Drivers licence - Section 32

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Drivers licence - Section 32

by: admin on
Thu Jan 24, 2008 10:46 am

Drivers licence - 32

(1) No person shall drive a motor vehicle on a highway unless the motor vehicle is within a class of motor vehicles in respect of which the person holds a drivers licence issued to him or her under this Act. R.S.O. 1990, c. H.8, s. 32 (1).

Idem

(2) No person shall drive a street car on a highway unless he or she holds a drivers licence. R.S.O. 1990, c. H.8, s. 32 (2).

Air brake endorsement

(3) No person shall drive, on a highway, a vehicle equipped with air brakes unless the licence of that person is endorsed to permit the driving of a vehicle of that class equipped with air brakes. R.S.O. 1990, c. H.8, s. 32 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule P, subsection 12 (1) and the following substituted:

Endorsement required

(3) No person shall drive on a highway a type of motor vehicle or combination of vehicles for which the regulations require a drivers licence endorsement or in circumstances for which the regulations require a drivers licence endorsement unless the persons drivers licence permits him or her to drive that class of motor vehicle or combination of vehicles and is endorsed to permit him or her to drive that type of motor vehicle or combination of vehicles or to drive in those circumstances, as the case may be. 2002, c. 18, Sched. P, s. 12 (1).

See: 2002, c. 18, Sched. P, ss. 12 (1), 46 (1).

Idem

(4) The Minister shall endorse the drivers licence of every person who applies therefor and meets the requirements prescribed by the regulations with the endorsement referred to in subsection (3). R.S.O. 1990, c. H.8, s. 32 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (4) is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule P, subsection 12 (1). See: 2002, c. 18, Sched. P, ss. 12 (1), 46 (1).

Issuance of licence

(5) The Minister may issue a drivers licence to any person who meets the requirements of this Act and the regulations authorizing the person to drive on a highway,

(a) any motor vehicle within a class or classes of motor vehicles;

(b) subject to any conditions or endorsements; and

(c) for the period of time,

prescribed by the regulations and set out or referred to in the licence. R.S.O. 1990, c. H.8, s. 32 (5).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (5) is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule P, subsection 12 (1) and the following substituted:

Issuance of drivers licence, endorsements

(5) The Minister may require an applicant for a drivers licence or an endorsement or a person who holds a drivers licence to submit to the examinations that are authorized by the regulations at the times and places required by the Minister and to meet other prescribed requirements, and the Minister may,

(a) in the case of an applicant for a drivers licence,

(i) issue the drivers licence of the class and subject to the conditions authorized by the regulations that, in the opinion of the Minister, are justified by the results of the examinations and other prescribed requirements, or

(ii) where the applicant fails to submit to or to successfully complete the examinations or fails to meet the other prescribed requirements, refuse to issue a drivers licence to the applicant;

(b) in the case of a person who holds a drivers licence,

(i) impose the conditions authorized by the regulations, remove any conditions or endorsements or change the class or classes of drivers licence held by the person, in accordance with the results of the examinations and other prescribed requirements, or

(ii) where the person fails to submit to or to successfully complete the examinations or fails to meet the other prescribed requirements, impose the conditions authorized by the regulations, remove any endorsements, suspend or cancel the drivers licence held by the person or change the class or classes of drivers licence held by the person;

(c) in the case of a person who holds a drivers licence and who is an applicant for an endorsement,

(i) grant the endorsements authorized by the regulations that, in the opinion of the Minister, are justified by the results of the examinations and other prescribed requirements, or

(ii) where the person fails to submit to or to successfully complete the examinations or fails to meet the other prescribed requirements, refuse to grant the endorsements applied for. 2002, c. 18, Sched. P, s. 12 (1).

See: 2002, c. 18, Sched. P, ss. 12 (1), 46 (1).

Retaining portion of fee

(6) Despite section 2 of the Financial Administration Act, any person who issues licences or provides any other service in relation to licences on behalf of the Minister, pursuant to an agreement with the Minister, may retain, from the fee paid, the amount that is approved by the Minister from time to time. R.S.O. 1990, c. H.8, s. 32 (6).

Contingent validity

(7) Where a drivers licence issued under subsection (5) has been suspended, it is not valid for purposes of subsection (1) until the prescribed administrative fee for its reinstatement has been paid. R.S.O. 1990, c. H.8, s. 32 (7).

(8) Repealed: 2002, c. 18, Sched. P, s. 12 (2).

Driving in breach of condition prohibited

(9) No person shall drive a motor vehicle on a highway while contravening a condition contained in his or her drivers licence or imposed by the regulations. R.S.O. 1990, c. H.8, s. 32 (9).

