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

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

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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 owner and the Registrar are the parties to an appeal under this section. 1997, c. 12, s. 6.

Grounds for appeal


(3) The only grounds on which an owner may appeal under subsection (1) and the only grounds on which the Tribunal may set aside the order to impound and suspend are,

(a) that the commercial motor vehicle or trailer that is subject to the order was stolen at the time the order was made; or

(b) that the commercial motor vehicle or trailer had no critical defects at the time of the inspection under section 82.1. 1997, c. 12, s. 6; 1999, c. 12, Sched. G, s. 24 (14).

Effect of withdrawal of appeal


(4) If the owner withdraws the appeal after the Registrar has ordered the release of the vehicle pursuant to an order by the Ontario Court (General Division) under section 82.1, the Registrar shall order the owner of the commercial motor vehicle or trailer to return it, without any load, to an impound facility at a location and within the time specified in the Registrar’s order, failing which the security deposited in the Ontario Court (General Division) under section 82.1 shall be forfeited to the Crown. 1997, c. 12, s. 6.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (4) is amended by the Statutes of Ontario, 1999, chapter 12, Schedule R, subsection 10 (1) by striking out “Ontario Court (General Division)” wherever it occurs and substituting in each case “Superior Court of Justice”. See: 1999, c. 12, Sched. R, ss. 10 (1), 21.

Powers of Tribunal


(5) The Tribunal may confirm or set aside the order to impound and suspend. 1997, c. 12, s. 6; 1999, c. 12, Sched. G, s. 24 (14).

Notice of decision

(6) The Tribunal shall give written notice of its decision to the owner and the Registrar. 1997, c. 12, s. 6; 1999, c. 12, Sched. G, s. 24 (14).

Owner must return vehicle to impound facility if order confirmed

(7) If the Tribunal confirms the order, the Registrar shall order the owner of the commercial motor vehicle or trailer, if the vehicle had been previously released from the impound facility, to return it, without any load, to an impound facility at a location and within the time specified in the Registrar’s order and for the period set out in the original order to impound and suspend less the number of days the vehicle was impounded prior to its release under subsection 82.1 (24), failing which the security deposited in the Ontario Court (General Division) under section 82.1 shall be forfeited to the Crown. 1997, c. 12, s. 6; 1999, c. 12, Sched. G, s. 24 (14).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (7) is amended by the Statutes of Ontario, 1999, chapter 12, Schedule R, subsection 10 (2) by striking out “Ontario Court (General Division)” and substituting “Superior Court of Justice”. See: 1999, c. 12, Sched. R, ss. 10 (2), 21.

Registrar’s actions if order set aside

(8) If the Tribunal sets aside the order, the Registrar, upon receipt of the notice,

(a) shall issue an order to release the vehicle;

(b) shall reinstate the vehicle portion of the permit that was suspended;

(c) shall pay the owner the amount incurred by the owner, as a result of the order to impound and suspend, for removing and impounding the vehicle, not including any amount for economic losses;

(d) shall pay the operator of the vehicle the amount incurred by the operator, as a result of the order to impound and suspend, for removing the load from the vehicle, not including any amount for economic losses. 1997, c. 12, s. 6; 1999, c. 12, Sched. G, s. 24 (14).

Vehicle cannot be operated until made safe

(9) Despite the fact that an order to impound and suspend is set aside and the vehicle portion of the permit is reinstated, no person shall drive or operate on a highway the vehicle that was the subject of the order until it has been placed in a safe condition. 1997, c. 12, s. 6.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (9) is amended by the Statutes of Ontario, 1999, chapter 12, Schedule R, subsection 10 (3) by striking out “until it has been placed in a safe condition” and substituting “until all defects prescribed under section 82 have been repaired and the vehicle is in a safe condition”. See: 1999, c. 12, Sched. R, ss. 10 (3), 21.

Decision final

(10) The decision of the Tribunal under this section is final and binding. 1997, c. 12, s. 6; 1999, c. 12, Sched. G, s. 24 (14).

Impoundment not stayed

(11) Despite the Statutory Powers Procedure Act, the filing of an appeal under this section does not suspend or terminate the order to impound and suspend under section 82.1. 1997, c. 12, s. 6.

(12) Repealed: 1999, c. 12, Sched. G, s. 24 (15).

Definitions

(13) In this section,

“commercial motor vehicle”, “operator”, “owner” and “permit” have the same meanings as in section 82.1. (“véhicule utilitaire”, “utilisateur”, “propriétaire”, “certificat d’immatriculation”) 1997, c. 12, s. 6.


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