Highway Traffic Act, R.S.O. 1990, c. H.8

Amended by: 1992, c. 20, s. 2; 1993, c. 8; 1993, c. 13, s. 1; 1993, c. 18; 1993, c. 27, Sched.; 1993, c. 31, s. 2; 1993, c. 34; 1993, c. 40; 1994, c. 27, s. 138; 1994, c. 28; 1994, c. 29; 1994, c. 35; 1996, c. 1, Sched. E, s. 2; 1996, c. 9, s. 26; 1996, c. 20; 1996, c. 31, ss. 68-71; 1996, c. 32, s. 71; 1996, c. 33, ss. 1-17; 1997, c. 4, s. 81; 1997, c. 12; 1997, c. 26, Sched.; 1997, c. 41, s. 120; 1998, c. 5, ss. 25-27; 1998, c. 6; 1998, c. 18, Sched. G, s. 56; 1998, c. 28, s. 67; 1998, c. 35, s. 103; 1998, c. 38; 1999, c. 8, s. 7; 1999, c. 12, Sched. B, s. 9; 1999, c. 12, Sched. G, s. 24; 1999, c. 12, Sched. R, ss. 1-19; 1999, c. 13; 2000, c. 15; 2000, c. 26, Sched. O; 2000, c. 29; 2000, c. 30, s. 10; 2000, c. 35; 2001, c. 4, s. 4; 2001, c. 9, Sched. O; 2001, c. 13, s. 18; 2001, c. 32, s. 26.

(a) not less than 50 per cent of the frontage upon one side of the highway for a distance of not less than 200 metres is occupied by dwellings, buildings used for business purposes, schools or churches,

(b) not less than 50 per cent of the frontage upon both sides of the highway for a distance of not less than 100 metres is occupied by dwellings, buildings used for business purposes, schools or churches, or

(c) not more than 200 metres of the highway separates any territory described in clause (a) or (b) from any other territory described in clause (a) or (b),

"bus" means a motor vehicle designed for carrying ten or more passengers and used for the transportation of persons; ("autobus")

"chauffeur" means a person who operates a motor vehicle and receives compensation therefor; ("chauffeur")

"commercial motor vehicle" means a motor vehicle having permanently attached thereto a truck or delivery body and includes ambulances, hearses, casket wagons, fire apparatus, buses and tractors used for hauling purposes on the highways; ("véhicule utilitaire")

"conversion unit" means a mechanical device consisting of a single axle designed to convert a two-axle vehicle into a three-axle vehicle; ("essieu relevable")

"conviction" includes a disposition made under the Young Offenders Act (Canada); ("déclaration de culpabilité")

"crosswalk" means,

"Deputy Minister" means the Deputy Minister of Transportation; ("sous-ministre")

"driver" means a person who drives a vehicle on a highway; ("conducteur")

"driver's licence" means a licence issued under section 32 to drive a motor vehicle on a highway; ("permis de conduire")

"farm tractor" means a self-propelled vehicle designed and used primarily as a farm implement for drawing ploughs, mowing-machines and other implements of husbandry and not designed or used for carrying a load; ("tracteur agricole")

"garage" means every place or premises where motor vehicles are received for housing, storage or repairs for compensation; ("garage")

"gross weight" means the combined weight of vehicle and load; ("poids brut")

"highway" includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof; ("voie publique")

"intersection" means the area embraced within the prolongation or connection of the lateral curb lines or, if none, then of the lateral boundary lines of two or more highways that join one another at an angle, whether or not one highway crosses the other; ("intersection")

"King's Highway" includes the secondary highways and tertiary roads designated under the Public Transportation and Highway Improvement Act; ("route principale")

"median strip" means the portion of a highway so constructed as to separate traffic travelling in one direction from traffic travelling in the opposite direction by a physical barrier or a raised or depressed paved or unpaved separation area that is not intended to allow crossing vehicular movement; ("terre-plein central")

"Minister" means the Minister of Transportation; ("ministre")

"Ministry" means the Ministry of Transportation; ("ministère")

"mobile home" means a vehicle, other than a motor vehicle, that is designed and used as a residence or working accommodation unit and exceeds 2.6 metres in width or eleven metres in length; ("maison mobile")

"motor assisted bicycle" means a bicycle,

(2) Where in this Act the Minister, a provincial judge, a justice of the peace or other official is authorized or directed to suspend or cancel the licence or permit of any person, and the person is the holder of both a licence and a permit issued under this Act, every such authority extends to both licence and permit and every such direction may in the discretion of the Minister, provincial judge, justice of the peace or other official be made to apply to both licence and permit. R.S.O. 1990, c. H.8, s. 1 (2).

(3) For the purposes of Part IX and any regulations or municipal by-laws made thereunder, every overpass and underpass shall be deemed to form part of the highway that it connects. R.S.O. 1990, c. H.8, s. 1 (3).

(4) Any reference in this Act to the Criminal Code (Canada) shall be deemed to be a reference to the Criminal Code (Canada) as amended or re-enacted from time to time. R.S.O. 1990, c. H.8, s. 1 (4).

(5) Any reference in this Act or the regulations to a conviction or discharge for an offence under the Criminal Code (Canada) includes a conviction or discharge for the corresponding offence under the National Defence Act (Canada). R.S.O. 1990, c. H.8, s. 1 (5).

(6) This Act and the regulations apply to a person who has been granted a pardon under the Criminal Records Act (Canada) in the same manner as if the person had not been granted the pardon. 2001, c. 9, Sched. O, s. 1.

(6) This Act and the regulations apply to a person who has been granted a pardon under the Criminal Records Act (Canada) in the same manner as if the person had not been granted the pardon. 2001, c. 9, Sched. O, s. 1.

2. Where by this Act powers are conferred or duties are imposed upon the Ministry, the powers may be exercised and the duties discharged by the Minister. R.S.O. 1990, c. H.8, s. 2.

3. (1) There shall be a Registrar of Motor Vehicles appointed by the Lieutenant Governor in Council.

(2) The Registrar shall act under the instructions of the Minister and Deputy Minister and has general supervision over all matters relating to highway traffic within Ontario, and shall perform the duties that are assigned to him or her by this Act, by the Lieutenant Governor in Council, or by the Minister or Deputy Minister.

(3) The Minister may authorize the Deputy Minister and the Registrar or either of them to exercise and discharge in his or her place any of the powers conferred or the duties imposed upon him or her under this Act or the regulations and, where both the Deputy Minister and the Registrar are so authorized, either of them may exercise and discharge any of the powers and duties. R.S.O. 1990, c. H.8, s. 3 (1-3).

(4) The Deputy Minister, with the consent of the Minister, may authorize any public servant or servants in the Ministry to exercise any or all of the powers and duties of the Registrar. R.S.O. 1990, c. H.8, s. 3 (4); 1996, c. 20, s. 1.

4. There shall be a Deputy Registrar appointed by the Lieutenant Governor in Council who shall have all the powers and may perform all the duties of the Registrar. R.S.O. 1990, c. H.8, s. 4.

(a) providing for the payment of fees for the issue, renewal, replacement or transfer of permits, licences and number plates under this Act and prescribing the amount of the fees;

(b) providing for the payment of fees for copies of or access to any writing, paper or document filed in the Ministry pursuant to this Act or any statement containing information from the records of the Ministry and prescribing the amount of the fees;

(c) providing for the payment of fees upon application to the Ministry for any approval required under this Act in respect of any equipment to be used on a vehicle and prescribing the amount of the fees;

(2) Where payment for any fee or tax is dishonoured, interest at a prescribed rate may be charged on the amount of the payment and a penalty may be imposed. 1994, c 27, s. 138 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of "CAVR cab card" is repealed by the Statutes of Ontario, 1999, chapter 12, Schedule R, subsection 1 (1). See: 1999, c. 12, Sched. R, ss. 1 (1), 21.

"holder", when used in relation to a permit, means the person in whose name the plate portion of a permit is issued; ("titulaire")

""IRP cab card" means a permit issued by the Ministry or another jurisdiction pursuant to the International Registration Plan; (""certificat d'immatriculation IRP")

"lessee" means a person who has leased a vehicle for a period of not less than one year; ("locataire")

"number", when used in relation to a permit or plate, means a number, a series of letters or a combination of letters and numbers, and "numbered", when so used, has a corresponding meaning; ("numéro", "numéroté")

""permit" means a permit issued under subsection 7 (7) consisting, except when the permit is a CAVR cab card or an IRP cab card, of a vehicle portion and a plate portion; (""certificat d'immatriculation")

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of "permit", as re-enacted by the Statutes of Ontario, 1999, chapter 12, Schedule R, subsection 1 (3), is repealed by the Statutes of Ontario, 1999, chapter 12, Schedule R, subsection 1 (4) and the following substituted:

(2) Where, in this Part, it is specified that an act may be done by the Ministry, it may be done by a person authorized by the Minister to do the act. R.S.O. 1990, c. H.8, s. 6 (2).

(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).

(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), as re-enacted by the Statutes of Ontario, 1999, chapter 12, Schedule R, subsection 2 (1), is repealed by the Statutes of Ontario, 1999, chapter 12, Schedule R, subsection 2 (2) and the following substituted:

(3) Clauses (1) (b) and (c) do not apply in respect of a motor vehicle for which the permit is an IRP cab card.

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

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).

(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), as re-enacted by the Statutes of Ontario, 1999, chapter 12, Schedule R, subsection 2 (3), is repealed by the Statutes of Ontario, 1999, chapter 12, Schedule R, subsection 2 (4) and the following substituted:

(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.

(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).

(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).

(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).

(9) Validation of a permit may be refused where the permit holder is indebted to the Treasurer of the Province of Ontario 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).

(10) Where a permit holder is in default of payment of a fine imposed for a parking infraction, 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. 1992, c. 20, s. 2; 1993, c. 31, s. 2 (1).

(11) Where a person who is not a permit holder is in default of a payment of a fine imposed for a parking infraction, 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. 1992, c. 20, s. 2; 1993, c. 31, s. 2 (2).

(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,

(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,

Note: On November 20, 2002, subsection (11.2) is repealed by the Statutes of Ontario, 1998, chapter 38, subsection 1 (3). See: 1998, c. 38, ss. 1 (3), 7, 8.

(12) If a person holds more than one permit and an order or direction in respect of that person is made under subsection (10), (11.1) or (11.2), 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. 1993, c. 31, s. 2 (4); 1998, c. 38, s. 1 (2).

Note: On November 20, 2002, subsection (12) is amended by the Statutes of Ontario, 1998, chapter 38, subsection 1 (3) by striking out "subsection (10), (11.1) or (11.2)" and substituting "subsection (10) or (11.1)". See: 1998, c. 38, ss. 1 (3), 7, 8.

(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 Departments Act, 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.

(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 Departments Act or upon ceasing to meet the requirements prescribed by the regulations. 1993, c. 8, s. 1.

(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.

(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).

(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).

(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,

unless the owner of such motor vehicle or trailer is in possession of an operating licence as required by the Acts. R.S.O. 1990, c. H.8, s. 7 (16); 1993, c. 27, Sched.

(17) The Minister may, in his or her discretion, cancel or refuse to issue a permit, the fee for which is prorated under a reciprocity agreement or arrangement with another jurisdiction, where the owner or lessee of the vehicle has been convicted of an offence under section 24, or if, in his or her opinion, the owner or lessee of the vehicle is not entitled to reciprocity privileges under the Canadian Agreement on Vehicle Registration or the International Registration Plan. 1999, c. 12, Sched. R, s. 2 (5).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (17), as re-enacted by the Statutes of Ontario, 1999, chapter 12, Schedule R, subsection 2 (5), is repealed by the Statutes of Ontario, 1999, chapter 12, Schedule R, subsection 2 (6) and the following substituted:

(18) Where the Minister proposes to cancel or refuse to issue a permit referred to in subsection (17), he or she shall notify the permit holder or applicant, as the case may be, of the proposal. R.S.O. 1990, c. H.8, s. 7 (18).

(19) A person who has received a notification under subsection (18) may, within thirty days after receiving the notification, submit to the Minister the documents and records that may show cause why the Minister should not cancel or refuse to issue the permit. R.S.O. 1990, c. H.8, s. 7 (19).

(20) Upon the expiration of thirty days after the notification referred to in subsection (18) and consideration of any documents or records submitted under subsection (19), the Minister may carry out his or her proposal or refrain from carrying out his or her proposal. R.S.O. 1990, c. H.8, s. 7 (20).

(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).

(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).

(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).

(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 and for any additional administrative proceedings arising therefrom;

(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,

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;

7.1 (1) The Minister may apply to have Ontario made a member of the reciprocal agreement known as the International Registration Plan.

(2) If Ontario is a member of the Plan, the provisions of this Part and the regulations made under this Part are subject to the provisions of the Plan with respect to,

(3) If Ontario is a member of the Plan, persons who reside in or are based in another jurisdiction that is a member of the Plan are exempt, if so provided in the Plan, from the requirements of this Part and from the fees prescribed under this Part with respect to commercial motor vehicles owned or leased by such persons.

(4) A person is not entitled to an exemption under subsection (3) unless the person is in compliance with the motor vehicle laws of the jurisdiction where the commercial motor vehicle owned or leased by the person is registered.

(5) For the purpose of subsection (3), where a person resides or is based shall be determined in accordance with the terms of the Plan. 1999, c. 12, Sched. R, s. 3.

8. (1) Where the fee prescribed by the regulations for a permit or validated permit for a motor vehicle is calculated with regard to specific limitations or restrictions on the use of a vehicle, the owner of the vehicle shall not drive or cause or permit the vehicle to be driven on a highway except in accordance with the limitations or restrictions.

(2) Every person who contravenes subsection (1) is guilty of an offence and on conviction is liable to a fine of not less than $100 and not more than $500. R.S.O. 1990, c. H.8, s. 8.

9. (1) Every person who knowingly makes a false statement in an application, declaration, affidavit or paper writing required by this Act or by the regulations or by the Ministry is guilty of an offence and on conviction, in addition to any other penalty or punishment to which the person may be liable, is liable to a fine of not less than $100 and not more than $500 or to imprisonment for a term of not more than thirty days, or to both, and in addition the person's licence or permit may be suspended for a period of not more than six months.

(2) Where an owner of a motor vehicle or a plate holder changes the name or address of the owner as set out in the owner's application for a permit or validation of a permit or in a previous notice filed under this subsection, the owner shall within six days file with the Ministry notice of the new name or address.

(3) Where the name or address of a lessee is on a permit and the lessee changes the name or address of the lessee from the name or address shown on the permit or from that filed under this subsection, the lessee shall within six days file with the Ministry notice of the new name or address.

(4) A notice may be filed under subsection (2) or (3) by forwarding it to the Ministry by registered mail.

(5) No permit shall be issued for a motor vehicle or a trailer that has a gross weight exceeding 1,360 kilograms where the manufacturer's vehicle identification number or similar identifying mark has been obliterated or defaced until the owner has filed with the Ministry satisfactory proof of the ownership of the vehicle or trailer, and, if known, the reason for the obliteration or defacement, and, if satisfied as to the statements made, the Minister may grant permission to cut, impress, emboss or attach permanently to the vehicle or trailer a special identification number or mark, which thereafter shall be deemed sufficient for the purpose of the issuance, validation or transfer of a permit for the vehicle or trailer. R.S.O. 1990, c. H.8, s. 9.

10. (1) No owner of a motor vehicle shall drive or permit his, her or its motor vehicle to be driven on a highway unless the motor vehicle has the manufacturer's vehicle identification number permanently affixed.

shall draw or permit the trailer, conversion unit or trailer converter dolly to be drawn on a highway unless the trailer, conversion unit or trailer converter dolly, as the case may be, has an identification number permanently affixed. R.S.O. 1990, c. H.8, s. 10.

11. (1) Upon the holder of a permit ceasing to be the owner or lessee of the motor vehicle or trailer referred to in the permit, he, she or it shall,

(2) Every person shall, within six days after becoming the owner of a motor vehicle or trailer for which a permit has been issued, apply to the Ministry, on the form provided therefor, for a new permit for the vehicle.

