Permit requirements Sect. 7

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Permit requirements Sect. 7

by: racer on
Wed Feb 18, 2009 5:30 pm

Permit requirements

7. (1) No person shall drive a motor vehicle on a highway unless,

(a) there exists a currently validated permit for the vehicle;

(b) there are displayed on the vehicle, in the prescribed manner,

(i) number plates issued in accordance with the regulations showing the number of the permit issued for the vehicle, or

(ii) number plates described in subsection (7.2) if the vehicle is an historic vehicle and the Ministry has issued a currently validated permit for it; and

(c) evidence of the current validation of the permit is affixed, in the prescribed manner, to,

(i) one of the number plates mentioned in subclause (b) (i) displayed on the vehicle, or

(ii) to a mini-plate attached to the number plate exposed on the rear of the vehicle, if number plates described in subsection (7.2) are displayed on the vehicle. R.S.O. 1990, c. H.8, s. 7 (1); 2000, c. 29, s. 1 (1).

Historic vehicle

(1.1) In this section,

“historic vehicle” means a motor vehicle that,

(a) is at least 30 years old, and

(b) is substantially unchanged or unmodified from the original manufacturer’s product. 2000, c. 29, s. 1 (2).

Self-propelled implement of husbandry

(2) Subsection (1) applies to a self-propelled implement of husbandry that is operated on a highway other than when travelling from farm to farm in relation to the specific use for which it was manufactured, designed, redesigned, converted or reconstructed or in travelling to or from such places as may be necessary for the maintenance or repair of the vehicle. R.S.O. 1990, c. H.8, s. 7 (2).

Exemptions for cls. (1) (b, c)

(3) Clauses (1) (b) and (c) do not apply in respect of a motor vehicle for which the permit is a CAVR cab card or an IRP cab card. 1999, c. 12, Sched. R, s. 2 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is repealed by the Statutes of Ontario, 1999, chapter 12, Schedule R, subsection 2 (2) and the following substituted:

Exemptions for cls. (1) (b, c)


(3) Clauses (1) (b) and (c) do not apply in respect of a motor vehicle for which the permit is an IRP cab card. 1999, c. 12, Sched. R, s. 2 (2).

See: 1999, c. 12, Sched. R, ss. 2 (2), 21.

Permit for trailer


(4) No person shall draw a trailer on a highway unless,

(a) there exists a permit for the trailer; and

(b) there is displayed on the trailer, in the prescribed manner, a number plate showing the number of the permit issued for the trailer. R.S.O. 1990, c. H.8, s. 7 (4).

Permit to be carried

(5) Subject to subsection (6), every driver of a motor vehicle on a highway shall carry,

(a) the permit for it or a true copy thereof; and

(b) where the motor vehicle is drawing a trailer, the permit for the trailer or a true copy thereof,

and shall surrender the permits or copies for inspection upon the demand of a police officer. R.S.O. 1990, c. H.8, s. 7 (5).

Same

(6) Where a permit is a CAVR cab card or an IRP cab card, the requirements of subsection (5) apply to the original permit and not to a copy and to the permit from the jurisdiction that issued the number plates for the vehicle. 1999, c. 12, Sched. R, s. 2 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (6) is repealed by the Statutes of Ontario, 1999, chapter 12, Schedule R, subsection 2 (4) and the following substituted:

Same


(6) Where a permit is an IRP cab card, the requirements of subsection (5) apply to the original permit and not to a copy and to the permit from the jurisdiction that issued the number plates for the vehicle. 1999, c. 12, Sched. R, s. 2 (4).

See: 1999, c. 12, Sched. R, ss. 2 (4), 21.

Issuance of permits and number plates


(7) The Ministry may issue a permit of any prescribed class, number plates and evidence of validation to any person who meets the requirements of this Act and the regulations. R.S.O. 1990, c. H.8, s. 7 (7).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (7) is amended by the Statutes of Ontario, 2002, chapter 22, section 96 by adding “and the requirements of the Compulsory Automobile Insurance Act” at the end. See: 2002, c. 22, ss. 96, 102 (2).

Permit for historic vehicle


(7.1) If the Ministry issues a permit to an applicant for an historic vehicle and the applicant is in possession of number plates described in subsection (7.2), the number of the permit shall be the same as the number shown on those number plates. 2000, c. 29, s. 1 (2).

Number plates for historic vehicle

(7.2) Subsection (7.1) applies to number plates that,

(a) are Ontario number plates that were issued during the year of manufacture of the motor vehicle;

(b) are in a condition satisfactory to the Ministry; and

(c) show no numbers that duplicate the number of any other existing permit. 2000, c. 29, s. 1 (2).

Use of plates

(8) The Ministry may authorize number plates in an applicant’s possession for use on a vehicle. R.S.O. 1990, c. H.8, s. 7 (8).

Refusal to validate

(9) Validation of a permit may be refused where the permit holder is indebted to the Minister of Finance in respect of a vehicle-related fee or tax or in respect of a penalty imposed under this Act. R.S.O. 1990, c. H.8, s. 7 (9); 1994, c. 27, s. 138 (4); 2006, c. 33, Sched. M, s. 2 (1).

No permit validation when fines unpaid

(10) Where a permit holder is in default of payment of a fine imposed for a parking infraction or of a fine imposed upon conviction of an offence under subsection 39.1 (2), an order or direction may be made under section 69 of the Provincial Offences Act directing that validation of that person’s permit and issuance of a new permit to that person shall be refused until the fine is paid. 2005, c. 26, Sched. A, s. 1.

No permit issued when fines unpaid

(11) Where a person who is not a permit holder is in default of payment of a fine imposed for a parking infraction or of a fine imposed upon conviction of an offence under subsection 39.1 (2), an order or direction may be made under section 69 of the Provincial Offences Act directing that the issuance of a permit shall be refused to that person until the fine is paid. 2005, c. 26, Sched. A, s. 1.

No permit when photo-radar fine unpaid

(11.1) If an owner of a vehicle is in default of payment of a fine imposed for a conviction based on evidence obtained through the use of a photo-radar system, an order or direction may be made under section 69 of the Provincial Offences Act directing that,

(a) if the owner holds a permit, validation of that owner’s permit be refused until the fine is paid; or

(b) if the owner does not hold a permit, the issuance of a permit be refused until the fine is paid. 1993, c. 31, s. 2 (3).

No permit when red light camera fine unpaid

(11.2) If an owner of a vehicle is in default of payment of a fine imposed for a conviction based on evidence obtained through the use of a red light camera system, an order or direction may be made under section 69 of the Provincial Offences Act directing that,

(a) if the owner holds a permit, validation of that owner’s permit be refused until the fine is paid; or

(b) if the owner does not hold a permit, the issuance of a permit be refused until the fine is paid. 1998, c. 38, s. 1 (1).

No permit when owner’s fine for passing school bus unpaid

(11.3) If an owner of a vehicle is in default of payment of a fine imposed for a conviction of an offence under subsection 175 (19) or (20), an order or direction may be made under section 69 of the Provincial Offences Act directing that,

(a) if the owner holds a permit, validation of that owner’s permit be refused until the fine is paid; or

(b) if the owner does not hold a permit, the issuance of a permit be refused until the fine is paid. 2004, c. 22, s. 1 (1).

Exception to permit denials

(12) If a person holds more than one permit and an order or direction in respect of that person is made under section 69 of the Provincial Offences Act pursuant to this section, the order or direction shall not apply so as to prevent validation of any permit in respect of which the numbered plate evidencing current validation of the permit had not been displayed on the vehicle involved in the infraction. 2004, c. 22, s. 1 (2).

Firefighters

(12.1) On application by a person who meets the requirements of this Act and the regulations and who is a firefighter under the Fire Protection and Prevention Act, 1997, the Ministry or a person authorized by the Ministry may issue to the applicant a sticker, that indicates that the vehicle is registered to or leased by a firefighter, to be attached to the lower left hand corner of the front number plate of any motor vehicle of which the person is the registered owner or lessee. 1993, c. 8, s. 1; 2006, c. 19, Sched. T, s. 4 (1).

Same

(12.2) For the purposes of this section,

“firefighter” includes a volunteer or full-time firefighter. 1993, c. 8, s. 1.

Same

(12.3) A person to whom a sticker has been issued under subsection (12.1) shall not display the sticker upon ceasing to be a firefighter under the Fire Protection and Prevention Act, 1997 or upon ceasing to meet the requirements prescribed by the regulations. 1993, c. 8, s. 1; 2006, c. 19, Sched. T, s. 4 (2).

Regulations

(12.4) The Lieutenant Governor in Council may make regulations respecting the issuance, replacement and cancellation of a sticker referred to in subsection (12.1). 1993, c. 8, s. 1.

