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Suspension of licence, alcohol testing - Section 48.3
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PostPosted: Thu Jan 24, 2008 10:13 am 
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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 Registrar to be so notified, in the form and manner and within the time prescribed by the regulations. 1996, c. 20, s. 8; 2006, c. 20, s. 4 (1).

Suspension of driver’s licence for ninety days

(2) Upon being notified under subsection (1), the Registrar shall suspend a person’s driver’s licence for a period of ninety days. 1996, c. 20, s. 8.

No right to be heard

(2.1) A person has no right to be heard before or after the notification by the officer, or before or after the Registrar suspends the licence, but this subsection does not affect the taking of any proceeding in court. 1997, c. 12, s. 3 (1).

Criteria

(3) The criteria for the purpose of subsection (1) are:

1. The person is shown, by an analysis of breath or blood taken pursuant to a demand made under subsection 254 (3) of the Criminal Code (Canada) or pursuant to section 256 of the Criminal Code (Canada), to have a concentration of alcohol in his or her blood in excess of 80 milligrams in 100 millilitres of blood.

2. The person failed or refused to provide a breath or blood sample in response to a demand made under section 254 of the Criminal Code (Canada). 1996, c. 20, s. 8; 1997, c. 12, s. 3 (2).

Effective date

(4) The suspension takes effect from the time notice of the suspension is given, in accordance with section 52, to the person whose licence is suspended. 1996, c. 20, s. 8.

Surrender of licence

(5) If notice of the suspension is delivered personally to the person by a police officer, the officer may request the person to surrender his or her driver’s licence and, upon the request, the person shall forthwith surrender his or her driver’s licence to the police officer. 1996, c. 20, s. 8.

Same

(6) If notice of the suspension is given to the person by mail, the person shall forthwith surrender to the Registrar his or her driver’s licence, except the Photo Card portion of the licence, if the licence consists of a Photo Card and Licence Card. 1996, c. 20, s. 8.

Licence invalid

(7) Whether or not the person is unable or fails to surrender his or her driver’s licence under subsection (5) or (6), the licence is suspended and invalid for any purpose for a period of ninety days from the time notice is given to the person. 1996, c. 20, s. 8.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (7) is amended by the Statutes of Ontario, 2007, chapter 13, section 13 by striking out “and invalid for any purpose”. See: 2007, c. 13, ss. 13, 49 (2).

Photo Card portion returned

(8) Every police officer to whom a driver’s licence is surrendered under this section shall return the Photo Card portion of the licence to the person, if the licence consists of a Photo Card and Licence Card. 1996, c. 20, s. 8.

Licence delivered to Registrar

(9) A police officer who has notified the Registrar under subsection (1) or a police officer who has personally delivered notice of the suspension to the person shall, as soon as practicable, forward to the Registrar,

(a) the person’s driver’s licence, except the Photo Card portion, if the licence was surrendered to the police officer; and

(b) such other material or information as may be prescribed by the regulations. 1996, c. 20, s. 8.

Intent of suspension

(10) The suspension of a driver’s licence under this section is intended to safeguard the public and does not constitute an alternative to any proceeding or penalty arising from the same circumstances or around the same time. 1996, c. 20, s. 8.

Removal of vehicle

(11) If the motor vehicle of a person whose licence is suspended under this section is at a location from which, in the opinion of a police officer, it should be removed and there is no person available who may lawfully remove the vehicle, the officer may remove and store the vehicle or cause it to be removed and stored, in which case the officer shall notify the person of the location of the storage. 1996, c. 20, s. 8.

Cost of removal

(12) Where a police officer obtains assistance for the removal and storage of a motor vehicle under this section, the costs incurred in moving and storing the vehicle are a lien on the vehicle that may be enforced under the Repair and Storage Liens Act by the person who moved or stored the vehicle at the request of the officer. 1996, c. 20, s. 8.

Protection from personal liability

(13) No action or other proceeding for damages shall be instituted against the Registrar or any employee of the Ministry for the suspension of a licence in good faith in the execution or intended execution of a duty under this section. 1996, c. 20, s. 8.

Crown not relieved of liability

(14) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (13) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (13) to which it would otherwise be subject. 1996, c. 20, s. 8.

Regulations

(15) The Lieutenant Governor in Council may make regulations,

(a) respecting the form, manner and time within which the Registrar must be notified under subsection (1);

(b) respecting the information to be provided to persons whose licences are suspended under this section;

(c) prescribing other material or information to be forwarded to the Registrar under subsection (9). 1996, c. 20, s. 8.

Definitions

(16) In this section and in section 50.1,

“driver’s licence” includes a motorized snow vehicle operator’s licence and a driver’s licence issued by any other jurisdiction; (“permis de conduire”)

“motor vehicle” includes a street car and a motorized snow vehicle; (“véhicule automobile”)

“vessel” means a vessel within the meaning of section 214 of the Criminal Code (Canada). (“bateau”) 1996, c. 20, s. 8; 2006, c. 20, s. 4 (2).

Meaning of suspension for out-of-province licences

(17) With respect to a driver’s licence issued by another jurisdiction, instead of suspending the person’s driver’s licence, the Registrar shall suspend the person’s privilege to drive a motor vehicle in Ontario for a period of ninety days, and this section and section 50.1 apply to the suspension of that privilege with necessary modifications. 1996, c. 20, s. 8.


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