(3) Despite section 12, a person to whom number plates have been issued under subsection 7 (7) for a vehicle the person no longer owns or leases may affix the number plates to a similar class of vehicle that the person owns or leases where it is done in accordance with the prescribed requirements.

(4) Despite section 7 and clauses 12 (1) (d) and (e), a person may drive a motor vehicle or draw a trailer on a highway within six days after becoming the owner of the motor vehicle or trailer where the person complies with the prescribed requirements. R.S.O. 1990, c. H.8, s. 11.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 11 is amended by the Statutes of Ontario, 1999, chapter 12, Schedule R, section 4 by adding the following subsection:

11.1 (1) Every person who sells, offers for sale or transfers a used motor vehicle shall provide a valid used vehicle information package in respect of the vehicle for inspection by proposed purchasers or transferees and shall deliver the package to the purchaser or transferee at the time of sale or transfer of the vehicle.

(2) The Ministry shall issue a used vehicle information package in respect of any used motor vehicle to any person who applies therefor and pays the prescribed fee.

(3) The purchaser or transferee of the used motor vehicle shall deliver the used vehicle information package mentioned in subsection (1) to the Ministry before obtaining from the Ministry a new permit for the vehicle.

(4) For the purposes of subsection (1), the Lieutenant Governor in Council may make regulations,

(a) defining "used motor vehicle" and "used vehicle information package";

(b) prescribing the period of time during which a used vehicle information package is valid after it is issued;

(d) exempting any class of sellers or transferors from the application of subsection (1) or any class of purchasers or transferees from the application of subsection (3).

(5) Every person who fails to comply with subsection (1) is guilty of an offence and on conviction is liable to a fine of not less than $100 and not more than $500 on a first conviction and not less than $200 and not more than $1,000 on each subsequent conviction. 1993, c. 13, s. 1.

(a) defaces or alters any number plate, evidence of validation or permit;

(b) uses or permits the use of a defaced or altered number plate, evidence of validation or permit;

(d) uses or permits the use of a number plate upon a vehicle other than a number plate authorized for use on that vehicle;

(e) uses or permits the use of evidence of validation upon a number plate displayed on a motor vehicle other than evidence of validation furnished by the Ministry in respect of that motor vehicle; or

(f) uses or permits the use of a number plate or evidence of validation other than in accordance with this Act and the regulations,

is guilty of an offence and on conviction is liable to a fine of not less than $100 and not more than $1,000 or to imprisonment for not more than thirty days, or to both, and in addition the person's licence or permit may be suspended for not more than six months. R.S.O. 1990, c. H.8, s. 12 (1).

(2) Every number plate is the property of the Crown and shall be returned to the Ministry when required by the Ministry. 1999, c. 12, Sched. R, s. 5 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3), as enacted by the Statutes of Ontario, 1999, chapter 12, Schedule R, subsection 5 (1), is repealed by the Statutes of Ontario, 1999, chapter 12, Schedule R, subsection 5 (2) and the following substituted:

13. (1) No number other than that upon the number plate furnished by the Ministry shall be exposed on any part of a motor vehicle or trailer in such a position or manner as to confuse the identity of the number plate. R.S.O. 1990, c. H.8, s. 13 (1).

(2) Every number plate shall be kept free from dirt and obstruction and shall be affixed so that the entire number plate, including the numbers, is plainly visible at all times, and the view of the number plate shall not be obscured or obstructed by spare tires, bumper bars, any part of the vehicle, any attachments to the vehicle or the load carried. 1994, c. 27, s. 138 (7).

(3) The number plates shall not be obstructed by any device that prevents the entire number plates including the numbers from being accurately photographed using a photo-radar system. 1993, c. 31, s. 2 (5).

(3.0.1) The number plates shall not be obstructed by any device that prevents the entire number plates including the numbers from being accurately photographed using a red light camera system. 1998, c. 38, s. 2 (1).

Note: On November 20, 2002, subsection (3.0.1) is repealed by the Statutes of Ontario, 1998, chapter 38, subsection 2 (3). See: 1998, c. 38, ss. 2 (3), 7, 8.

(3.1) The number plates shall not be obstructed by any device or material that prevents the entire number plates including the numbers from being identified by an electronic toll system. 1996, c. 1, Sched. E, s. 2 (1).

(4) Every person who contravenes subsection (2), (3), (3.0.1) or (3.1) is guilty of an offence. 1993, c. 31, s. 2 (5); 1996, c. 1, Sched. E, s. 2 (2); 1998, c. 38, s. 2 (2).

Note: On November 20, 2002, subsection (4) is amended by the Statutes of Ontario, 1998, chapter 38, subsection 2 (3) by striking out "subsection (2), (3), (3.0.1) or (3.1)" and substituting "subsection (2), (3) or (3.1)". See: 1998, c. 38, ss. 2 (3), 7, 8.

14. (1) Where a police officer or an officer appointed under this Act has reason to believe that,

the officer may take possession of the number plate, evidence of validation or permit and retain it until the facts have been determined. R.S.O. 1990, c. H.8, s. 14 (1).

(2) Where a police officer or an officer appointed under this Act has reason to believe that a CAVR cab card or an IRP cab card produced by a driver as being the permit for the vehicle,

the officer may take possession of the CAVR cab card or the IRP cab card, as the case may be, and retain it until the facts have been determined. 1999, c. 12, Sched. R, s. 6 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2), as re-enacted by the Statutes of Ontario, 1999, chapter 12, Schedule R, subsection 6 (1), is repealed by the Statutes of Ontario, 1999, chapter 12, Schedule R, subsection 6 (2) and the following substituted:

(2) Where a police officer or an officer appointed under this Act has reason to believe that an IRP cab card produced by a driver as being the permit for the vehicle,

the officer may take possession of the IRP cab card and retain it until the facts have been determined.

15. (1) Section 7 and subsection 13 (1) do not apply to a motor vehicle owned by a person who does not reside or carry on business in Ontario for more than six consecutive months in each year if the owner thereof is a resident of some other province of Canada and has complied with the provisions of the law of the province in which the person resides as to registration of a motor vehicle and the display of the registration number thereon, and provided the province of residence grants similar exemptions and privileges with respect to motor vehicles owned by residents of Ontario for which permits are issued and in force under this Act and the regulations.

(2) Upon the owner of a motor vehicle becoming a resident of Ontario, the owner is exempt from the provisions of section 7 for the thirty days immediately following provided the owner has complied with the provisions of the law of the jurisdiction in which the owner resided immediately prior to taking up residence in Ontario as to the registration of the motor vehicle and the displays of the registration number thereon, and continues to display the registration number in accordance with that law.

(3) Section 7 and subsection 13 (1) do not apply to a motor vehicle owned by a person who does not reside or carry on business in Ontario for more than three months in any one year if the owner thereof is a resident of a country or state that grants similar exemptions and privileges with respect to motor vehicles owned by residents of Ontario for which permits are issued and in force under this Act and the regulations and has complied with the provisions of the law of the country or state in which the person resides as to registration of a motor vehicle and the display of registration plates thereon, but this subsection does not apply to commercial motor vehicles.

(4) Despite subsections (1) and (3), section 7 and subsection 13 (1) apply to a motor vehicle owned by a person who does not reside in Ontario that displays registration plates of a jurisdiction other than Ontario and that is,

(5) The Lieutenant Governor in Council may make regulations providing for the temporary exemption of vehicles or any class thereof from section 7 or any provision thereof. R.S.O. 1990, c. H.8, s. 15.

(a) a commercial motor vehicle, other than a bus, having a gross weight or registered gross weight of not more than 4,500 kilograms, an ambulance, a fire apparatus, a hearse, a casket wagon, a mobile crane, a motor home or a vehicle commonly known as a tow truck,

(b) a commercial motor vehicle leased for no longer than thirty days by an individual for the transportation of goods kept for that individual's personal use or the gratuitous carriage of passengers,

(c) a commercial motor vehicle operated under a permit and number plates issued under a regulation made under clause 7 (24) (g) or (h) that is not transporting passengers or goods,

(d) a commercial motor vehicle operated under the authority of an In-Transit permit, and

(e) a bus that is used for personal purposes without compensation; ("véhicule utilitaire")

"CVOR certificate" means a Commercial Vehicle Operator's Registration Certificate issued under this Act; ("certificat d'immatriculation UVU")

"operator" means the person directly or indirectly responsible for the operation of a commercial motor vehicle including the conduct of the driver of, and the carriage of goods or passengers, if any, in, the vehicle or combination of vehicles; ("utilisateur")

"owner-driver authority" means an owner-driver authority issued under the Truck Transportation Act; ("autorisation propriétaire-conducteur")

(2) No person shall drive or operate a commercial motor vehicle on a highway unless the operator is the holder of a CVOR certificate that is not under suspension.

(3) Every driver of a commercial motor vehicle shall carry the original or a copy of,

and where the operator has been issued fleet limitation certificates, a fleet limitation certificate.

(4) Every driver of a commercial motor vehicle shall, upon the demand of a police officer, surrender for inspection the documents that are required under subsection (3) to be carried.

(5) Every lease, contract or notice of contract carried under subsection (3) shall clearly identify the vehicle involved, the parties thereto and their addresses, the operator of the vehicle and the operator's CVOR certificate.

(6) A commercial motor vehicle operated under the authority of an owner-driver authority or single-source authority shall be deemed to be operated by the person or partnership that contracted with the holder of the licence.

(7) For a commercial motor vehicle, for which an Ontario permit is not in force and which bears number plates from and is registered in another province or state, the motor vehicle permit may be substituted for a CVOR certificate for the purposes of subsections (2) and (3) if the operator of the commercial motor vehicle is not the holder of a CVOR certificate. R.S.O. 1990, c. H.8, s. 16 (2-7).

17. (1) The Registrar shall issue a CVOR certificate to every person who applies therefor in the prescribed form and meets the requirements of this Act and the regulations.

(2) The Registrar may refuse to issue a CVOR certificate to an applicant if the Registrar has reason to believe, having regard to the applicant's safety record and any other information that the Registrar considers relevant, that the applicant will not operate a commercial motor vehicle safely or in accordance with this Act, the regulations and other laws relating to highway safety.

(3) The Registrar may refuse to issue a CVOR certificate to an applicant if the applicant is related to,

(a) a person whose CVOR certificate has been cancelled, is or has been under suspension or is or has been subject to a fleet limitation;

(b) a person whose CVOR certificate suspension, cancellation or fleet limitation is under appeal; or

(c) a person who the Registrar has reason to believe, having regard to the person's safety record and any other information that the Registrar considers relevant, will not operate a commercial motor vehicle safely or in accordance with this Act, the regulations and other laws relating to highway safety.

(a) the applicant and the person are related individuals;

(b) either the applicant or the person is a partner of the other or was a partner of the other or they have or have had partners in common;

(c) either the applicant or the person, directly or indirectly, controls or controlled or manages or managed the other; or

(d) the applicant and the person have or have had common officers or directors or they are or have been controlled, directly or indirectly, by the same shareholders.

(5) The Registrar may issue a CVOR certificate subject to any terms and conditions set out in the regulations that the Registrar considers appropriate.

(6) No person, alone or in partnership, is entitled to hold more than one CVOR certificate.

17.1 (1) The Registrar shall assign a safety rating to every operator in accordance with the regulations.

(2) Where the Registrar proposes to assign a safety rating to an operator for the first time or to change an operator's safety rating, he or she shall notify the operator of the proposed rating by regular mail sent to the operator's latest address appearing on the records of the Ministry.

(3) A notice under subsection (2) shall be deemed to have been received on the fifth day after it was mailed unless the person to whom notice is given establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person's control, receive the notice.

(4) An operator may, within 30 days after being notified under subsection (2), submit to the Registrar documents, records and written submissions that may show cause why the Registrar should not assign the proposed safety rating to the operator.

(5) Upon the expiration of the 30-day period referred to in subsection (4) and consideration of any documents, records and submissions submitted under that subsection, the Registrar shall assign to the operator the proposed safety rating or a different rating.

(6) Despite the Statutory Powers Procedure Act, the Registrar shall consider the matter under subsection (5) by means of a written hearing unless the Registrar agrees to an oral or electronic hearing.

(7) The Registrar and the operator whose safety rating is under dispute are the only parties to the hearing and, unless they otherwise agree, the hearing shall be closed to the public.

(8) The safety rating assigned by the Registrar is final and binding and there is no appeal therefrom.

(9) The Registrar shall make the safety ratings of operators available to the public in the manner that the Registrar considers appropriate.

(10) No action or other proceeding for damages shall be instituted against the Registrar or any employee of the Ministry for any act done in good faith in the execution or intended execution of a duty under this section or for any alleged neglect or default in the execution in good faith of a duty under this section.

(11) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (10) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (10) to which it would otherwise be subject. 1996, c. 33, s. 3.

18. (1) Every holder of a CVOR certificate shall notify the Registrar in writing within 15 days after any change in the holder's name or address or, where applicable, the persons constituting the officers, directors or partners of the holder, of the change made.

(2) Every holder of a CVOR certificate shall notify the Registrar of any change in the holder's commercial motor vehicle fleet size or in the total distance travelled by the commercial motor vehicle fleet in a specified period, in accordance with the regulations. 1996, c. 33, s. 4.

19. In the absence of evidence to the contrary, where there is no CVOR certificate, lease or contract applicable to a commercial motor vehicle, the holder of the plate portion of the permit for the vehicle shall be deemed to be the operator for the purposes of sections 18 and 20. R.S.O. 1990, c. H.8, s. 19.

20. (1) Every person who gives up possession of a commercial motor vehicle under a lease or contract shall retain a copy of the lease or contract in the person's place of business for a period of one year after the termination of the lease or contract.

(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,

(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.

(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.

(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.

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.

(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.

21. (1) Every person who contravenes subsection 16 (3) or (4), section 18 or 20 or a regulation made under section 22 is guilty of an offence and on conviction is liable to a fine of not more than $500.

(2) Every person who contravenes subsection 16 (2) is guilty of an offence and on conviction is liable to a fine of not more than $2,000 or to imprisonment for a term of not more than six months, or to both. R.S.O. 1990, c. H.8, s. 21.

(3) Every person who contravenes or fails to comply with a term or condition of a CVOR certificate issued to the person is guilty of an offence and on conviction is liable to a fine of not more than $2,000 or to imprisonment for a term of not more than six months, or to both. 1996, c. 33, s. 5.

Note: Despite the repeal of clause (b), any regulation made under that clause remains in force until it is revoked by the Lieutenant Governor in Council. See: 1996, c. 33, s. 6 (5).

(d) prescribing the requirements to obtain and to hold CVOR certificates and authorizing the Registrar to waive any requirements that are specified in the regulations under the circumstances prescribed therein;

(d.1) prescribing terms and conditions that may attach to CVOR certificates, including the imposition of an expiry date on a certificate;

(e) governing the suspension or cancellation of CVOR certificates under subsection 47 (1) or the imposition of a limitation on the fleet size operated under a CVOR certificate under subsection 47 (2);

(g) defining "fleet size" for the purpose of subsection 18 (2), and exempting any class or classes of CVOR certificate holders from all or part of the requirements of subsection 18 (2);

(h) prescribing the method for determining an operator's safety record;

(i) prescribing the method for assigning safety ratings to operators;

(j) providing for the reciprocal recognition of safety ratings, safety records and similar records of territories, other provinces and states of the United States of America. R.S.O. 1990, c. H.8, s. 22; 1996, c. 33, s. 6 (1-3).

(2) The Registrar may set fees, subject to the approval of the Minister, for the issuance, renewal and replacement of CVOR certificates. 1996, c. 33, s. 6 (4).

23. (1) No operator or owner of a commercial motor vehicle shall operate the vehicle or cause or permit the vehicle to be operated on a highway unless, in addition to the minimum liability insurance required under the Compulsory Automobile Insurance Act, motor vehicle liability insurance in the amount prescribed by the regulations is carried for the vehicle with an insurer licensed under the Insurance Act.

(2) If an operator or owner of a commercial motor vehicle is not a resident of Ontario, the insurance required by subsection (1) may be carried with an insurer who is authorized to transact the insurance in the state or province in which the owner or operator resides.

(3) Every driver of a commercial motor vehicle shall carry evidence of a type prescribed by the regulations that the vehicle is insured as required by this section and shall surrender the evidence for reasonable inspection upon the demand of a police officer.

(4) An operator or owner who contravenes subsection (1) is guilty of an offence and on conviction is liable to a fine of not less than $500 and not more than $2,500.

(5) A driver who contravenes subsection (3) is guilty of an offence and on conviction is liable to a fine of not less than $100 and not more than $500.

24. (1) A person to whom a permit is issued for a prorated fee under a reciprocity agreement or arrangement with another jurisdiction shall maintain and preserve the records that are required by regulation during the period of validity of the permit and for the four years immediately following expiry thereof and shall submit the reports to the Ministry as are prescribed by the regulations within the prescribed times.

(2) A person to whom subsection (1) applies shall produce for inspection, within a reasonable time under the prevailing circumstances, the records required under subsection (1) upon the demand of an officer appointed by the Minister to carry out the provisions of this Part.

(3) An officer appointed by the Minister for carrying out the provisions of this Part may, at any reasonable time, enter the business premises of a person referred to in subsection (1) and examine those books, records and documents of that person that relate to the person's business of operating commercial vehicles.

(4) Any person making an investigation under this section may, upon giving a receipt therefor, remove, for the purpose of making copies, any records produced under subsection (2) or examined under subsection (3) and when he or she does remove any records, the copies shall be made with reasonable dispatch and the records promptly returned.

(5) Any copy made under subsection (4) and certified to be a true copy by the person making the copy is admissible in evidence in any proceeding or prosecution as proof, in the absence of evidence to the contrary, of the original book, paper or document and its contents.

(6) Every person who contravenes subsection (1) or (2) or obstructs or interferes with an officer in the performance of his or her duties under subsection (3) is guilty of an offence and on conviction is liable to a fine of not more than $200 or to imprisonment for a term of not more than six months, or to both.

25. (1) Where the fee paid under subsection 7 (7) was prorated under a reciprocity agreement or arrangement with another jurisdiction and the appropriate fees are not paid within sixty days after the issue of the permit, the permit shall be deemed to be cancelled upon notice of the cancellation being given to the permit holder.

(2) Where the notice referred to in subsection (1) is sent by prepaid mail addressed to the person to whom the permit was issued at the latest address of the person appearing on the records of the Ministry, notice shall be deemed to have been given on the fifth day after the day of mailing. R.S.O. 1990, c. H.8, s. 25.

26. (1) The Minister shall issue a disabled person parking permit to every person or organization that applies therefor and meets the requirements of the regulations.

(2) A disabled person parking permit is in force during the period of time shown on the permit.

(3) The Minister may cancel a disabled person parking permit or may refuse to issue a replacement permit if the permit has been used in contravention of this Part or the regulations or of a municipal by-law passed under paragraph 125 or 153 of section 210 of the Municipal Act.

(4) If the Minister cancels a disabled person parking permit, the Minister may refuse to issue a new permit to the holder of the cancelled permit. R.S.O. 1990, c. H.8, s. 26.

(a) have in his or her possession a disabled person parking permit that is fictitious, altered or fraudulently obtained;

(b) display a disabled person parking permit otherwise than in accordance with the regulations;

(d) use a disabled person parking permit on land owned and occupied by the Crown otherwise than in accordance with the regulations. R.S.O. 1990, c. H.8, s. 27.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 27 is amended by the Statutes of Ontario, 2001, chapter 32, subsection 26 (1) by striking out ""or"" at the end of clause (c) and by adding the following clauses:

Note: On a day to be named by proclamation of the Lieutenant Governor, section 27 is amended by the Statutes of Ontario, 2001, chapter 32, subsection 26 (2) by adding the following subsection:

(2) A person who contravenes clause (1) (a), (b), (c), (d), (e) or (f) is guilty of an offence and on conviction is liable to a fine of not less than $300 and not more than $5,000.

28. (1) Every person having possession of a disabled person parking permit shall, upon the demand of a police officer, police cadet, municipal law enforcement officer or an officer appointed for carrying out the provisions of this Act, surrender the permit for reasonable inspection to ensure that the provisions of this Part and the regulations and any municipal by-law passed under paragraph 125 or 153 of section 210 of the Municipal Act are being complied with.

(2) An officer or cadet to whom a disabled person parking permit has been surrendered may retain it until disposition of the case if the officer or cadet has reasonable ground to believe that the permit,

29. The following items, if valid immediately before the 1st day of May, 1990, shall be deemed to be a disabled person parking permit until the earlier of their expiry date, if not for this Part, and the 1st day of November, 1990:

(a) prescribing any form for the purposes of this Part and requiring its use;

(b) respecting the issuance, renewal, cancellation, replacement and disposal of disabled person parking permits;

(d) prescribing the period of time or the method of determining the period of time during which disabled person parking permits shall be in force;

(e) governing the manner of displaying disabled person parking permits on or in vehicles;

(f) requiring the erection of signs and the placing of markings to identify designated parking spaces for the use of vehicles displaying a disabled person parking permit, and prescribing the types, content and location of the signs and markings;

(g) prescribing the conditions of use of a disabled person parking permit on land owned and occupied by the Crown;

(h) requiring and governing the surrender of disabled person parking permits;

(i) providing for and governing the recognition of permits, number plates and other markers and devices issued by other jurisdictions as being equivalent to disabled person parking permits issued under this Part. R.S.O. 1990, c. H.8, s. 30.

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 driver's licence issued to him or her under this Act.

(2) No person shall drive a street car on a highway unless he or she holds a driver's licence.

(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.

(4) The Minister shall endorse the driver's licence of every person who applies therefor and meets the requirements prescribed by the regulations with the endorsement referred to in subsection (3).

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

(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.

(7) Where a driver's 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.

(8) Subsection (7) comes into force on a day to be named by proclamation of the Lieutenant Governor.

(9) No person shall drive a motor vehicle on a highway while contravening a condition contained in his or her driver's licence or imposed by the regulations.

(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 driver's licence issued in respect of the class of motor vehicles to which the motor vehicle belongs.

(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 (1-11).

(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).

(12) An applicant for a driver's licence or a person who holds a driver's 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,

(13) The Minister may require as a condition for issuing a driver's licence that the applicant therefor submit to being photographed by equipment provided by the Ministry.

(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;

(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;

(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 driver's licence or any class or classes of drivers' licences or as a condition of retention thereof by the holder of a driver's licence;

(h) prescribing the requirements to be met by an applicant for an endorsement to a driver's licence for any class of vehicle.

(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 (12-15).

(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).

(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.

33. (1) Every driver of a motor vehicle or street car shall carry his or her licence with him or her at all times while he or she is in charge of a motor vehicle or street car and shall surrender the licence for reasonable inspection upon the demand of a police officer or officer appointed for carrying out the provisions of this Act. R.S.O. 1990, c. H.8, s. 33 (1).

(2) Every accompanying driver, as defined under section 57.1, shall carry his or her licence and shall surrender the licence for reasonable inspection upon the demand of a police officer or officer appointed for carrying out the provisions of this Act.

(3) Every person who is unable or refuses to surrender his or her licence in accordance with subsection (1) or (2) shall, when requested by a police officer or officer appointed for carrying out the provisions of this Act, give reasonable identification of himself or herself and, for the purposes of this subsection, the correct name and address of the person shall be deemed to be reasonable identification. 1993, c. 40, s. 3.

34. (1) Section 32 and any regulation made thereunder do not apply to any person who is,

(2) Section 32 and any regulation made thereunder do not apply to a person for sixty days after he or she has become a resident of Ontario if during such period he or she holds a subsisting driver's licence in accordance with the laws of the province, country or state of which he or she was a resident immediately before becoming a resident of Ontario. R.S.O. 1990, c. H.8, s. 34.

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (b) is repealed by the Statutes of Ontario, 1996, chapter 20, section 4 and the following substituted:

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (f) is repealed by the Statutes of Ontario, 1996, chapter 20, section 4 and the following substituted:

(3) Any police officer who has reason to believe that any person has in his or her possession a driver's licence or portion thereof referred to in subsection (1) may take possession of the licence or portion thereof and, where the officer does so, shall forward it to the Registrar upon disposition of the case.

(4) Despite clause (1) (e), a person may hold a second driver's licence if the second licence is,

36. A person whose driver's licence or privilege to drive a motor vehicle in Ontario has been suspended shall not drive a motor vehicle or street car in Ontario under a driver's licence or permit issued by any other jurisdiction during the suspension. R.S.O. 1990, c. H.8, s. 36.

37. (1) No person under the age of sixteen years shall drive or operate a motor vehicle, street car, road-building machine, self-propelled implement of husbandry or farm tractor on a highway.

(2) No person shall employ or permit anyone under the age of sixteen years to drive or operate a motor vehicle, street car, road-building machine, self-propelled implement of husbandry or farm tractor on a highway.

(3) Subsections (1) and (2) do not apply in respect of the driving or operating of a self-propelled implement of husbandry or farm tractor directly across a highway. R.S.O. 1990, c. H.8, s. 37.

38. No person under the age of sixteen years shall drive a motor assisted bicycle on a highway. R.S.O. 1990, c. H.8, s. 38.

39. (1) No person shall hire or let for hire a motor vehicle unless the person by whom the motor vehicle is to be driven is a person licensed to drive a motor vehicle as required by this Act.

(2) Subsection (1) does not apply to a resident of any other province of Canada who does not reside or carry on business in Ontario for more than six consecutive months in any one year or to a resident of a country or state that grants similar exemptions and privileges to residents of Ontario, who does not reside in Ontario for more than three consecutive months in any one year, provided the person is the holder of a driver's licence issued by the province, country or state in which he or she resides.

(3) Every person, whether a resident of Ontario or not, hiring a motor vehicle shall produce his or her driver's licence for the inspection of the person from whom the vehicle is being hired. R.S.O. 1990, c. H.8, s. 39.

40. (1) The Minister, with the approval of the Lieutenant Governor in Council, may enter into a reciprocal agreement with the government of any state of the United States of America providing for,

(2) The provisions of this Act and the regulations with respect to the licensing of drivers are subject to any agreement made under this section. R.S.O. 1990, c. H.8, s. 40.

41. (1) Subject to subsections 41.1 (1), (2) and (3), the driver's licence of a person who is convicted of an offence,

(a) under section 220, 221 or 236 of the Criminal Code (Canada) committed by means of a motor vehicle or a street car within the meaning of this Act or a motorized snow vehicle within the meaning of the Motorized Snow Vehicles Act;

(b) under section 249, 249.1, 252, 253 or 255 of the Criminal Code (Canada) committed while driving or having the care, charge or control of a motor vehicle or street car within the meaning of this Act or a motorized snow vehicle within the meaning of the Motorized Snow Vehicles Act;

(c) under subsection 254 (5) of the Criminal Code (Canada) committed in relation to the driving or having the care, charge or control of a motor vehicle or street car within the meaning of this Act or a motorized snow vehicle within the meaning of the Motorized Snow Vehicles Act;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (c) is amended by the Statutes of Ontario, 1999, chapter 12, Schedule R, section 8 by striking out ""subsection 254 (5)" and substituting ""section 254". See: 1999, c. 12, Sched. R, ss. 8, 21.

Note: The periods of suspension provided for in subsection (1), as it read immediately before September 30, 1998, continue to apply with respect to convictions for offences committed before that date. See: 1997, c. 12, s. 1 (3).

(2) In determining whether a conviction is a subsequent conviction or an additional subsequent conviction, as the case may be, for the purpose of clauses (1) (g) and (h), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction. R.S.O. 1990, c. H.8, s. 41 (2).

(3) Clauses (1) (g) and (h) do not apply when the subsequent conviction is more than 10 years after the previous conviction. 1997, c. 12, s. 1 (2).

Note: The five-year limitation provided for in subsection (3), as it read immediately before September 30, 1998, continues to apply with respect to convictions for offences committed before that date. See: 1997, c. 12, s. 1 (4).

(3.0.1) Despite subsection (3), when the subsequent conviction is within 10 years after the previous conviction, all previous convictions that were not followed by a 10-year period without a conviction shall be taken into account for the purpose of clauses (1) (g) and (h). 1997, c. 12, s. 1 (2).

(3.0.2) Despite subsections (3) and (3.0.1), a conviction that was more than five years before the date on which this subsection comes into force shall not be taken into account for the purpose of clauses (1) (g) and (h). 1997, c. 12, s. 1 (2).

(3.1) The licence suspension under this section runs concurrently with the remaining portion, if any, of a suspension under section 48.3. 1996, c. 20, s. 5.

(4) Where the court or judge, as the case may be, making the conviction referred to in subsection (1) considers it to be desirable for the protection of the public using the highways, the court or judge may make an order extending the suspension of the licence,

(5) This section applies in the same manner as if a person were convicted of an offence if the person pleads guilty to or is found guilty of an offence referred to in subsection (1) and,

(6) An appeal may be taken from an order for additional suspension made under subsection (4) and the provisions of the Criminal Code (Canada) applying to an appeal from the conviction referred to in subsection (1) apply in respect of an appeal from an order made under subsection (4). R.S.O. 1990, c. H.8, s. 41 (6).

(7) Where an appeal is taken under subsection (6), the court being appealed to may direct that the order being appealed from shall be stayed pending the final disposition of the appeal or until otherwise ordered by that court. R.S.O. 1990, c. H.8, s. 41 (7).

(8) No person whose licence is or was suspended under subsection (1) or a predecessor thereof has a cause of action against the Registrar of Motor Vehicles or Her Majesty the Queen in right of Ontario for any misapplication of, or misadvice about, the suspension period under subsection (1) or predecessor thereof. R.S.O. 1990, c. H.8, s. 41 (8).

41.1 (1) Where the Registrar is satisfied that a person whose driver's licence is suspended under clause 41 (1) (f) or (g) has completed the prescribed assessments and remedial programs that are applicable to the person, if any, and meets the prescribed requirements that are applicable to the person, if any, the Registrar shall reinstate the driver's licence upon the expiry of the suspension, subject to any other suspension under this Act.

(2) Where the Registrar is satisfied that a person whose driver's licence is suspended under clause 41 (1) (h) for a second subsequent conviction has completed the prescribed assessments and remedial programs that are applicable to the person, if any, and meets the prescribed requirements that are applicable to the person, if any, the Registrar shall reduce the period of the suspension to 10 years and shall reinstate the driver's licence upon the expiry of the reduced suspension, subject to any other suspension under this Act.

(3) If, upon the expiry of a suspension under subsection 41 (1), the person whose driver's licence is suspended has not satisfied the Registrar that he or she has completed the prescribed assessments and remedial programs that are applicable to the person, if any, and meets the prescribed requirements that are applicable to the person, if any, the Registrar shall suspend the person's driver's licence until such time as the Registrar is so satisfied.

(4) A suspension under subsection (3) takes effect from the time notice of the suspension is given, in accordance with section 52, to the person whose driver's licence is suspended.

(5) The parties to any judicial review brought in respect of this section are the Registrar and the person whose driver's licence is suspended.

(6) Documents filed with the Ministry for the purposes of this section are privileged for the information of the Ministry only and shall not be open for public inspection.

(7) No action or other proceeding for damages shall be instituted against a person authorized or required by the regulations to conduct an assessment or program or submit a report for the purposes of this section, unless the person was negligent in the conduct of the assessment or program or in the preparation or submission of the report.

(8) No action or other proceeding for damages shall be instituted against the Registrar or any employee of the Ministry for the suspension or reinstatement of a driver's licence in good faith in the execution or intended execution of a duty under this section.

(9) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsections (7) and (8) do not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (7) or (8) to which it would otherwise be subject.

(a) governing the assessments and remedial programs required under this section and prescribing what constitutes their completion;

(b) prescribing fees for assessments and remedial programs;

(d) respecting documents required to be filed with the Registrar to satisfy him or her with respect to the completion of assessments and remedial programs;

(e) prescribing the requirements to be met by a person in order to have his or her suspension reduced or his or her driver's licence reinstated under this section;

(f) prescribing conditions that the Minister may impose on a driver's licence reinstated under this section;

(g) prescribing the length of time that conditions imposed on a driver's licence reinstated under this section will apply, or a method for determining it;

(h) requiring a person whose licence is suspended under subsection 41 (1) or whose licence is reinstated under this section to attend an interview with an official of the Ministry and prescribing the circumstances where the interview will be required and the purposes of the interview;

(i) defining classes of persons, based on the nature of the offence or offences for which a driver's licence may be suspended under section 41 and on the number of convictions a person has for offences described in subsection 41 (1);

(j) providing that this section, or any part of it, applies to a class or classes of persons or exempting any class or classes of persons from this section or any part of it.

(11) A regulation made under subsection (10) may provide differently for different classes of persons and in different parts of Ontario. 1997, c. 12, s. 2.

41.2 (1) If a person's driver's licence is suspended under section 41 as a result of a first conviction for an offence under section 253 or subsection 254 (5) of the Criminal Code (Canada) and his or her driver's licence is reinstated under section 41.1, it is a condition of the person's driver's licence that he or she is prohibited from driving any motor vehicle that is not equipped with an approved ignition interlock device. 2000, c. 35, s. 1.

(2) A person mentioned in subsection (1) may apply to the Registrar to remove the condition prohibiting him or her from driving any motor vehicle that is not equipped with an approved ignition interlock device. 2000, c. 35, s. 1.

(3) An application under subsection (2) may not be made earlier than one year from the day the person's driver's licence was reinstated under section 41.1. 2000, c. 35, s. 1.

(4) On receiving an application made in accordance with subsections (2) and (3), the Registrar shall remove the condition, if the person meets the criteria prescribed for the purpose of this subsection. 2000, c. 35, s. 1.

(5) If a person's driver's licence is suspended under section 41 as a result of a second conviction for an offence under section 253 or subsection 254 (5) of the Criminal Code (Canada) and his or her driver's licence is reinstated under section 41.1, it is a condition of the person's driver's licence that he or she is prohibited from driving any motor vehicle that is not equipped with an approved ignition interlock device. 2000, c. 35, s. 1.

(5) If a person's driver's licence is suspended under section 41 as a result of a second conviction for an offence under section 253 or subsection 254 (5) of the Criminal Code (Canada) and his or her driver's licence is reinstated under section 41.1, it is a condition of the person's driver's licence that he or she is prohibited from driving any motor vehicle that is not equipped with an approved ignition interlock device. 2000, c. 35, s. 1.

(6) A person mentioned in subsection (5) may apply to the Registrar to remove the condition prohibiting him or her from driving any motor vehicle that is not equipped with an approved ignition interlock device. 2000, c. 35, s. 1.

(7) An application under subsection (6) may not be made earlier than three years from the day the person's driver's licence was reinstated under section 41.1. 2000, c. 35, s. 1.

(8) On receiving an application made in accordance with subsections (6) and (7), the Registrar shall remove the condition, if the person meets the criteria prescribed for the purpose of this subsection. 2000, c. 35, s. 1.

(9) If the Registrar reduces an indefinite licence suspension in accordance with subsection 41.1 (2) and reinstates a person's driver's licence, it is a permanent condition of the person's driver's licence that he or she is prohibited from driving any motor vehicle that is not equipped with an approved ignition interlock device. 2000, c. 35, s. 1.

(10) No person who is the owner or is in possession or control of a motor vehicle that is not equipped with an approved ignition interlock device shall knowingly permit a person to driving the vehicle, if that person is prohibited from driving any motor vehicle that is not equipped with such a device. 2000, c. 35, s. 1.

(11) Except in accordance with an authorization under subsection (14), no person shall tamper with an approved ignition interlock device. 2000, c. 35, s. 1.

(12) If, under the authority of this Act, a police officer stops a motor vehicle, inspects a person's driver's licence and determines that the person is prohibited from driving any motor vehicle that is not equipped with an approved ignition interlock device, the police officer may, without warrant or court order, inspect the vehicle to the extent that is reasonably necessary to determine,

(13) Every person who drives a motor vehicle that is not equipped with an approved ignition interlock device while prohibited from doing so or who contravenes subsection (10) or (11) is guilty of an offence and on conviction is liable,

(14) The Minister may in writing authorize any person to install, maintain and remove approved ignition interlock devices. 2000, c. 35, s. 1.

(15) Where, under subsection (14), the Minister has authorized a person to install, maintain and remove approved ignition interlock devices, the Minister may in writing authorize that person to charge a fee for the installation, maintenance and removal of such devices. 2000, c. 35, s. 1.

(a) approving ignition interlock devices for the purpose of this section;

(b) respecting the standards governing the installation, operation and maintenance of approved ignition interlock devices and requiring persons authorized under subsection (14) to comply with those standards;

(d) prescribing exemptions from subsection (1), (5) or (9) and providing that an exemption is subject to restrictions or conditions specified in the regulations and providing that any such restriction or condition shall be deemed to be a condition contained on a person's driver's licence;

(e) prescribing criteria for the purpose of subsections (4) and (8);

(f) requiring a driver who is prohibited from driving any motor vehicle that is not equipped with an approved ignition interlock device to attend upon a person authorized under subsection (14) for the purpose of enabling that person to gather information from the device;

(g) governing reports that shall be made to the Ministry by persons authorized under subsection (14) in respect of information gathered under clause (f);

(h) respecting programs of supervision for persons prohibited from driving a motor vehicle that is not equipped with an approved ignition interlock device;

(i) respecting any other matter necessary for the administration of this section. 2000, c. 35, s. 1.

(17) A regulation made under subsection (16) may be general or particular in its application. 2000, c. 35, s. 1.

(18) A regulation under clause (16) (b) may adopt by reference, in whole or in part, with such changes as the Lieutenant Governor in Council considers necessary, any code, standard, protocol, procedure or policy, and may require compliance with any code, standard, protocol, procedure or policy. 2000, c. 35, s. 1.

(19) The power to adopt by reference and require compliance with a code, standard, protocol, procedure or policy in subsection (18) includes the power to adopt a code, standard, protocol, procedure or policy as it may be amended from time to time. 2000, c. 35, s. 1.

41.3 (1) The parties to any judicial review brought in respect of section 41.2 are the Registrar and the person whose driver's licence is subject to the condition prohibiting him or her from driving any motor vehicle that is not equipped with an approved ignition interlock device. 2000, c. 35, s. 1.

(2) Documents filed with the Ministry for the purposes of section 41.2 are privileged for the information of the Ministry only and shall not be open for public inspection. 2000, c. 35, s. 1.

(3) No action or other proceeding for damages shall be instituted against a person authorized under subsection 41.2 (14) to install or maintain an approved ignition interlock device, unless the person was negligent in the performance of his or her duties and responsibilities under section 41.2. 2000, c. 35, s. 1.

(4) No action or other proceeding for damages shall be instituted against the Registrar or any employee of the Ministry for the removal of a condition prohibiting a person from driving a motor vehicle that is not equipped with an approved ignition interlock device or for the failure to remove the condition, if the Registrar or employee acted in good faith in the execution or intended execution of his or her duties under section 41.2. 2000, c. 35, s. 1.

(5) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsections (3) and (4) do not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (3) and (4) to which it would otherwise be subject. 2000, c. 35, s. 1.

(5) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsections (3) and (4) do not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (3) and (4) to which it would otherwise be subject. 2000, c. 35, s. 1.

42. (1) The driver's licence of a person who is convicted of an offence under subsection 259 (4) of the Criminal Code (Canada) or under a provision that is enacted by a state of the United States of America and that is designated by the regulations is thereupon suspended for a period of,

in addition to any other period for which the licence is suspended and consecutively thereto. R.S.O. 1990, c. H.8, s. 42 (1).

(2) In determining whether a conviction is a subsequent conviction for the purposes of subsection (1), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction. R.S.O. 1990, c. H.8, s. 42 (2).

(3) Clause (1) (b) does not apply when the subsequent conviction is more than five years after the previous conviction. R.S.O. 1990, c. H.8, s. 42 (3).

(4) This section applies in the same manner as if a person were convicted of an offence if the person pleads guilty to or is found guilty of an offence referred to in subsection (1) and,

(5) The Lieutenant Governor in Council may make regulations designating provisions enacted by a state of the United States of America for purposes of this section and section 41. R.S.O. 1990, c. H.8, s. 42 (5); 1993, c. 27, Sched.

43. (1) Where the licence of a person who is subject to an order made under section 259 of the Criminal Code (Canada), if the order is the result of an offence committed while operating a motor vehicle or street car within the meaning of this Act or a motorized snow vehicle within the meaning of the Motorized Snow Vehicles Act, is suspended under subsection 41 (1) or under subsection 42 (1), the licence shall remain suspended during the period of prohibition set out in the order despite the expiration of any other period of suspension.

44. (1) Where an order is made under section 259 of the Criminal Code (Canada) or under subsection 41 (4) of this Act and the court or judge, when sentencing the offender or making the conviction, orders the imprisonment of the offender and that the period of prohibition or suspension, as the case may be, shall start to run on the termination of the imprisonment, the suspension imposed by subsection 41 (1) of this Act is thereupon increased by the period of imprisonment.

(2) Where the period of imprisonment referred to in subsection (1) is less than that ordered by the court or judge, the length of the increased suspension imposed by subsection (1) shall, upon the application of the offender, be reduced by a period equal to that by which the period of imprisonment was reduced. R.S.O. 1990, c. H.8, s. 44.

45. A provincial judge or justice of the peace by whom a person is convicted of a contravention of this Act, if the person convicted is required to hold a driver's licence and does not hold the licence, may declare him or her disqualified to hold a licence for the time that the provincial judge or justice of the peace thinks fit and shall so report with the certificate of the conviction to the Minister. R.S.O. 1990, c. H.8, s. 45.

46. (1) This section applies if a fine is imposed on conviction for an offence and the offence is an offence,

(2) If the payment of a fine imposed on conviction for an offence is in default, an order or direction may be made under section 69 of the Provincial Offences Act directing that the convicted person's driver's licence be suspended and that no driver's licence be issued to him or her until the fine is paid. 1993, c. 31, s. 2 (6).

(3) On being informed of an outstanding order or direction referred to in subsection (2), the Registrar shall suspend the person's driver's licence if it has not already been suspended under another order or direction referred to in subsection (2). 1993, c. 31, s. 2 (6).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is amended by the Statutes of Ontario, 1996, chapter 20, subsection 6 (1) by striking out "if it has not already been suspended under another order or direction referred to in subsection (2)" at the end. See: 1996, c. 20, ss. 6 (1), 32.

(4) On being informed that the fine and any applicable administrative fee for reinstatement of the person's driver's licence have been paid, the Registrar shall reinstate the licence, unless he or she has also been informed that,

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (d) is amended by the Statutes of Ontario, 1996, chapter 20, subsection 6 (2) by striking out "cheque" and substituting "payment". See: 1996, c. 20, ss. 6 (2), 32.

(5) The Lieutenant Governor in Council may make regulations prescribing forms and procedures and respecting any matter considered necessary or advisable to carry out effectively the intent and purpose of this section.

(2) As an alternative to a suspension or cancellation under subsection (1), the Registrar may, subject to section 47.1, restrict the number of commercial motor vehicles that may be operated by a holder of a CVOR certificate during the period that the Registrar stipulates. R.S.O. 1990, c. H.8, s. 47 (2); 1996, c. 33, s. 7 (3).

(2.1) Subsection 17 (4) applies, with necessary modifications, for the purpose of determining who are related persons under clause (1) (f). 1996, c. 33, s. 7 (4).

(3) A person whose permit, licence or certificate is under suspension is not entitled to be issued a certificate, licence or plate portion of a permit, as the case may be. R.S.O. 1990, c. H.8, s. 47 (3).

(4) Where a restriction is imposed under subsection (2), the Registrar shall issue to the holder of the CVOR certificate fleet limitation certificates in a number equal to the number of vehicles permitted to be operated. R.S.O. 1990, c. H.8, s. 47 (4).

(5) Every person whose permit for a motor vehicle is suspended or cancelled and who, while prohibited from having such a motor vehicle registered in their name, applies for or procures the issue of or has possession of the plate portion of a permit for a motor vehicle issued to them is guilty of an offence and on conviction is liable,

or to imprisonment for a term of not more than thirty days, or to both a fine and imprisonment. R.S.O. 1990, c. H.8, s. 47 (5); 1996, c. 33, s. 7 (5).

(6) Every person whose licence is suspended or cancelled and who, while prohibited from driving a motor vehicle, applies for or procures the issue of or has possession of any portion of a licence other than a Photo Card portion issued to him or her is guilty of an offence and on conviction is liable to a fine of not less than $60 and not more than $500 and to imprisonment for a term of not more than thirty days. R.S.O. 1990, c. H.8, s. 47 (6).

(7) Every person whose CVOR certificate is suspended who applies for or procures the issue of a CVOR certificate to themself is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $2,000 or to imprisonment for a term of not more than thirty days, or to both. R.S.O. 1990, c. H.8, s. 47 (7); 1996, c. 33, s. 7 (6).

is guilty of an offence and on conviction is liable to a fine of not more than $5,000 or to imprisonment for a term of not more than six months, or to both. R.S.O. 1990, c. H.8, s. 47 (8); 1996, c. 33, s. 7 (7).

(8.1) If the plate portion of a permit is suspended or cancelled under clause (1) (a), the Registrar may order that the plate portion of the permit or the number plates issued in connection with the plate portion of the permit be seized and any police officer or officer appointed for carrying out this Act may seize the plate portion of the permit and the number plates and deliver them to the Ministry. 1996, c. 33, s. 7 (8).

(10) The Registrar may, at any time for misconduct or contravention of this Act, the Truck Transportation Act, the Public Vehicles Act or of any regulation thereunder by an owner or lessee of one or more motor vehicles or trailers for which permits have been issued by a jurisdiction or jurisdictions other than the Province of Ontario, order that the permit and number plates issued for the vehicle or vehicles be seized and any police officer or any officer appointed for carrying out this Act or the enforcement of the Public Vehicles Act or the Truck Transportation Act may seize the permit and number plates and deliver them to the Ministry which shall return them to the authority that issued them. R.S.O. 1990, c. H.8, s. 47 (10).

47.1 (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,

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

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

(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 operator's 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,

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

(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).ZBKSTARTss

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

48. (1) A police officer, readily identifiable as such, may require the driver of a motor vehicle to stop for the purpose of determining whether or not there is evidence to justify making a demand under section 254 of the Criminal Code (Canada). R.S.O. 1990, c. H.8, s. 48 (1).

(2) Where, upon demand of a police officer made under section 254 of the Criminal Code (Canada), a person provides a sample of breath which, on analysis by an approved screening device as defined in that section, registers "Warn" or "Alert", the police officer may request the person to surrender his or her driver's licence. R.S.O. 1990, c. H.8, s. 48 (2); 1993, c. 40, s. 4 (1).

(3) Where, upon demand of a police officer made under section 254 of the Criminal Code (Canada), a person provides a sample of breath which, on analysis by an instrument approved as suitable for the purpose of section 254 of the Criminal Code (Canada), indicates that the concentration of alcohol in his or her blood is 50 milligrams or more of alcohol in 100 millilitres of blood, a police officer may request the person to surrender his or her driver's licence. R.S.O. 1990, c. H.8, s. 48 (3); 1993, c. 40, s. 4 (2).

(4) Where a person is charged with an offence under section 254 of the Criminal Code (Canada) or any procedure is taken pending the laying of a charge to assure the person's attendance in court on the charge, a police officer may request the person to surrender his or her driver's licence. R.S.O. 1990, c. H.8, s. 48 (4).

(5) Upon a request being made under subsection (2), (3) or (4), the person to whom the request is made shall forthwith surrender his or her driver's licence to the police officer and, whether or not the person is unable or fails to surrender the licence to the police officer, his or her licence is suspended and invalid for any purpose for a period of twelve hours from the time the request is made. R.S.O. 1990, c. H.8, s. 48 (5); 1993, c. 40, s. 4 (3).

(5.1) The licence suspension under this section runs concurrently with a suspension, if any, under section 48.3. 1996, c. 20, s. 7.

(6) Where an analysis of the breath of a person is made under subsection (2) and registers "Warn" or "Alert", the person may require a further analysis to be performed in the manner provided in subsection (3), in which case the result obtained on the second analysis governs and any suspension resulting from an analysis under subsection (2) continues or terminates accordingly. R.S.O. 1990, c. H.8, s. 48 (6); 1993, c. 40, s. 4 (4).

(7) For the purposes of subsection (2), the approved screening device shall not be calibrated to register "Warn" or "Alert" if the concentration of alcohol in the blood of the person whose breath is being analyzed is less than 50 milligrams of alcohol in 100 millilitres of blood. R.S.O. 1990, c. H.8, s. 48 (7); 1993, c. 40, s. 4 (5).

(8) It shall be presumed, in the absence of proof to the contrary, that any approved screening device used for the purposes of subsection (2) has been calibrated as required under subsection (7).

(9) The suspension of a licence under this section is intended to safeguard the licensee and the public and does not constitute an alternative to any proceeding or penalty arising from the same circumstances or around the same time.

(10) Every officer who asks for the surrender of a licence under this section shall keep a written record of the licence received with the name and address of the person and the date and time of the suspension and, at the time of receiving the licence, shall return the Photo Card portion of the licence, if the licence consists of a Photo Card and Licence Card, and provide the licensee with a written statement of the time from which the suspension takes effect, the length of the period during which the licence is suspended, and the place where the licence or Licence Card portion thereof may be recovered.

(11) If the motor vehicle of a person whose licence is suspended under this section is at a location from which, in the opinion of a police officer, it should be removed and there is no person available who may lawfully remove the vehicle, the officer may remove and store the vehicle or cause it to be removed and stored, in which case the officer shall notify the person of the location of the storage.

(12) Where a police officer obtains assistance for the removal and storage of a motor vehicle under this section, the costs incurred in moving and storing the vehicle are a lien on the vehicle that may be enforced under the Repair and Storage Liens Act by the person who moved or stored the vehicle at the request of the officer.

48.1 (1) Subsections (2) and (3) apply and subsection (4) does not apply if the police officer who stops a novice driver uses one screening device for the purposes of section 48 and another screening device for the purposes of this section, and subsection (4) applies and subsections (2) and (3) do not apply if the police officer uses one screening device for the purposes of both section 48 and this section.

(2) Where a novice driver has been brought to a stop by a police officer under the authority of this Act and has provided a sample of breath under section 48 which, on analysis registers "Pass", but the police officer reasonably suspects that the novice driver has alcohol in his or her body, the police officer may, for the purposes of determining compliance with the regulations respecting novice drivers, demand that the novice driver provide within a reasonable time such a sample of breath as, in the opinion of the police officer, is necessary to enable a proper analysis of the breath to be made by means of a provincially approved screening device and, where necessary, to accompany the police officer for the purpose of enabling such a sample of breath to be taken.

(3) Where, upon demand of a police officer made under subsection (2), a novice driver fails or refuses to provide a sample of breath or provides a sample of breath which, on analysis by a provincially approved screening device, registers "Presence of Alcohol", the police officer may request the novice driver to surrender his or her driver's licence.

(4) Where a novice driver has been brought to a stop by a police officer under the authority of this Act and has provided a sample of breath under section 48 which, on analysis registers "Warn", "Alert" or "Presence of Alcohol", or, upon demand of a police officer made under section 254 of the Criminal Code (Canada), fails or refuses to provide a sample of breath, the police officer may request the novice driver to surrender his or her licence.

(5) Upon a request being made under subsection (3) or (4), the novice driver to whom the request is made shall forthwith surrender his or her driver's licence to the police officer and, whether or not the novice driver is unable or fails to surrender the licence to the police officer, his or her licence is suspended and invalid for any purpose for a period of twelve hours from the time the request is made.

(6) Where an analysis of the breath of the novice driver under subsection (3) or (4) registers "Warn", "Alert" or "Presence of Alcohol", the novice driver may require a further analysis to be performed in the manner provided in subsection 48 (3), in which case the result obtained on the further analysis governs and any suspension resulting from an analysis under subsection (3) or (4) continues or terminates accordingly.

(7) For the purposes of this section, the provincially approved screening device shall be calibrated to register "Presence of Alcohol" if the concentration of alcohol in the blood of the person whose breath is being analyzed is as prescribed by the regulations, and despite anything in this section, the reading on a provincially approved screening device for "Presence of Alcohol" may be another term or symbol that conveys the same meaning.

(8) It shall be presumed, in the absence of proof to the contrary, that any provincially approved screening device used for the purposes of this section has been calibrated as required by the regulations.

(9) The suspension of a licence under this section is intended to ensure that novice drivers acquire experience and develop or improve safe driving skills in controlled conditions and to safeguard the licensee and the public and does not constitute an alternative to any proceeding or penalty arising from the same circumstances or around the same time.

(10) Every officer who asks for the surrender of a licence under this section shall keep a written record of the licence received with the name and address of the person and the date and time of the suspension and, at the time of receiving the licence, shall return the Photo Card portion of the licence, if the licence consists of a Photo Card and Licence Card, and provide the licensee with a written statement of the time from which the suspension takes effect, the length of the period during which the licence is suspended and the place where the licence or Licence Card portion of it may be recovered.

(11) If the motor vehicle of a person whose licence is suspended under this section is at a location from which, in the opinion of a police officer, it should be removed and there is no person available who may lawfully remove the vehicle, the officer may remove and store the vehicle or cause it to be removed and stored, in which case, the officer shall notify the person of the location of the storage.

(13) Every person commits an offence who, without reasonable excuse, fails or refuses to comply with a demand made to him or her by a police officer under this section.

48.2 (1) Where a police officer has brought a novice driver to a stop under the authority of this Act, and the police officer reasonably suspects that the accompanying driver has alcohol in his or her body, the police officer may, for the purposes of determining whether the novice driver is in compliance with the regulations respecting novice drivers, demand that the accompanying driver provide forthwith a sample of breath into an approved screening device as defined in section 254 of the Criminal Code (Canada) as if he or she was the person operating the motor vehicle.

(2) Where, upon demand of a police officer made under subsection (1), an accompanying driver fails or refuses to provide a sample of breath or provides a sample of breath which, on analysis by an approved screening device, as defined in section 254 of the Criminal Code (Canada), registers "Warn", "Alert" or "Fail", the police officer may direct the novice driver not to drive a motor vehicle on a highway except in compliance with the regulations respecting novice drivers.

(3) Where an analysis of the breath of an accompanying driver is made under subsection (2) and registers "Warn", "Alert" or "Fail", the accompanying driver may require an analysis to be performed in the manner provided by subsection 48 (3), in which case the result obtained on the second analysis governs and any direction given by the police officer under subsection (2) continues or terminates accordingly.

(4) For the purposes of subsection (2), the approved screening device referred to in that subsection shall not be calibrated to register "Warn" or "Alert" if the concentration of alcohol in the blood of the person whose breath is being analyzed is less than 50 milligrams of alcohol in 100 millilitres of blood.

(5) It shall be presumed, in the absence of proof to the contrary, that any approved screening device used for the purposes of subsection (2) has been calibrated as required under subsection (4).

(6) The direction under this section to a novice driver not to drive a motor vehicle on a highway is intended to ensure that novice drivers acquire experience and develop or improve safe driving skills in controlled conditions and to safeguard the licensee and the public and does not constitute an alternative to any proceeding or penalty arising from the same circumstances or around the same time.

(7) If the motor vehicle of a person who is directed not to drive under this section is at a location from which, in the opinion of a police officer, it should be removed and there is no person available who may lawfully remove the vehicle, the officer may remove and store the vehicle or cause it to be removed and stored, in which case, the officer shall notify the person of the location of the storage.

(8) Where a police officer obtains assistance for the removal and storage of a motor vehicle under this section, the costs incurred in moving and storing the vehicle are a lien on the vehicle that may be enforced under the Repair and Storage Liens Act by the person who moved or stored the vehicle at the request of the officer.

(9) Every person commits an offence who, without reasonable excuse, fails or refuses to comply with a demand made to him or her by a police officer under this section.

48.3 (1) Where a police officer is satisfied that a person driving or having the care, charge or control of a motor vehicle meets one of the criteria set out in subsection (3), the officer shall notify the Registrar of that fact, or cause the Registrar to be so notified, in the form and manner and within the time prescribed by the regulations.

(2) Upon being notified under subsection (1), the Registrar shall suspend a person's driver's licence for a period of ninety days. 1996, c. 20, s. 8.

(2.1) A person has no right to be heard before or after the notification by the officer, or before or after the Registrar suspends the licence, but this subsection does not affect the taking of any proceeding in court. 1997, c. 12, s. 3 (1).

(4) The suspension takes effect from the time notice of the suspension is given, in accordance with section 52, to the person whose licence is suspended.

(5) If notice of the suspension is delivered personally to the person by a police officer, the officer may request the person to surrender his or her driver's licence and, upon the request, the person shall forthwith surrender his or her driver's licence to the police officer.

(6) If notice of the suspension is given to the person by mail, the person shall forthwith surrender to the Registrar his or her driver's licence, except the Photo Card portion of the licence, if the licence consists of a Photo Card and Licence Card.

(7) Whether or not the person is unable or fails to surrender his or her driver's licence under subsection (5) or (6), the licence is suspended and invalid for any purpose for a period of ninety days from the time notice is given to the person.

(8) Every police officer to whom a driver's licence is surrendered under this section shall return the Photo Card portion of the licence to the person, if the licence consists of a Photo Card and Licence Card.

(9) A police officer who has notified the Registrar under subsection (1) or a police officer who has personally delivered notice of the suspension to the person shall, as soon as practicable, forward to the Registrar,

(10) The suspension of a driver's licence under this section is intended to safeguard the public and does not constitute an alternative to any proceeding or penalty arising from the same circumstances or around the same time.

(13) No action or other proceeding for damages shall be instituted against the Registrar or any employee of the Ministry for the suspension of a licence in good faith in the execution or intended execution of a duty under this section.

(14) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (13) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (13) to which it would otherwise be subject.

(17) With respect to a driver's licence issued by another jurisdiction, instead of suspending the person's driver's licence, the Registrar shall suspend the person's privilege to drive a motor vehicle in Ontario for a period of ninety days, and this section and section 50.1 apply to the suspension of that privilege with necessary modifications. 1996, c. 20, s. 8.

49. Subsections 210 (7), (8), (11) and (13) apply with necessary modifications to proceedings before the Tribunal with respect to appeals to the Tribunal under this Act. 1999, c. 12, Sched. G, s. 24 (3).

Note: Despite the re-enactment of section 49 by the Statutes of Ontario, 1999, chapter 12, Schedule G, subsection 24 (3), members of the Licence Suspension Appeal Board immediately before April 1, 2000 shall be members of the Licence Appeal Tribunal for the purpose of performing the duties of the Tribunal with respect to proceedings before the Board that were commenced before April 1, 2000. See: 1999, c. 12, Sched. G, s. 24 (4).

50. (1) Every person aggrieved by a decision of the Minister under subclause 32 (12) (b) (i) or a decision of the Registrar under section 17 or 47 may appeal the decision to the Tribunal. 2001, c. 9, Sched. O, s. 6 (1).

(2) The Tribunal may confirm, modify or set aside the decision of the Minister or Registrar. R.S.O. 1990, c. H.8, s. 50 (2); 1999, c. 12, Sched. G, s. 24 (6).

(3) Every person aggrieved by a decision of the Tribunal with respect to a decision of the Minister under subclause 32 (12) (b) (i) or a decision of the Registrar under clause 47 (1) (b) may, within 30 days after a notice of the decision is sent to the person's latest address as recorded with the Tribunal, appeal the decision of the Tribunal to a judge of the Superior Court of Justice. 2001, c. 9, Sched. O, s. 6 (2).

(3.1) Every person aggrieved by a decision of the Tribunal with respect to a decision of the Registrar under section 17 or 47, other than a decision under clause 47 (1) (b), may, within 30 days after a notice of the decision is sent to the person's latest address as recorded with the Tribunal, appeal the decision of the Tribunal to the Divisional Court. 2001, c. 9, Sched. O, s. 6 (2).

(3.2) Despite the Statutory Powers Procedure Act, the filing of an appeal under subsection (3.1) does not stay the decision of the Tribunal being appealed, unless the Divisional Court orders a stay. 2001, c. 9, Sched. O, s. 6 (2).

(3.2) Despite the Statutory Powers Procedure Act, the filing of an appeal under subsection (3.1) does not stay the decision of the Tribunal being appealed, unless the Divisional Court orders a stay. 2001, c. 9, Sched. O, s. 6 (2).

(4) The judge may confirm, modify or set aside the decision of the Tribunal. R.S.O. 1990, c. H.8, s. 50 (4); 1999, c. 12, Sched. G, s. 24 (8).

(5) Section 55 does not apply to the suspension or cancellation of a licence or permit under section 47. R.S.O. 1990, c. H.8, s. 50 (5).

50.1 (1) A person whose driver's licence is suspended under section 48.3 may appeal the suspension to the Tribunal. 1996, c. 20, s. 10; 1999, c. 12, Sched. G, s. 24 (8).

(2) The only grounds on which a person may appeal under subsection (1) and the only grounds on which the Tribunal may order that the suspension be set aside are,

(3) A person who appeals to the Tribunal under subsection (1) shall file such written material in support of the appeal as may be required by the regulations made under clause 49 (4) (c), together with such other material as the person may wish to submit, and the Tribunal shall not hold a hearing until all the supporting material is filed. 1996, c. 20, s. 10; 1999, c. 12, Sched. G, s. 24 (8).

(4) The Tribunal may confirm the suspension or may order that the suspension be set aside. 1996, c. 20, s. 10; 1999, c. 12, Sched. G, s. 24 (8).

(5) If the Tribunal orders that the suspension be set aside, it shall give written notice of the order to the appellant and the Registrar and, upon receipt of such notice, the Registrar shall reinstate the appellant's driver's licence, subject to any other suspension under this Act. 1996, c. 20, s. 10; 1999, c. 12, Sched. G, s. 24 (8).

(6) The decision of the Tribunal under this section is final and binding. 1996, c. 20, s. 10; 1999, c. 12, Sched. G, s. 24 (8).

(7) The suspension under section 48.3 continues to apply despite the filing of an appeal under this section unless the Registrar reinstates the licence pursuant to the Tribunal's order that the suspension be set aside, and this subsection prevails over the Statutory Powers Procedure Act. 1996, c. 20, s. 10; 1999, c. 12, Sched. G, s. 24 (9).

(8) The Tribunal is not required to hold an oral hearing under this section unless the appellant requests an oral hearing at the time of filing the appeal and bases the appeal on one of the grounds set out in subsection (2). 1996, c. 20, s. 10; 1999, c. 12, Sched. G, s. 24 (10).

(9) Despite a request by the appellant for an oral hearing, the Tribunal may order that the suspension be set aside on the basis of the material filed with the Tribunal without holding an oral hearing. 1996, c. 20, s. 10; 1999, c. 12, Sched. G, s. 24 (10).

50.2 (1) The owner of a motor vehicle that is subject to an order to impound under section 55.1 may, upon paying the prescribed fee, appeal the order to the Tribunal. 1997, c. 12, s. 5; 1999, c. 12, Sched. G, s. 24 (12).

(2) The owner and the Registrar are the parties to an appeal under this section. 1997, c. 12, s. 5.

(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 are,

(a) that the motor vehicle that is subject to the order was stolen at the time in respect of which the order was made;

(b) that the driver's licence of the driver of the motor vehicle at the time in respect of which the order was made was not then under suspension;

(c) that the owner of the motor vehicle exercised due diligence in attempting to determine that the driver's licence of the driver of the motor vehicle at the time in respect of which the order was made was not then under suspension; or

(d) that the order will result in exceptional hardship. 1997, c. 12, s. 5; 1999, c. 12, Sched. G, s. 24 (12).

