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.

(1.1) The Registrar may also notify an operator at any time if the Registrar has reason to believe that the operator may not operate a commercial motor vehicle safely or in accordance with this Act, the regulations or other laws relating to highway safety. 2001, c. 9, Sched. O, s. 5 (1).

(2) Notice under subsection (1) or (1.1), or withdrawal of such a notice, is sufficiently given,

(a) if it is delivered personally;

(b) if it is delivered by registered mail addressed to the person at the latest address for the person appearing on the Ministry records; or

(c) if it is sent by telephone transmission of a facsimile or by some other electronic or other transmission medium permitted by the regulations to the person at the latest facsimile number or other medium address for the person provided by the person to the Ministry. 1996, c. 33, s. 8; 2001, c. 9, Sched. O, s. 5 (2).

(3) Unless the person establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the persons control, receive the notice,

(a) notice given by registered mail shall be deemed to have been received on the fifth day after it was mailed;

(b) notice given by telephone transmission of a facsimile or by some other electronic or other transmission medium shall be deemed to have been received on the first business day after it was sent. 1996, c. 33, s. 8.

(4) If a notice under subsection (1) or (1.1) is issued to an operator, no person shall, without the consent of the Registrar, transfer or lease any commercial motor vehicle or trailer for which the operators name is on the vehicle or plate portion of the permit or do anything that will result in a change of name on the vehicle or plate portion of the permit for any such vehicle or trailer. 2001, c. 9, Sched. O, s. 5 (3).

(4.1) Subsection (4) is effective in respect of a notice under subsection (1) from the earlier of the date the notice is actually received by the operator and the date the notice is deemed by subsection (3) to have been received by the operator,

(a) in the case of a proposed suspension or fleet limitation, until the end of the suspension or fleet limitation;

(b) in the case of a proposed cancellation, forever. 2001, c. 9, Sched. O, s. 5 (3).

(4.2) Despite subsection (4.1), subsection (4) ceases to apply in respect of a notice under subsection (1),

(a) if the Registrar withdraws the proposal to suspend or cancel the plate portion of the permit or the CVOR certificate or to impose a fleet limitation; or

(b) if the suspension, cancellation or limitation is set aside on appeal. 2001, c. 9, Sched. O, s. 5 (3).

(5) Subsection (4) is effective in respect of a notice under subsection (1.1) from the earlier of the date the notice is actually received by the operator and the date the notice is deemed by subsection (3) to have been received by the operator,

(a) if a notice under subsection (1) is issued to the operator on or before the first anniversary of the date the notice under subsection (1.1) was issued, until the earlier of the date the notice under subsection (1) is actually received by the operator and the date the notice under subsection (1) is deemed by subsection (3) to have been received by the operator;

(b) if a notice under subsection (1) is not issued to the operator on or before the first anniversary of the date the notice under subsection (1.1) was issued, until the earlier of the date the Registrar withdraws the notice under subsection (1.1) or the first anniversary of the date the notice under subsection (1.1) was issued. 2001, c. 9, Sched. O, s. 5 (3).

(6) The Registrar shall not withhold consent under subsection (4) if the operator satisfies him or her that the transfer, lease or other action is not being made for the purpose of avoiding an action under clause 47 (1) (a) or (c) or subsection 47 (2). 2001, c. 9, Sched. O, s. 5 (3).

(7) The Lieutenant Governor in Council may, for the purpose of subsection (3), make regulations,

(a) prescribing other methods of transmission;

(b) governing the giving of notice by telephone transmission of a facsimile or by a method prescribed by clause (a). 1996, c. 33, s. 8.

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by the Statutes of Ontario, 2002, chapter 18, Schedule P, section 16 by adding the following section: