Commercial motor vehicles, enforcement, lease Sect. 20

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Commercial motor vehicles, enforcement, lease Sect. 20

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Commercial motor vehicles, enforcement of ss. 16-23, etc.

Retaining lease


20. (1) Every person who gives up possession of a commercial motor vehicle under a lease shall retain a copy of the lease in the person’s place of business for a period of one year after the termination of the lease. R.S.O. 1990, c. H.8, s. 20 (1); 2002, c. 18, Sched. P, s. 7.

Where contravention of subs. 16 (2) or 47 (8)

(2) A police officer who has reason to believe that a commercial motor vehicle is being operated in contravention of subsection 16 (2) or 47 (8) may,

(a) detain the vehicle at any location that is reasonable in the circumstances; and

(b) seize the permits and number plates for the vehicle,until the vehicle can be moved without a contravention of this Act occurring. R.S.O. 1990, c. H.8, s. 20 (2).

Permit suspended

(3) Every permit seized under subsection (2) shall be deemed to be under suspension for the purposes of section 51 while it is in the custody of the officer seizing it. R.S.O. 1990, c. H.8, s. 20 (3).

Lien

(4) The costs incurred in detaining a vehicle under subsection (2) are a lien on the vehicle, which may be enforced in the manner provided under Part III of the Repair and Storage Liens Act. R.S.O. 1990, c. H.8, s. 20 (4).

Court application

(5) The person entitled to possession of a vehicle that is detained or the permits or plates of which are seized under subsection (2) may apply to the Ontario Court (General Division) for an order that the vehicle be released or the permits and plates returned, as the case may be. R.S.O. 1990, c. H.8, s. 20 (5).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (5) is amended by the Statutes of Ontario, 1999, chapter 12, Schedule R, section 7 by striking out “Ontario Court (General Division)” and substituting “Superior Court of Justice”. See: 1999, c. 12, Sched. R, ss. 7, 21.

Security

(6) On an application being made under subsection (5), the Court may make the order applied for on condition that a security, for the payment of any fine imposed, in the amount that is determined by the Court but not exceeding $5,000 be deposited with the Court. R.S.O. 1990, c. H.8, s. 20 (6).

Return of security

(7) Every security deposited under subsection (6) shall be returned,

(a) upon a final acquittal under all charges arising in connection with the seizure or detention;

(b) where a charge is not laid within six months after the seizure or detention, on the expiration of the six-month period; or

(c) upon a conviction arising in connection with the seizure or detention, after withholding the amount of the fine. R.S.O. 1990, c. H.8, s. 20 (7).
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com


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