(4) Clause (3) (d) does not apply if an order to impound under section 55.1 was previously made with respect to any motor vehicle then owned by the same owner. 1997, c. 12, s. 5.

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

(6) The Tribunal shall give written notice of its decision to the owner and the Registrar. 1997, c. 12, s. 5; 1999, c. 12, Sched. G, s. 24 (12).

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

(c) shall pay the operator or the owner the amount incurred by the operator or owner, as a result of the order to impound, for removing the load or drawn vehicle from the motor vehicle, not including any amount for economic losses. 1997, c. 12, s. 5; 1999, c. 12, Sched. G, s. 24 (12); 2000, c. 26, Sched. O, s. 3 (1).

(8) The decision of the Tribunal under this section is final and binding. 1997, c. 12, s. 5; 1999, c. 12, Sched. G, s. 24 (12).

(9) Despite the Statutory Powers Procedure Act, the filing of an appeal under this section does not suspend or terminate the order to impound under section 55.1. 1997, c. 12, s. 5.

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).

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

(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,

(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.

(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).

(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).

(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.

(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).

(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.

(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).

(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.

51. Every person who drives a motor vehicle the permit for which is under suspension or has been cancelled is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $1,000 or to imprisonment for a term of not more than six months, or to both. R.S.O. 1990, c. H.8, s. 51.

52. (1) Where a person''s driver''s licence is suspended, notice of the suspension is sufficiently given if delivered personally or,

(2) Notice sent by registered mail under clause (1) (a) or by mail under clause (1) (b) shall be deemed to have been given on the seventh day after the mailing unless the person to whom the notice is sent establishes that he or she did not, acting in good faith, through absence, accident, illness or other cause beyond his or her control, receive the notice. 2000, c. 26, Sched. O, s. 4.

53. (1) Every person who drives a motor vehicle or street car on a highway while his or her driver's licence is suspended under an Act of the Legislature or a regulation made thereunder is guilty of an offence and on conviction is liable,

or to imprisonment for a term of not more than six months, or to both. R.S.O. 1990, c. H.8, s. 53 (1); 1997, c. 12, s. 7 (1).

(1.1) Despite subsection (1), every person who drives a motor vehicle or street car on a highway while his or her driver's licence is suspended under section 41 or 42, even if it is under suspension at the same time for any other reason, is guilty of an offence and on conviction is liable,

or to imprisonment for a term of not more than six months, or to both. 1997, c. 12, s. 7 (2).

(2) Where a person who has previously been convicted of an offence under subsection (1) is convicted of the same offence within five years after the date of the previous conviction, the offence for which he or she is last convicted shall be deemed to be a subsequent offence for the purpose of clause (1) (b). R.S.O. 1990, c. H.8, s. 53 (2).

(2.1) Where a person who has previously been convicted of an offence under subsection (1.1) is convicted of the same offence within five years after the date of the previous conviction, the offence for which he or she is last convicted shall be deemed to be a subsequent offence for the purpose of clause (1.1) (b). 1998, c. 5, s. 25 (1).

(3) The driver's licence of a person who is convicted of an offence under subsection (1) or (1.1) is thereupon suspended for a period of six months in addition to any other period for which the licence is suspended, and consecutively thereto. R.S.O. 1990, c. H.8, s. 53 (3); 1998, c. 5, s. 25 (2).

54. Where by or under the provisions of an Act of the Legislature or a regulation made thereunder a permit or licence is suspended and the person to whom the suspension applies is not the holder of a permit or licence, as the case may be, the person shall be deemed for all the purposes of this Act or the regulations to be a person whose permit or licence, as the case may be, has been suspended. R.S.O. 1990, c. H.8, s. 54.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 54 is repealed by the Statutes of Ontario, 1996, chapter 20, section 11 and the following substituted:

54. (1) If a permit or licence is required to be suspended under this Act, but the person whose permit or licence is to be suspended does not hold a permit or licence, the person shall be deemed for the purposes of this Act to be a person whose permit or licence has been suspended.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 2000, chapter 30, section 10 by striking out ""If a permit or licence is required to be suspended under this Act"" at the beginning and substituting ""If a permit or licence is required to be suspended under this Act or under the Motorized Snow Vehicles Act"". See: 2000, c. 30, ss. 10, 12. The Lieutenant Governor has issued a proclamation naming May 31, 2001 as the day.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 2000, chapter 30, section 10 by striking out "If a permit or licence is required to be suspended under this Act" at the beginning and substituting "If a permit or licence is required to be suspended under this Act or under the Motorized Snow Vehicles Act". See: 2000, c. 30, ss. 10, 12.

(2) No permit or licence shall be issued to a person who is disqualified from holding a permit or licence or who is deemed to be a person whose permit or licence has been suspended under subsection (1) until the period of the disqualification or suspension has expired and, in the case of a person who is deemed to be a person whose licence has been suspended, the person pays the prescribed administrative fee for the reinstatement of the licence.

(3) Despite subsection (2), a person who met the description in subsection 34 (1) at the time of the events that led to the disqualification or deeming is not required to pay the prescribed administrative fee for the reinstatement of the licence.

55. If a person whose licence has been suspended enters an appeal against his or her conviction and serves notice of the appeal on the Registrar, the suspension is stayed from the time notice is served on the Registrar unless the conviction is sustained on appeal. R.S.O. 1990, c. H.8, s. 55; 1996, c. 33, s. 10.

(2) Where a police officer or officer appointed for carrying out the provisions of this Act is satisfied that a person was driving a motor vehicle on a highway while his or her driver's licence is under suspension under section 41, 42 or 43 even if it is under suspension at the same time for any other reason, the officer shall,

(3) Upon notification under subsection (2), the Registrar may, without a hearing, issue an order to release the motor vehicle or issue an order to impound the motor vehicle that was being driven by the driver whose driver's licence is under suspension, as follows:

1. For 45 days, if an order to impound under this section has not previously been made, within a prescribed period, with respect to any motor vehicle then owned by the owner of the vehicle currently being impounded.

2. For 90 days, if one order to impound under this section has previously been made, within a prescribed period, with respect to any motor vehicle then owned by the owner of the vehicle currently being impounded.

3. For 180 days, if more than one order to impound under this section has previously been made, within a prescribed period, with respect to any motor vehicle then owned by the owner of the vehicle currently being impounded. 1997, c. 12, s. 8.

(4) The order to impound issued under this section is intended to promote compliance with this Act and to thereby safeguard the public and does not constitute an alternative to any proceeding or penalty arising from the same circumstances or around the same time. 1997, c. 12, s. 8.

(5) The Registrar shall notify a police officer or officer appointed for carrying out the provisions of this Act of an order made under subsection (3) and shall send notice of the order to the owner of the motor vehicle at the most recent address for the owner appearing in the records of the Ministry. 1997, c. 12, s. 8.

(6) Upon notification of the Registrar's order to release the motor vehicle, a police officer or officer appointed for carrying out the provisions of this Act shall forthwith release the motor vehicle to its owner. 1997, c. 12, s. 8.

(7) Upon notification of the Registrar's order to impound the motor vehicle, a police officer or officer appointed for carrying out the provisions of this Act shall serve the order or notice of it on the driver. 1997, c. 12, s. 8.

(8) Service of the order, or notice of it, on the driver of the motor vehicle shall be deemed to be service on and sufficient notice to the owner of the vehicle and the operator of the vehicle, if there is an operator. 1997, c. 12, s. 8.

(9) If the motor vehicle that is the subject of the order to impound contains goods, the police officer or officer appointed for carrying out the provisions of this Act may require the driver and any other person present who is in charge of the motor vehicle to surrender all documents in his or her possession or in the vehicle that relate to the operation of the vehicle or to the carriage of the goods and to furnish all information within that person's knowledge relating to the details of the current trip and the ownership of the goods. 1997, c. 12, s. 8.

(10) Upon being served, or being deemed to have been served, with the order to impound or notice of it, the operator of the motor vehicle, or if there is no operator, the owner, shall forthwith remove any vehicle drawn by the motor vehicle and any load from the motor vehicle. 1997, c. 12, s. 8.

(11) If the goods are dangerous goods, within the meaning of the Dangerous Goods Transportation Act, the operator, or if there is no operator, the owner, shall remove them in accordance with that Act. 1997, c. 12, s. 8.

(12) If, in the opinion of a police officer or officer appointed for carrying out the provisions of this Act, the operator or owner fails to remove a drawn vehicle or load as required by subsection (10) within a reasonable time after being served or being deemed to have been served with the order to impound, the officer may cause the drawn vehicle or load to be removed and stored or disposed of at the cost and risk of the operator, or if there is no operator, the owner. 1997, c. 12, s. 8.

(13) If a police officer or officer appointed for carrying out the provisions of this Act is of the opinion that the operator or owner has not made appropriate arrangements for the removal of a drawn vehicle or load, having regard to the nature of the goods, including the fact that they are or appear to be dangerous goods, within the meaning of the Dangerous Goods Transportation Act, or are perishable, the officer may cause the drawn vehicle or load to be removed, stored or otherwise disposed of at the cost and risk of the operator, or if there is no operator, the owner. 1997, c. 12, s. 8.

(14) Upon service or deemed service of the order to impound or notice of it being effected, or, if the motor vehicle that is subject to the order was drawing a vehicle or had a load, once the drawn vehicle and load have been removed, the motor vehicle shall, at the cost of and risk to the owner,

Note: On a day to be named by proclamation of the Lieutenant Governor, section 55.1 is amended by the Statutes of Ontario, 2000, chapter 26, Schedule O, subsection 5 (3) by adding the following subsection:

(14.1) Despite any order to impound issued under this section, the Registrar may, on application by a person belonging to a class of persons prescribed by regulation, release an impounded motor vehicle of a prescribed class prior to the end of the impound period specified in the order on such conditions as he or she considers just. 2000, c. 26, Sched. O, s. 5 (3).

(14.2) Where an order to release is made under subsection (14.1), the order to impound shall not be considered a previously made order to impound for the purposes of subsection (3) or subsection 50.2 (4). 2000, c. 26, Sched. O, s. 5 (3).

(15) Any personal property that is left in the impounded motor vehicle and that is not attached to or used in connection with its operation shall, upon request and proof of ownership, be made available, at reasonable times, to the owner of the property. 1997, c. 12, s. 8.

(16) Upon the expiry of the period of impoundment, the Registrar shall order that the motor vehicle be released to its owner from the impound facility. 1997, c. 12, s. 8.

(16.1) Despite subsection (16), the holder of the vehicle portion of a certificate of registration may apply to the Registrar for the motor vehicle to be released to that holder upon the expiry of the period of impoundment, rather than to the holder of the plate portion, and the Registrar may order the motor vehicle released to the applicant on such conditions as he or she considers appropriate. 2000, c. 26, Sched. O, s. 5 (4).

(16.2) Where the Registrar decides to make an order under subsection (16.1), he or she may rescind any order previously made with respect to the motor vehicle under subsection (16). 2000, c. 26, Sched. O, s. 5 (4).

(16.3) An order under subsection (16.1) has the effect of making the applicant liable for meeting the owner's obligations under subsection (18.1). 2000, c. 26, Sched. O, s. 5 (4).

(16.3) An order under subsection (16.1) has the effect of making the applicant liable for meeting the owner''s obligations under subsection (18.1). 2000, c. 26, Sched. O, s. 5 (4).

(17) Despite being served with an order under subsection (14.1), (16) or (16.1), the person who operates the impound facility is not required to release the motor vehicle to the person named in the order until the removal and impound costs related to the order to impound have been paid. 2000, c. 26, Sched. O, s. 5 (5).

(18) The costs incurred by the person who operates the impound facility in respect of an order to impound under this section are a lien on the motor vehicle, which may be enforced in the manner provided under Part III of the Repair and Storage Liens Act. 1997, c. 12, s. 8.

(18.1) The costs incurred by the person who operates the impound facility in respect of an order to impound under this section are a debt due by the owner and the driver of the motor vehicle at the time the order was made to the person, for which the owner and the driver are jointly and severally liable, and the debt may be recovered in any court of competent jurisdiction. 2000, c. 26, Sched. O, s. 5 (6).

(18.2) It is a defence to an action referred to in subsection (18.1) that the owner sold or transferred the motor vehicle to another person prior to the date of the order to impound. 2000, c. 26, Sched. O, s. 5 (6).

(19) The costs incurred by the Crown in removing, storing or disposing of a drawn vehicle or load from a motor vehicle under subsection (12) or (13) are a debt due to the Crown and may be recovered by the Crown in any court of competent jurisdiction. 1997, c. 12, s. 8.

(20) Persons who provide removal services or load removal services or who operate impound facilities, and their subcontractors, are independent contractors and not agents of the Ministry for the purposes of this section; such persons shall not charge more for their services in connection with this section than is permitted by regulation. 1997, c. 12, s. 8.

(21) The owner of a motor vehicle that is subject to an order to impound under this section may bring an action against the driver of the motor vehicle at the time the order was made to recover any costs or other losses incurred by the owner in connection with the order. 1997, c. 12, s. 8.

(21.1) The holder of the plate portion of the permit and the driver of the motor vehicle at the time the order to impound was made are jointly and severally liable to the holder of the vehicle portion of the permit who obtains an order under subsection (16.1) for any costs or losses incurred in connection with the order, and the costs and losses may be recovered in any court of competent jurisdiction. 2000, c. 26, Sched. O, s. 5 (7).

(22) No action or other proceeding for damages shall be instituted against the Registrar or any employee of the Ministry for any act done in good faith in the execution or intended execution of his or her duty under this section or for any alleged neglect or default in the execution in good faith of that duty. 1997, c. 12, s. 8.

(23) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (22) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in that subsection to which it would otherwise be subject. 1997, c. 12, s. 8.

(24) Every person who fails to comply with subsection (10) or with a requirement of a police officer or officer appointed for carrying out the provisions of this Act under subsection (9) is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $20,000. 1997, c. 12, s. 8.

(25) Every person who drives or operates or removes a motor vehicle that is subject to an order to impound under this section and every person who causes or permits such a motor vehicle to be driven, operated or removed is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $20,000. 1997, c. 12, s. 8.

(26) Every person who provides removal services or who operates an impound facility and who charges fees for services provided in connection with this section in excess of those permitted by regulation is guilty of an offence and on conviction is liable to a fine of not less than $100 and not more than $1,000. 1997, c. 12, s. 8.

(27) Every person who obstructs or interferes with a police officer or officer appointed for carrying out the provisions of this Act in the performance of his or her duties under this section is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $20,000 or to imprisonment for a term of not more than six months, or to both. 1997, c. 12, s. 8.

(27.1) The Registrar shall assess applications made under subsections (14.1) and (16.1) without a hearing and the Registrar's decision is final. 2000, c. 26, Sched. O, s. 5 (8).

(a) prescribing the period for the purpose of subsection (3);

(b) prescribing a schedule of fees that may be charged by independent contractors for services in connection with this section;

(d) prescribing methods for and rules of service for any notices or orders required to be served under this section;

(e) classifying persons and motor vehicles and exempting any class of person or any class of motor vehicle from any provision of this section or any regulation made under this section and prescribing conditions for any such exemptions;

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (28) is amended by the Statutes of Ontario, 1999, chapter 12, Schedule R, section 11 by adding the following clauses:

(e.1) prescribing a period of time during which all persons and motor vehicles are exempt from paragraphs 2 and 3 of subsection (3) and providing that an order to impound for 45 days under paragraph 1 of subsection (3) shall be made during that period where paragraph 2 or 3 of subsection (3) would otherwise apply;

(e.2) classifying persons and motor vehicles and exempting any class of person or motor vehicle from paragraphs 2 and 3 of subsection (3) and providing that an order to impound for 45 days under paragraph 1 of subsection (3) shall be made with respect to that class of person or motor vehicle where paragraph 2 or 3 of subsection (3) would otherwise apply, and prescribing conditions for any such exemption;

(f) prescribing fees for the administration of this section;

(g) prescribing the time within which an appeal may be brought under section 50.2 with respect to an order under this section, and governing any other time requirements in the appeal process;

(h) prescribing criteria to be considered, and criteria not to be considered, by the Tribunal in determining in an appeal under section 50.2 whether exceptional hardship will result from an order to impound that is made under this section;

(i) prescribing classes of persons and motor vehicles for the purposes of subsection (14.1) and specifying eligibility criteria;

(j) prescribing rules, time periods and procedures with respect to applications under subsection (14.1). 1997, c. 12, s. 8; 1999, c. 12, Sched. G, s. 24 (16); 2000, c. 26, Sched. O, s. 5 (9).