Records

(13) The Ministry shall maintain,

(a) a numerical index record of all permits issued and in force under this section; and

(b) an alphabetical index record of the names and addresses of all persons to whom permits that are in force have been issued. R.S.O. 1990, c. H.8, s. 7 (13).

Effective term of permit

(14) A permit that is issued or validated is in force during the period of time prescribed by the regulations. R.S.O. 1990, c. H.8, s. 7 (14).

One permit only

(15) No person shall apply for, secure or retain in the person’s possession more than one permit bearing the same plate number or describing the same vehicle. R.S.O. 1990, c. H.8, s. 7 (15).

Minister may refuse to issue or validate or may cancel permit

(16) The Minister may, in his or her discretion, refuse to issue or validate or may cancel any permit issued for any motor vehicle or trailer that is to be used or is used as a public vehicle within the meaning of the Public Vehicles Act, unless the owner of such motor vehicle or trailer is in possession of an operating licence as required by that Act. 2002, c. 18, Sched. P, s. 1.

(17) Repealed: 2002, c. 22, s. 97 (1).

(18)-(20) Repealed: 2002, c. 22, s. 97 (2).

Retaining portion of fee


(21) Despite section 2 of the Financial Administration Act, any person who issues permits or provides any other service in relation to permits 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. 7 (21).

Permit documentation

(22) Before the issuance or validation of a permit under this section, the Minister may require production of the documentation that the Minister considers necessary to enable him or her to determine whether a permit may be issued or validated and that documentation may be different for different vehicles or classes of vehicles or in respect of the same vehicles or classes of vehicles used for different purposes. R.S.O. 1990, c. H.8, s. 7 (22).

Administration of declarations and affidavits


(23) Declarations or affidavits in connection with the issuance of permits and licences under this Act or required by the Ministry in that regard may be taken before any person having authority to administer oaths or before any person specially authorized for that purpose by the Lieutenant Governor in Council, but any person so specially authorized shall not charge any fee therefor. R.S.O. 1990, c. H.8, s. 7 (23).

Regulations re permits and number plates

(24) The Lieutenant Governor in Council may make regulations respecting any matter ancillary to the provisions of this Part with respect to permits and number plates and in particular,

(a) prescribing forms for the purposes of this section and requiring their use;

(b) respecting the issuance and validation of permits and the issuance of number plates;

(c) prescribing the period of time or the method of determining the period of time during which permits shall be in force that are issued or validated for motor vehicles or trailers or any class or type of either of them;

(d) prescribing fees for the issuance, validation and replacement of permits and number plates and of evidence of validation of permits;

(e) governing the manner of displaying number plates on motor vehicles and trailers or any class or type of either of them;

(f) governing the method of validating permits and the form of and manner of affixing, displaying or showing evidence of the validation of permits on motor vehicles;

(g) respecting permits and number plates for use, on a temporary basis, on motor vehicles or trailers owned by or in the possession of,

(i) vehicle manufacturers, or

(ii) vehicle dealers,

where the vehicles are kept for sale only and prescribing conditions under which the vehicles may be operated on the highway;

(h) respecting permits and number plates for use, on a temporary basis, on motor vehicles or trailers owned by or in the possession of persons in the business of repairing, road testing, customizing, modifying or transporting vehicles where the vehicles are not kept for private use or for hire and prescribing conditions under which the vehicles may be operated on the highway;

(i) prescribing when a permit becomes valid;

(j) classifying persons and vehicles and exempting any class of person or any class of vehicle from any requirement in this Part or any regulation made under this Part and prescribing conditions for any such exemptions;

(k) requiring the surrender of number plates;

(l) classifying permits, providing for the issuing or validating of any class of permit and the requirements therefor and for the issuing of number plates and evidence of validation and the requirements therefor;

(m) prescribing requirements for the purposes of subsections 11 (3) and (4);

(n) prescribing conditions precedent or subsequent for the issuing or validating of any class of permit or number plate or the issuing of any evidence of validation;

(o) prescribing the criteria for the issuance, retention and return of a number plate bearing a requested number. R.S.O. 1990, c. H.8, s. 7 (24); 1994, c. 27, s. 138 (5); 2006, c. 33, Sched. M, s. 2 (2).
"The more laws, the less justice" - Marcus Tullius Cicero
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