Responsibility of owner of motor vehicle

(10) No person who is the owner or is in possession or control of a motor vehicle shall permit any person to drive the motor vehicle on a highway unless that person holds a drivers licence issued in respect of the class of motor vehicles to which the motor vehicle belongs. R.S.O. 1990, c. H.8, s. 32 (10).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (10) is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule P, subsection 12 (3) and the following substituted:

Responsibility of owner

(10) No person who is the owner or is in possession or control of a motor vehicle or combination of vehicles shall permit any person to drive the motor vehicle or combination of vehicles on a highway unless that person holds a drivers licence for the class of motor vehicles or combination of vehicles to which the motor vehicle or combination of vehicles belongs. 2002, c. 18, Sched. P, s. 12 (3).

Same

(10.1) No person who is the owner or is in possession or control of a motor vehicle or combination of vehicles shall permit any person to drive the motor vehicle or combination of vehicles on a highway where to do so would contravene a condition on the persons drivers licence. 2002, c. 18, Sched. P, s. 12 (3).

See: 2002, c. 18, Sched. P, ss. 12 (3), 46 (1).

Idem

(11) No person who is the owner or is in possession or control of a motor vehicle equipped with air brakes shall permit any person to drive the vehicle on a highway unless the licence of that person is endorsed to permit the driving of a vehicle equipped with air brakes. R.S.O. 1990, c. H.8, s. 32 (11).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (11) is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule P, subsection 12 (3) and the following substituted:

Same

(11) No person who is the owner or is in possession or control of a motor vehicle or combination of vehicles shall permit any person to drive the motor vehicle or combination of vehicles on a highway unless that person holds a drivers licence containing any endorsements that are required to drive that motor vehicle or combination of vehicles under the circumstances in which the person will be driving. 2002, c. 18, Sched. P, s. 12 (3).

See: 2002, c. 18, Sched. P, ss. 12 (3), 46 (1).

Same, novice drivers

(11.1) No person who is the owner or is in possession or control of a motor vehicle shall permit a novice driver, as defined under section 57.1, to drive the motor vehicle on a highway while contravening a condition or restriction imposed upon the novice driver by the regulations. 1993, c. 40, s. 2 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (11.1) is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule P, subsection 12 (4) and the following substituted:

Same, novice drivers

(11.1) No person who is the owner or is in possession or control of a motor vehicle or combination of vehicles shall permit a novice driver, as defined under section 57.1, to drive the motor vehicle or combination of vehicles on a highway while contravening a condition or restriction imposed upon the novice driver by the regulations. 2002, c. 18, Sched. P, s. 12 (4).

See: 2002, c. 18, Sched. P, ss. 12 (4), 46 (1).

Examinations

(12) An applicant for a drivers licence or a person who holds a drivers licence shall submit to the examinations that are authorized by the regulations relating to this section and required by the Minister at the times and places that the Minister may require and the Minister may,

(a) in the case of an applicant for a drivers licence,

(i) issue the licence subject to the conditions or endorsements authorized by the regulations and in respect of the class or classes of motor vehicles that in the opinion of the Minister are justified by the results of the examinations, or

(ii) where the applicant fails to submit to or to successfully complete the examinations, refuse to issue a drivers licence to the applicant; or

(b) in the case of a person who holds a drivers licence,

(i) impose or remove the conditions or endorsements authorized by the regulations or change the class or classes of motor vehicles in respect of which the licence is issued in accordance with the results of the examinations, or

(ii) where the person fails to submit to or to successfully complete the examinations, suspend or cancel the drivers licence held by the person. R.S.O. 1990, c. H.8, s. 32 (12).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (12) is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule P, subsection 12 (5). See: 2002, c. 18, Sched. P, ss. 12 (5), 46 (1).

Applicant for drivers licence may be photographed

(13) The Minister may require as a condition for issuing a drivers licence that the applicant therefor submit to being photographed by equipment provided by the Ministry. R.S.O. 1990, c. H.8, s. 32 (13).

Regulations

(14) The Lieutenant Governor in Council may make regulations relating to this section,

(a) prescribing classes of motor vehicles;

(b) prescribing the term of validity of drivers licences;

(c) prescribing conditions that shall apply to drivers licences or any class or classes of drivers licences;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (c) is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule P, subsection 12 (6) and the following substituted:

(c) prescribing conditions that may be imposed on a drivers licence or on a class or classes of drivers licences;

See: 2002, c. 18, Sched. P, ss. 12 (6), 46 (1).

(d) prescribing classes of drivers licences;

(e) respecting practical and written driving examinations, and mental and physical, including ophthalmic and auditory, examinations for applicants for and holders of drivers licences;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (e) is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule P, subsection 12 (7) and the following substituted:

(e) respecting practical and written driving examinations, mental examinations and physical examinations, including ophthalmic and auditory examinations, for applicants for and holders of drivers licences and endorsements;

See: 2002, c. 18, Sched. P, ss. 12 (7), 46 (1).

(f) prescribing the qualifications of applicants for and holders of drivers licences or any class or classes of drivers licences and authorizing the Minister to waive the qualifications that are specified in the regulations under the circumstances prescribed therein;

(g) respecting documents required to be filed with the Ministry prior to the issuance of a drivers licence or any class or classes of drivers licences or as a condition of retention thereof by the holder of a drivers licence;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (g) is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule P, subsection 12 (8) and the following substituted:

(g) prescribing the requirements to be met by an applicant for a drivers licence;

See: 2002, c. 18, Sched. P, ss. 12 (8), 46 (1).

(h) prescribing the requirements to be met by an applicant for an endorsement to a drivers licence for any class of vehicle. R.S.O. 1990, c. H.8, s. 32 (14).

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (h) is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule P, subsection 12 (8) and the following substituted:

(h) prescribing types of motor vehicles or of combinations of vehicles for which endorsements are required and prescribing the endorsements;

See: 2002, c. 18, Sched. P, ss. 12 (8), 46 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (14) is amended by the Statutes of Ontario, 2002, chapter 18, Schedule P, subsection 12 (8) by adding the following clauses:

(i) prescribing the circumstances for which endorsements are required and prescribing the endorsements;

(j) prescribing the requirements to be met by a person applying for an endorsement;

(k) prescribing the requirements to be met by a person for a condition to be removed from his or her drivers licence;

(l) prescribing the qualifications of applicants for and holders of endorsements and authorizing the Minister to waive the qualifications that are specified in the regulations under the circumstances prescribed in the regulations;

(m) respecting documents required to be filed with the Ministry prior to the issuance of a drivers licence or any class or classes of drivers licences or prior to granting an endorsement or as a requirement for retaining a drivers licence or endorsement by the holder of a drivers licence;

(n) prescribing the kinds of decisions under subsection (5) which an applicant or person who holds a drivers licence may appeal under section 50;

(o) respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out the intent and purpose of this section.

See: 2002, c. 18, Sched. P, ss. 12 (8), 46 (1).

Documents privileged

(15) Documents filed with the Ministry relating to mental and physical, including ophthalmic and auditory, examinations pursuant to this section are privileged for the information of the Ministry only and shall not be open for public inspection. R.S.O. 1990, c. H.8, s. 32 (15).

Penalty

(16) Every person who contravenes subsection (1), (2), (3), (10), (11) or (11.1) is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $1,000. R.S.O. 1990, c. H.8, s. 32 (16); 1993, c. 40, s. 2 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (16) is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule P, subsection 12 (9) and the following substituted:

Penalty

(16) Every person who contravenes subsection (1), (2), (3), (10), (10.1), (11) or (11.1) is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $1,000. 2002, c. 18, Sched. P, s. 12 (9).

See: 2002, c. 18, Sched. P, ss. 12 (9), 46 (1).

Penalty commercial motor vehicle

(17) Despite subsection (16), every person who contravenes subsection (1), (3), (9) or (10) is guilty of an offence and, if the offence was committed by means of a commercial motor vehicle within the meaning of subsection 16 (1), on conviction is liable to a fine of not less than $200 and not more than $20,000. 1996, c. 20, s. 3.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (17) is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule P, subsection 12 (10) and the following substituted:

Penalty commercial motor vehicle

(17) Despite subsection (16), every person who contravenes subsection (1), (3), (9), (10), (10.1), (11) or (11.1) is guilty of an offence and, if the offence was committed by means of a commercial motor vehicle within the meaning of subsection 16 (1), on conviction is liable to a fine of not less than $200 and not more than $20,000. 2002, c. 18, Sched. P, s. 12 (10).

See: 2002, c. 18, Sched. P, ss. 12 (10), 46 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 32 is amended by the Statutes of Ontario, 2002, chapter 18, Schedule P, subsection 12 (11) by adding the following subsection:

Limitation on drivers licence

(18) For greater certainty, a person who holds a drivers licence to drive a class of motor vehicle may nevertheless be restricted to driving a type of motor vehicle or combination of vehicles within that class of motor vehicle,

(a) by a condition prescribed under clause (14) (c) that is imposed on the persons licence; or

(b) by the absence of an endorsement prescribed under clause (14) (h) or (i) on the persons licence. 2002, c. 18, Sched. P, s. 12 (11).

See: 2002, c. 18, Sched. P, ss. 12 (11), 46 (1).
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