(29) The Minister may require that forms approved by the Minister be used for any purpose of this section. 1997, c. 12, s. 8.

56. The Lieutenant Governor in Council may make regulations providing for a demerit point system for drivers of motor vehicles or of street cars and under the system may provide for the cancellation and suspension of licences and may require the attendance of any driver before any official of the Ministry to show cause why his or her licence should not be cancelled or suspended. R.S.O. 1990, c. H.8, s. 56.

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by the Statutes of Ontario, 1996, chapter 20, section 12 by adding the following section:

57. (1) The Lieutenant Governor in Council may make regulations providing for a conduct review system with respect to any contravention of this Act and the regulations.

(2) The conduct review system may provide for the suspension, cancellation or change of class of drivers' licences and may require the attendance of any driver before an official of the Ministry to show cause why his or her driver's licence should not be suspended, cancelled or changed in respect of its class.

(3) The conduct review system may consist of one or more different systems for holders of different classes of driver's licence.

57.1 (1) The Lieutenant Governor in Council may make regulations in respect of novice drivers,

(a) defining novice driver and accompanying driver;

(b) prescribing drivers' licences of different classes and levels for novice drivers;

(c) prescribing the qualifications and requirements, including a maximum blood alcohol concentration level, for accompanying drivers;

(d) requiring novice drivers with drivers' licences of any class or level to be accompanied, while driving, by an accompanying driver;

(e) respecting practical and written driving examinations and mental and physical, including ophthalmic and auditory, examinations for applicants for drivers' licences for novice drivers of any class or level;

(f) prescribing the length of time or the method of determining the length of time during which a person shall be a novice driver or shall be restricted to any level of driver's licence for novice drivers;

(g) prescribing circumstances under which the driver's licence of a novice driver shall be cancelled or suspended and the length of the suspension or suspensions;

(h) prescribing circumstances under which a novice driver may be required to attend before an official of the Ministry for an interview and the examination or examinations that may be required;

(i) prescribing circumstances under which a novice driver may be required to produce evidence with regard to successful completion of an approved driver education or improvement course;

(j) prescribing approved driver education or improvement courses;

(k) prescribing modifications to the demerit point system prescribed under section 56 in so far as it applies to novice drivers and exempting novice drivers or any class or level of driver's licence for novice drivers from any of the provisions of the demerit point system;

(l) prescribing conditions and restrictions, including a maximum blood alcohol concentration level or a blood alcohol concentration level of zero, that shall apply to any class or level of driver's licence for novice drivers;

(m) prescribing markers or identifying devices to be displayed on or in motor vehicles driven by novice drivers or novice drivers with drivers' licences of any class or level and governing the conditions of their use and the manner of displaying them;

(n) exempting novice drivers or novice drivers with a driver's licence of any class or level from any requirement under this Part or any regulation made under this Part and prescribing conditions for the exemption;

(o) prescribing provincially approved screening devices and their calibration for the purpose of section 48.1.

(2) A regulation under subsection (1) may apply in respect of any class of driver's licence for novice drivers. 1993, c. 40, s. 7.

57.2 (1) Every novice driver who contravenes a condition or restriction prescribed by a regulation made under section 57.1 is guilty of an offence.

(2) It is a defence to a charge under subsection (1) relating to the qualifications or requirements of the accompanying driver if the accused novice driver establishes that he or she took all reasonable measures to comply with the regulations. 1993, c. 40, s. 7.

(2) The Lieutenant Governor in Council may make regulations licensing, regulating and governing driving instructors and the teaching of persons to operate motor vehicles.

(3) Where there is a conflict between this section and the regulations and a by-law of a municipal council or police services board regulating or governing driving instructors, this section and the regulations prevail. R.S.O. 1990, c. H.8, s. 58.

59. (1) No person shall deal in motor vehicles or trailers, operate a used car lot or engage in the business of wrecking or dismantling of vehicles without having been licensed so to do by the Ministry in respect of each separate premises used by the person for the purpose of the business.

(2) Subsection (1) does not apply to a person who is registered as a motor vehicle dealer in accordance with the Motor Vehicle Dealers Act.

(3) The fee for the licence shall be such as may be fixed from time to time by the Lieutenant Governor in Council on the recommendation of the Minister.

(4) Every person who deals in motor vehicles or trailers or operates a used car lot or engages in the wrecking or dismantling of vehicles in contravention of subsection (1) is guilty of an offence and on conviction is liable to a fine of not more than $1,000.

(5) Any police officer or any officer appointed for carrying out the provisions of this Part may enter into any place where motor vehicles, trailers or bicycles are stored or dealt in, or into any garage, repair shop, used car lot or premises used for the wrecking or dismantling of vehicles, and make the investigation and inspection that he or she thinks proper for the purposes of this Part.

(6) Every person who obstructs, molests or interferes with any police officer or officer in the performance of his or her duties under subsection (5) is guilty of an offence and on conviction is liable to a fine of not less than $100 and not more than $500 or to imprisonment for a term of not more than six months, or to both.

(7) The Minister may suspend or cancel the licence issued for dealing in motor vehicles or trailers, operating a used car lot, or for wrecking or dismantling vehicles, for misconduct or for non-compliance with or infraction of this Act or the regulations by the holder of the licence or by any of the licence holder's employees or for any other reason appearing to him or her to be sufficient.

(8) The Lieutenant Governor in Council may make regulations controlling and governing the business of dealing in motor vehicles or trailers, operating a garage, repair shop or used car lot, or the wrecking or dismantling of vehicles.

60. (1) Every person who buys, sells, wrecks or otherwise deals in second-hand motor vehicles, trailers or bicycles shall keep a complete record of all motor vehicles, trailers and bicycles bought, sold or wrecked and of the information that will enable the motor vehicles, trailers and bicycles to be readily identified, and shall transmit to the Ministry, within six days after the event, on forms furnished by the Ministry, a statement of each motor vehicle or trailer bought, sold or wrecked by the person and the information with reference thereto that may be required by the Ministry.

(2) No person shall buy, sell, wreck or otherwise deal with any motor vehicle or bicycle or a trailer that has a gross weight exceeding 1,360 kilograms where the manufacturer's vehicle identification number or similar identifying mark has been obliterated or defaced or is not readily recognizable.

(3) No person shall deface or remove the manufacturer's vehicle identification number or identifying mark from a motor vehicle or from the engine thereof or from a bicycle or from a trailer that has a gross weight exceeding 1,360 kilograms.

(4) If a motor vehicle is placed in the possession of a person who repairs, buys, sells, wrecks or stores motor vehicles or operates a garage business, parking station, parking lot or used car lot and the vehicle remains in the person's possession for more than two weeks without good reason, the person shall forthwith, upon the expiration of the two-week period, make a report to the nearest police officer in accordance with subsection (6).

(5) If a motor vehicle that shows evidence of having been involved in a serious accident or having been struck by a bullet is brought into a garage, parking station, parking lot, used car lot or repair shop, the person in charge of the garage, parking station, parking lot, used car lot or repair shop shall forthwith make a report to the nearest police officer in accordance with subsection (6).

(6) A person making a report under subsection (4) or (5) shall give a description of the vehicle and, if known, the vehicle identification number, the permit number, and the name and address of the owner or operator.

(a) subsection (1) is guilty of an offence and on conviction is liable to a fine of not less than $50 and not more than $100;

(b) subsection (2) or (3) is guilty of an offence and on conviction is liable to a fine of not less than $500 and not more than $1,000;

(c) subsection (4) is guilty of an offence and on conviction is liable to a fine of not less than $20 and not more than $100;

(d) subsection (5) is guilty of an offence and on conviction is liable to a fine of not less than $100 and not more than $500. R.S.O. 1990, c. H.8, s. 60.

"ambulance" includes an ambulance as defined in the Ambulance Act and a cardiac arrest emergency vehicle operated by or under the authority of a hospital; ("ambulance")

"fire department vehicle" includes an emergency crash extrication vehicle owned and operated by a rescue organization approved by the Minister in writing for the purposes of this Part and a vehicle designated in writing by the Fire Marshal of Ontario as a "fire department vehicle"; ("véhicule de pompiers")

"motor vehicle" does not include a motor assisted bicycle; ("véhicule automobile")

"vehicle", in addition to the meaning set out in subsection 1 (1), includes a conversion unit and a trailer converter dolly. ("véhicule") R.S.O. 1990, c. H.8, s. 61.

62. (1) When on a highway at any time from one-half hour before sunset to one-half hour after sunrise and at any other time when, due to insufficient light or unfavourable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 150 metres or less, every motor vehicle other than a motorcycle shall carry three lighted lamps in a conspicuous position, one on each side of the front of the vehicle which shall display a white or amber light only, and one on the rear of the vehicle which shall display a red light only.

(2) Subject to subsection (3), when on a highway at any time every motorcycle shall carry two lighted lamps in a conspicuous position, one on the front of the vehicle which shall display a white light only, and one on the rear of the vehicle which shall display a red light only.

(3) When on a highway at any time every motorcycle with a side car shall carry a lighted lamp in a conspicuous position on each side of the front of the vehicle which lamps shall display a white or amber light only and a lighted lamp on the rear of the vehicle which shall display a red light only.

(4) Any lamp required under subsection (1), (2) or (3) shall, when lighted, be clearly visible at a distance of at least 150 metres from the front or rear, as the case may be.

(5) Despite subsections (2) and (3), where a motorcycle that was manufactured prior to the 1st day of January, 1970 is operated on a highway, the lighted lamps required under subsections (2) and (3) shall be required only during the period from one-half hour before sunset to one-half hour after sunrise, or at any other time when, due to insufficient light or unfavourable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 150 metres or less.

(6) Lamps on the front of a motor vehicle shall be so constructed, located, arranged and adjusted that when lighted as required by subsections (1), (2) and (3) they produce under normal atmospheric conditions and on a level road a driving light sufficient to render clearly discernible to the operator of the motor vehicle any person or vehicle on the highway within a distance of 110 metres ahead of the motor vehicle.

(7) No person shall drive upon a highway a motor vehicle where either or both of the lamps that are required on the front of the vehicle by subsections (1), (2) and (3) are coated or covered with a coloured material or lacquer or where either or both of the lamps have been modified by the attachment to the lamps or the motor vehicle of any device that reduces the effective area of the lenses or the intensity of the beam of the lamps.

(8) Subsection (6) does not apply to a motor vehicle parked on a highway and subsections (1), (2), (3), (10), (11), (13), (23), (24), (26) and (27) do not apply to a vehicle parked on a highway upon which the speed limit is not greater than 50 kilometres per hour and which is so lighted by the means of any system of street or highway lighting that the vehicle is clearly discernible within a distance of sixty metres.

(9) No motor vehicle shall carry on the front thereof more than four lighted lamps that project a beam having an intensity of over 300 candela.

(10) When on a highway at any time from one-half hour before sunset to one-half hour after sunrise and at any other time when, due to insufficient light or unfavourable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 150 metres or less,

(a) every commercial motor vehicle and trailer having a width at any part in excess of 2.05 metres, other than a truck tractor, shall carry, in addition to the lamps required by subsection (1), two lighted clearance lamps, one on each side of the front of the vehicle, which shall display an amber light, and two lighted clearance lamps, one on each side of the rear of the vehicle, which shall display a red light; or

(b) every truck tractor having a width at any part in excess of 2.05 metres shall carry, in addition to the lamps required by subsection (1), two lighted clearance lamps, one on each side of the front of the vehicle, which shall display an amber light, and one lighted clearance lamp on the left side of the rear of the vehicle, which shall display a red light,

and the Ministry may by regulation permit a reflector, approved by the Ministry, to be displayed in lieu of clearance lamps on the rear of the vehicle, and all the lamps shall be affixed so as to indicate the overall width of the vehicle.

(11) When on a highway at any time from one-half hour before sunset to one-half hour after sunrise and at any other time when, due to insufficient light or unfavourable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 150 metres or less, every commercial motor vehicle or combination of a commercial motor vehicle and a trailer having a length in excess of 9.2 metres or a width in excess of 2.05 metres shall carry three lighted lamps displaying green or amber lights at the front, except in the case of a public vehicle which shall display amber lights at the front, and three lighted lamps displaying red lights at the rear, and the lights of each colour shall be evenly placed not less than 150 millimetres nor more than 310 millimetres apart along a horizontal line as near the top of the commercial motor vehicle or combination of a commercial motor vehicle and a trailer as the permanent structure permits, and shall be visible for distances of 150 metres from the front and rear respectively of the commercial motor vehicle or combination of a commercial motor vehicle and a trailer.

(12) Despite subsection (11), a truck tractor driven on a highway without a trailer or semi-trailer is not required to carry the three red lamps displaying red lights to the rear.

(13) When on a highway at any time from one-half hour before sunset to one half-hour after sunrise and at any other time when, due to insufficient light or unfavourable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 150 metres or less, every motor vehicle or combination of vehicles having a length in excess of 6.1 metres shall carry not fewer than four lighted side marker lamps, one of which shall be located on each side of the vehicle or combination of vehicles near the front and shall display a green or amber light and one of which shall be located on each side of the vehicle or combination of vehicles near the rear and shall display a red light and each of which lights shall be visible for a distance of 150 metres from the side of the vehicle or combination of vehicles upon which it is located; provided that a vehicle or combination of vehicles may carry four reflectors approved by the Ministry instead of the side marker lamps required by this section; and provided further that, if the clearance lamps upon the left side of any vehicle or combination of vehicles display lights visible for a distance of 150 metres from the left side of the vehicle or combination of vehicles, it is not necessary to carry side marker lamps as required by this subsection on the left side of the vehicle.

(14) Subject to subsection (15), no person shall use a lamp, other than the vehicular hazard warning signal lamps commonly known as four way flashers, that produces intermittent flashes of red light. R.S.O. 1990, c. H.8, s. 62 (1-14).

(15) In addition to the lighting requirements in this Part, a vehicle described in subsection (15.1) may carry lamps that cast a red light only or such other colour of light that may, with the approval of the ministry, be designated by a by-law of the municipality in which the vehicle is operated, but no other motor vehicle shall carry any lamp that casts a red light to the front.

1. An ambulance, fire department vehicle, police department vehicle, public utility emergency vehicle or school bus.

2. A ministry vehicle operated by an officer appointed to carry out this Act, the Public Vehicles Act or the Truck Transportation Act, while the officer is in the course of his or her employment.

3. A vehicle while operated by a conservation officer, fishery officer, provincial park officer or mine rescue training officer, while the officer is in the course of his or her employment.

4. A vehicle while operated by a provincial officer designated under the Environmental Protection Act, the Ontario Water Resources Act, or the Pesticides Act, while the officer is in the course of his or her employment. 1998, c. 35, s. 103.

(16) A firefighter, within the meaning of subsection 1 (1) of the Fire Protection and Prevention Act, 1997, may carry on or in his or her vehicle a lamp that produces intermittent flashes of green light and may operate the light if the motor vehicle is proceeding to a fire or other emergency. 1997, c. 4, s. 81.

(16.1) No person other than a person described in subsection (16) shall operate a lamp that produces intermittent flashes of green light. 1994, c. 35, s. 1.

(17) When on a highway at any time from one-half hour before sunset to one-half hour after sunrise and at any other time when, due to insufficient light or unfavourable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 150 metres or less, every motor assisted bicycle, bicycle or tricycle shall carry on the front thereof a lighted lamp displaying a white or amber light and on the rear thereof a lighted lamp displaying a red light or a reflector approved by the Ministry, and in addition there shall be placed on the front forks thereof white reflective material, and on the rear thereof red reflective material covering a surface of not less than 250 millimetres in length and 25 millimetres in width.

