
by admin
Thu Jan 24, 2008 10:08 am
Forum: PART 4: Licences - Driver, Driving Instructor
Topic: Defaulted fine - Section 46
Replies: 0
Views: 15999

Defaulted fine - Section 46

Defaulted fine - 46

(1) This section applies if a fine is imposed on conviction for an offence and the offence is an offence,

(a) under this Act or the regulations;

(b) under any other Act listed in the Schedule to this section or under the regulations made under such an Act;

(c) under clause 17 (1) (a) or subsection 24 (1) of the Fish and ...
by admin
Thu Jan 24, 2008 10:06 am
Forum: PART 4: Licences - Driver, Driving Instructor
Topic: Suspension and cancellation of licence etc. general - Sec 47
Replies: 0
Views: 11472

Suspension and cancellation of licence etc. general - Sec 47

Suspension and cancellation of licence, etc., general - 47

(1) Subject to section 47.1, the Registrar may suspend or cancel,

(a) the plate portion of a permit as defined in Part II;

(b) a drivers licence; or

(c) a CVOR certificate,

on the grounds of,

(d) misconduct for which the holder is responsible, directly or indirectly, related to ...
by admin
Thu Jan 24, 2008 10:01 am
Forum: PART 4: Licences - Driver, Driving Instructor
Topic: Notice, proposed action s. 47 or safety concern - Sec 47.1
Replies: 0
Views: 4738

Notice, proposed action s. 47 or safety concern - Sec 47.1

Notice, proposed action s. 47 or safety concern - 47.1

Notice of proposed action, s. 47

(1) Before taking any action under clause 47 (1) (a) or (c) or subsection 47 (2), the Registrar shall notify the person whose plate portion of a permit or CVOR certificate is to be affected of his or her proposed action. 1996, c. 33, s. 8.

Notice of safety ...
by admin
Thu Jan 24, 2008 9:58 am
Forum: PART 4: Licences - Driver, Driving Instructor
Topic: Dishonoured payments - Section 47.2
Replies: 0
Views: 3089

Dishonoured payments - Section 47.2

Dishonoured payments - 47.2

(1) The Minister may refuse to issue, renew, replace or reinstate a drivers licence if any payment is dishonoured in respect of,

(a) a permit-related fee or drivers licence-related fee charged under this Act to the applicant for or holder of the licence;

(b) an administrative fee for handling a dishonoured payment ...
by admin
Thu Jan 24, 2008 9:55 am
Forum: PART 4: Licences - Driver, Driving Instructor
Topic: Breath testing, general - Section 48
Replies: 0
Views: 8088

Breath testing, general - Section 48

Breath testing, general - 48

(1) A police officer, readily identifiable as such, may require the driver of a motor vehicle or operator of a vessel to stop for the purpose of determining whether or not there is evidence to justify making a demand under section 254 of the Criminal Code (Canada). R.S.O. 1990, c. H.8, s. 48 (1); 2006, c. 20, s. 3 ...
by admin
Thu Jan 24, 2008 9:41 am
Forum: Crowding the driver's seat
Topic: Hmmm...
Replies: 3
Views: 4896

Re: Hmmm...

Yes your right, there is no legal obligation, but actually the prosecutor can lower your ticket if you simply ask. It will be by their own judgment to let you off or not. Thats why we recommend to take in your driving abstract and try to get the "mercy" so to speak, of the court system.

Sometimes if they see the officer has already lowered the ...
by admin
Thu Jan 24, 2008 9:22 am
Forum: PART 4: Licences - Driver, Driving Instructor
Topic: licence suspension for blood alcohol above .05 - Section 48
Replies: 0
Views: 5660

licence suspension for blood alcohol above .05 - Section 48

Administrative licence suspension for blood alcohol concentration above .05
Determining whether to make a demand - 48


(1) A police officer, readily identifiable as such, may require the driver of a motor vehicle to stop for the purpose of determining whether or not there is evidence to justify making a demand under section 254 of the Criminal ...
by admin
Thu Jan 24, 2008 9:18 am
Forum: PART 4: Licences - Driver, Driving Instructor
Topic: Breath testing, novice drivers - Section 48.1
Replies: 0
Views: 4240

Breath testing, novice drivers - Section 48.1

Breath testing, novice drivers Application of subss. (2), (3) and (4) - 48.1

(1) Subsections (2) and (3) apply and subsection (4) does not apply if the police officer who stops a novice driver uses one screening device for the purposes of section 48 and another screening device for the purposes of this section, and subsection (4) applies and ...
by admin
Thu Jan 24, 2008 9:15 am
Forum: PART 4: Licences - Driver, Driving Instructor
Topic: Breath testing, driver accompanying novice - Section 48.2
Replies: 0
Views: 3789

Breath testing, driver accompanying novice - Section 48.2

Breath testing, driver accompanying novice - 48.2

(1) Where a police officer has brought a novice driver to a stop under the authority of this Act, and the police officer reasonably suspects that the accompanying driver has alcohol in his or her body, the police officer may, for the purposes of determining whether the novice driver is in ...
by admin
Thu Jan 24, 2008 9:13 am
Forum: PART 4: Licences - Driver, Driving Instructor
Topic: Suspension of licence, alcohol testing - Section 48.3
Replies: 0
Views: 5662

Suspension of licence, alcohol testing - Section 48.3

Suspension of licence, alcohol testing - 48.3

(1) Where a police officer is satisfied that a person driving or having the care, charge or control of a motor vehicle or operating or having the care or control of a vessel meets one of the criteria set out in subsection (3), the officer shall notify the Registrar of that fact, or cause the ...
by admin
Thu Jan 24, 2008 6:03 am
Forum: PART 4: Licences - Driver, Driving Instructor
Topic: Proceedings before Tribunal - Section 49
Replies: 0
Views: 3000

Proceedings before Tribunal - Section 49

Proceedings before Tribunal - 49

Subsections 210 (7), (8), (11) and (13) apply with necessary modifications to proceedings before the Tribunal with respect to appeals to the Tribunal under this Act. 1999, c. 12, Sched. G, s. 24 (3).

Note: Despite the re-enactment of section 49 by the Statutes of Ontario, 1999, chapter 12, Schedule G, subsection ...
by admin
Thu Jan 24, 2008 6:01 am
Forum: PART 4: Licences - Driver, Driving Instructor
Topic: Appeal of suspension or cancellation of licence - Sec 50
Replies: 0
Views: 8498

Appeal of suspension or cancellation of licence - Sec 50

Appeal of suspension or cancellation of licence, etc. - 50

(1) Every person aggrieved by a decision of the Minister under subclause 32 (12) (b) (i) or a decision of the Registrar under section 17 or 47 may appeal the decision to the Tribunal. 2001, c. 9, Sched. O, s. 6 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor ...
by admin
Thu Jan 24, 2008 5:58 am
Forum: PART 4: Licences - Driver, Driving Instructor
Topic: Appeal of ninety-day suspension - Section 50.1
Replies: 0
Views: 3479

Appeal of ninety-day suspension - Section 50.1

Appeal of ninety-day suspension - 50.1

(1) A person whose drivers licence is suspended under section 48.3 may appeal the suspension to the Tribunal. 1996, c. 20, s. 10; 1999, c. 12, Sched. G, s. 24 (8).

Grounds for appeal

(2) The only grounds on which a person may appeal under subsection (1) and the only grounds on which the Tribunal may ...
by admin
Thu Jan 24, 2008 5:56 am
Forum: PART 4: Licences - Driver, Driving Instructor
Topic: Appeal of order to impound - Section 50.2
Replies: 0
Views: 3426

Appeal of order to impound - Section 50.2

Appeal of order to impound - 50.2

(1) The owner of a motor vehicle that is subject to an order to impound under section 55.1 may, upon paying the prescribed fee, appeal the order to the Tribunal. 1997, c. 12, s. 5; 1999, c. 12, Sched. G, s. 24 (12).

Parties

(2) The owner and the Registrar are the parties to an appeal under this section. 1997 ...
by admin
Thu Jan 24, 2008 5:54 am
Forum: PART 4: Licences - Driver, Driving Instructor
Topic: Appeal of order to impound/suspend, comm vehicle - Sec 50.3
Replies: 0
Views: 3778

Appeal of order to impound/suspend, comm vehicle - Sec 50.3

Appeal of order to impound and suspend, commercial motor vehicles - 50.3

(1) The owner of a commercial motor vehicle or trailer that is subject to an order to impound and suspend under section 82.1 may, upon paying the prescribed fee, appeal the order to the Tribunal. 1997, c. 12, s. 6; 1999, c. 12, Sched. G, s. 24 (14).

Parties

(2) The ...
by admin
Thu Jan 24, 2008 5:49 am
Forum: PART 4: Licences - Driver, Driving Instructor
Topic: Penalty driving vehicle permit suspended/cancelled - Sec 51
Replies: 0
Views: 3195

Penalty driving vehicle permit suspended/cancelled - Sec 51

Penalty for driving motor vehicle when permit suspended or cancelled - 51

Every person who drives a motor vehicle the permit for which is under suspension or has been cancelled is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $1,000 or to imprisonment for a term of not more than six months, or ...
by admin
Thu Jan 24, 2008 5:46 am
Forum: PART 4: Licences - Driver, Driving Instructor
Topic: Service of notice of licence suspension - Section 52
Replies: 0
Views: 5253

Service of notice of licence suspension - Section 52

Service of notice of licence suspension - 52

(1) Where a persons drivers licence is suspended, notice of the suspension is sufficiently given if delivered personally or,

(a) in the case of a suspension under section 41 or 42, sent by registered mail addressed to the person to whom the licence was issued at the latest current address of the ...
by admin
Thu Jan 24, 2008 5:45 am
Forum: PART 4: Licences - Driver, Driving Instructor
Topic: Driving while drivers licence suspended - Section 53
Replies: 0
Views: 11518

Driving while drivers licence suspended - Section 53

Driving while drivers licence suspended - 53

(1) Every person who drives a motor vehicle or street car on a highway while his or her drivers 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 ...
by admin
Thu Jan 24, 2008 5:43 am
Forum: PART 4: Licences - Driver, Driving Instructor
Topic: Permit or licence suspended does not hold licence - Sec 54
Replies: 0
Views: 3406

Permit or licence suspended does not hold licence - Sec 54

Where person whose permit or licence suspended does not hold permit or licence - 54

Where by or under the provisions of an Act of the Legislature or a regulation made thereunder a permit or licence is suspended and the person to whom the suspension applies is not the holder of a permit or licence, as the case may be, the person shall be deemed ...
by admin
Thu Jan 24, 2008 5:39 am
Forum: PART 4: Licences - Driver, Driving Instructor
Topic: Suspension on appeal - Section 55
Replies: 0
Views: 3402

Suspension on appeal - Section 55

Suspension on appeal - 55

If a person whose licence has been suspended enters an appeal against his or her conviction and serves notice of the appeal on the Registrar, the suspension is stayed from the time notice is served on the Registrar unless the conviction is sustained on appeal. R.S.O. 1990, c. H.8, s. 55; 1996, c. 33, s. 10.