(18) Every person who contravenes subsection (17) is guilty of an offence and on conviction is liable to a fine of not more than $20.

(19) The lamp on the rear of a motor vehicle or trailer shall be of at least three candela and shall be so placed that it will, at any time from one-half hour before sunset to one-half hour after sunrise and at any other time when, due to insufficient light or unfavourable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 150 metres or less, illuminate the numbers on the number plate, or, if provision is made on the number plate or on any attachment furnished or required by the Ministry for affixing the lamp, it shall be affixed in the position or space provided, and the lamp shall face to the rear and reflect on the number plate a white light only.

(20) A motor vehicle, other than a commercial motor vehicle, while standing upon a highway at the times that lights are required by this section for the vehicle may, in lieu of the lighting equipment specified in this section, show one light carried on the left side of the vehicle in such a manner as to be clearly visible to the front and rear for a distance of at least sixty metres and to show white to the front and red to the rear of the vehicle; provided that the light shall not be displayed while the motor vehicle is in motion.

(22) No motor vehicle, other than a public utility emergency vehicle, shall be equipped with more than one spotlamp and every lighted spotlamp shall be so directed, upon approaching or upon the approach of another vehicle, that no part of the high intensity portion of the beam from the lamp will be directed to the left of the prolongation of the extreme left side, nor more than thirty metres ahead, of the vehicle to which it is attached.

(23) Every traction engine shall, at any time from one-half hour before sunset to one-half hour after sunrise and at any other time when, due to insufficient light or unfavourable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 150 metres or less, carry a lighted lamp in a conspicuous place in front, which shall display a white or green light only, and one on the rear of the engine or of any vehicle that may be attached to it, which shall display a red light only.

(24) When on a highway at any time from one-half hour before sunset to one-half hour after sunrise and at any other time when, due to insufficient light or unfavourable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 150 metres or less, every trailer and every object or contrivance drawn by a vehicle shall carry on the rear thereof one lighted lamp, which shall display a red light only.

(25) When on a highway at any time from one-half hour before sunset to one-half hour after sunrise and at any other time when, due to insufficient light or unfavourable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 150 metres or less, every vehicle, and every object or contrivance drawn by a vehicle, having a width at any part in excess of 2.6 metres, shall carry at the rear two lighted lamps displaying red lights or two red reflectors, one of which shall be affixed as nearly as possible to the extreme left side and one as nearly as possible to the extreme right side of the vehicle, and such lamps or reflectors shall be clearly visible at a distance of at least 150 metres from the rear of the vehicle.

(26) Subject to subsection (28), every vehicle, other than a motor vehicle, motor assisted bicycle, bicycle, tricycle or a vehicle referred to in subsection (24), (25) or (27), when on a highway at any time from one-half hour before sunset to one-half hour after sunrise and at any other time when, due to insufficient light or unfavourable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 150 metres or less, shall carry in a conspicuous position on the left side thereof a lighted lamp which shall display a white light to the front and a red light to the rear or a lighted lamp which shall display a white light to the front and a lighted lamp which shall display a red light to the rear, and any lamp so used shall be clearly visible at a distance of at least 150 metres from the front and the rear of the vehicle, as the case may be.

(27) Every farm tractor and every self-propelled unit of farm equipment or implement of husbandry equipped with an electric lighting system, when on a highway at any time from one-half hour before sunset to one-half hour after sunrise and at any other time when, due to insufficient light or unfavourable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 150 metres or less, shall carry the lighted lamps required for motor vehicles under subsection (1).

(28) The Ministry may by regulation permit a reflector approved by the Ministry to be displayed instead of a lighted lamp on vehicles commonly used for conveying flammable materials or vehicles that are structurally unsuitable for carrying lighted lamps.

(29) Every motor vehicle or combination of motor vehicle and trailer having a width at any part in excess of 2.05 metres or having a length in excess of 6.1 metres shall be equipped with mechanical or electrical signalling devices that comply with subsections 142 (6) and (8).

(30) Where any light is required by any provision of this Act to be visible for a specified distance, the requirement shall be deemed to apply during the times indicated in the provision upon level ground and under normal atmospheric conditions. R.S.O. 1990, c. H.8, s. 62 (17-30).

(31) No person shall, while operating a road service vehicle on a highway, plow, salt or de-ice the highway or apply chemicals or abrasives to the highway for snow or ice control unless the road service vehicle is equipped with a lamp producing intermittent flashes of blue light visible for a distance of 150 metres from all directions.

(32) No person shall operate a lamp that produces intermittent flashes of blue light on a highway except in the circumstances described in subsection (31). 1996, c. 33, s. 11.

(33) Every person who contravenes subsection (1), (6), (7), (9), (10), (11), (13), (14), (15), (16), (22), (24), (25), (26) or (29) or who contravenes a regulation made under subsection (21) 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. 13.

63. Every vehicle that is equipped with a right hand drive shall, unless it is equipped with a mechanical or electrical signal device as described in subsection 142 (6), have prominently displayed on the rear thereof, in bold face letters of not less than 50 millimetres in height and of a colour which is in contrast to that of the vehicle, the words,

64. (1) Every motor vehicle, other than a motorcycle, when driven on a highway shall be equipped with at least two braking systems, each with a separate means of application and effective on at least two wheels, one of which shall be adequate to stop the vehicle as required by regulations made by the Ministry and the other of which shall be adequate to hold the vehicle stationary.

(2) Every motorcycle or motor assisted bicycle when being driven on a highway shall be equipped with at least two braking systems each with a separate means of application with one effective on the front wheel and one effective on the rear wheel.

(3) No person shall ride a bicycle on a highway unless it is equipped with at least one brake system acting on the rear wheel that will enable the rider to make the braked wheel skid on dry, level and clean pavement.

(5) Every trailer or semi-trailer having a gross weight of 1,360 kilograms or more shall be equipped with brakes adequate to stop and to hold the vehicle.

(7) All such brakes and braking systems shall be maintained in good working order and shall conform to the regulations made under this section.

(8) Any police officer or any officer appointed for carrying out the provisions of this Act who has reason to believe that the brakes or braking systems on any vehicle on the highway do not conform to the regulations made under this section may at any time inspect or cause an inspection to be made of the brakes or braking systems of the vehicle and may, if the brakes or braking systems do not conform to the regulations, require the driver of the vehicle to take immediate steps to bring the brakes or braking systems into compliance with the regulations. R.S.O. 1990, c. H.8, s. 64.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (8) is repealed by the Statutes of Ontario, 1999, chapter 12, Schedule R, section 12. See: 1999, c. 12, Sched. R, ss. 12, 21.

(9) Every person who contravenes subsection (1), (5) or (7) or a regulation made under subsection (6) 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) or any trailer within the meaning of subsection (5) that is drawn by a commercial motor vehicle within the meaning of subsection 16 (1), on conviction is liable to a fine of not less than $400 and not more than $20,000. 1996, c. 20, s. 14.

for use in vehicles upon a highway that does not comply with the standards and specifications prescribed by the regulations or in containers not marked in compliance with the regulations.

(3) Any regulation may adopt by reference, in whole or in part with the changes that the Lieutenant Governor in Council considers necessary, any code of standards or specifications of hydraulic brake fluid or hydraulic system mineral oil.

(4) Every person who contravenes this section or any regulation made under this section 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. 65.

(2) Clause (1) (b) applies to all motorcycles except those manufactured in or imported into Canada before the 1st day of January, 1971.

(3) Every motor vehicle and every trailer shall be equipped with mudguards or fenders or other device adequate to reduce effectively the wheel spray or splash of water from the roadway to the rear thereof, unless adequate protection is afforded by the body of the motor vehicle or trailer or by a trailer drawn by the motor vehicle.

(4) Subsection (3) does not apply to motor vehicles or trailers in an unfinished condition while proceeding to a works for completion.

(5) Every motor vehicle other than a motorcycle shall be equipped with an odometer in good working order. R.S.O. 1990, c. H.8, s. 66.

(6) Every person who contravenes this section 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) or a trailer that is drawn by 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. 15.

67. No person shall drive upon a highway a motor vehicle, other than a commercial motor vehicle, that has attached thereto any mirror or mirrors that extend more than 305 millimetres from the side of the vehicle, except when the motor vehicle is towing another vehicle. R.S.O. 1990, c. H.8, s. 67.

68. Every bus when driven on a highway shall be equipped with a speedometer which shall be maintained in good working order. R.S.O. 1990, c. H.8, s. 68.

69. (1) All self-propelled vehicles other than traction engines, and all trailers having a gross weight in excess of 1,820 kilograms, shall be equipped with rubber tires or tires of some composition equally resilient, and a vehicle shall not be operated on any highway with a tire that is broken or defective in such a manner as to cause additional impact or pounding on or cutting of the highway, and in the case of motor vehicles and trailers equipped with solid rubber tires there shall be at least 31.5 millimetres of rubber between the wheel rim and the roadway.

(2) No vehicle shall be operated or object moved over or upon any highway with any flange, rib, clamp or other device attached to its wheels, or made a part thereof, which will injure the highway.

(3) No person driving a vehicle drawn by a horse or other animal and used for carrying articles of burden, goods, wares or merchandise shall when descending a grade on a highway lock any wheel of such vehicle except with the device commonly known as a lock-shoe. R.S.O. 1990, c. H.8, s. 69.

(a) prescribing the standards and specifications of tires or any class or classes thereof in use on vehicles or any class or classes thereof;

(b) prescribing classes of tires;

(c) prescribing the standards and specifications of used or retreaded tires offered for sale and prohibiting the sale of the tires or any type thereof that do not comply with the standards and specifications therefor prescribed by the regulations or that are not marked in accordance with the regulations;

(d) providing for and requiring the identification and marking of used or retreaded tires;

(e) prohibiting the use of any type of tire on a highway at any time or during any period of the year and designating the period;

(f) prescribing procedures for examining tires for the purpose of determining whether the prescribed standards and specifications have been met;

(g) regulating installation and placement of tires to be used on vehicles or any class or classes thereof;

(h) regulating combinations of tires installed on vehicles or any class or classes thereof;

(i) prescribing forms for the purposes of subsection (5).

(2) Any regulation may adopt by reference, in whole or in part, with the changes that the Lieutenant Governor in Council considers necessary, any code, and may require compliance with any code that is so adopted.

(3) No person shall operate or permit to be operated upon a highway a vehicle that is,

(4) Every person who contravenes this section or any regulation made under this section is guilty of an offence and on conviction is liable to a fine of not more than $1,000. R.S.O. 1990, c. H.8, s. 70 (1-4).

(4.1) Despite subsection (4), every person who contravenes this section or any regulation made under this section 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. 16.

(5) Where a police officer or an officer appointed for the purpose of carrying out the provisions of this Act reasonably believes that a vehicle being operated on a highway is equipped with tires that do not conform to standards and specifications prescribed by the regulations, he or she may give the driver or owner of the vehicle involved in the contravention a written notice in the prescribed form requiring the driver or owner, as the case may be, within ninety-six hours after receiving the notice, to produce to a police officer or officer at a location specified in the notice, evidence that the tires on the vehicle do not contravene the Act or the regulations, that the vehicle has been equipped with tires that conform to the prescribed standards and specifications or that an unfit motor vehicle permit has been issued for the vehicle.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (5) is repealed by the Statutes of Ontario, 1999, chapter 12, Schedule R, section 13. See: 1999, c. 12, Sched. R, ss. 13, 21.

(6) Subsection (4) does not apply to a person who has received a notice under subsection (5) and has complied with the notice. R.S.O. 1990, c. H.8, s. 70 (5, 6).

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, section 13. See: 1999, c. 12, Sched. R, ss. 13, 21.

(2) No person shall rebuild any tire designed for use upon a motor vehicle unless the person causes it to be indicated in letters of not less than six millimetres in height, clearly embossed upon or imposed or cut into the outside surface of each wall of the tire, that it has been rebuilt.

(3) No person shall sell, offer or expose for sale, or have in the person's possession with intent to sell, any tire designed for use upon a motor vehicle that has been rebuilt unless it is indicated in letters of not less than six millimetres in height, clearly embossed upon or imposed or cut into the outside surface of each wall of the tire, that it has been rebuilt. R.S.O. 1990, c. H.8, s. 71 (1-3).

(4) Every person who contravenes subsection (2) or (3) is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $20,000. R.S.O. 1990, c. H.8, s. 71 (4); 1996, c. 20, s. 17.

(2) No person shall sell any new motor vehicle nor shall any new motor vehicle be registered with the Ministry unless the vehicle is equipped with safety glass wherever glass is used in doors, windows and windshields.

(3) No person shall install glass other than safety glass in the door, window or windshield of any motor vehicle.

(5) Any regulation made under subsection (4) may adopt by reference, in whole or in part with the changes that the Lieutenant Governor in Council considers necessary, any code or standard and may require compliance with any code or standard that is so adopted.

(6) Every person who contravenes this section or a regulation made under this section 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. 72.

in a manner that will obstruct the driver's view of the highway or any intersecting highway.

(2) No person shall drive a motor vehicle upon a highway where the surface of the windshield or of any window of the vehicle has been coated with any colour spray or other colour coating in such a manner as to obstruct the driver's view of the highway or any intersecting highway.

(3) No person shall drive on a highway a motor vehicle on which the surface of the windshield or of any window to the direct left or right of the driver's seat has been coated with any coloured spray or other coloured or reflective material that substantially obscures the interior of the motor vehicle when viewed from outside the motor vehicle.

(4) This section does not prevent the use of signs, markers or equipment required under this Act or the regulations. R.S.O. 1990, c. H.8, s. 73.

(2) Clause (1) (b) does not apply to a motor vehicle that is equipped with a mirror or mirrors securely attached to the motor vehicle and placed in such a position and maintained in such a condition as to afford the driver, otherwise than through the rear window, a clearly-reflected view of the roadway in the rear or of any vehicle approaching from the rear. R.S.O. 1990, c. H.8, s. 74.

75. (1) Every motor vehicle or motor assisted bicycle shall be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and excessive smoke, and no person shall use a muffler cut-out, straight exhaust, gutted muffler, hollywood muffler, by-pass or similar device upon a motor vehicle or motor assisted bicycle.

(2) Subsection (1) does not apply to a motor assisted bicycle with an attached motor that is driven by electricity.

(3) The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke.

(4) A person having the control or charge of a motor vehicle shall not sound any bell, horn or other signalling device so as to make an unreasonable noise, and a driver of any motor vehicle shall not permit any unreasonable amount of smoke to escape from the motor vehicle, nor shall the driver at any time cause the motor vehicle to make any unnecessary noise, but this subsection does not apply to a motor vehicle of a municipal fire department while proceeding to a fire or answering a fire alarm call.

(5) Every motor vehicle, motor assisted bicycle and bicycle shall be equipped with an alarm bell, gong or horn, which shall be kept in good working order and sounded whenever it is reasonably necessary to notify pedestrians or others of its approach.

(6) No vehicle other than an ambulance, fire or police department vehicle, public utility emergency vehicle or vehicle operated by the Ministry shall be equipped with a siren horn or a device producing a sound which so nearly resembles that produced by a siren horn as to deceive or confuse. R.S.O. 1990, c. H.8, s. 75.

76. (1) No person shall operate a slow moving vehicle on a highway unless a slow moving vehicle sign is attached, in accordance with the regulations,

(3) The slow moving vehicle sign is not required if the vehicle is operated on a highway only to cross it directly.

(4) No person shall place a slow moving vehicle sign on or near a fixed object where it is readily visible from a highway.

(5) Subsection (4) does not apply to a facsimile of a slow moving vehicle sign that is displayed for the information of highway users.

(6) No person shall operate a vehicle on a highway if it is not a slow moving vehicle but a slow moving vehicle sign is attached to the vehicle or to a trailer being towed by it.

(a) prescribing the type and specifications of the slow moving vehicle sign and its location on the vehicle;

(b) providing that subsection (1) does not apply to a horse-drawn vehicle when driven by a person whose religious convictions or beliefs prohibit the display of devices such as the slow moving vehicle sign;

(c) prescribing the type and specifications of a marker or device, requiring that it be displayed, instead of the slow moving vehicle sign, on a horse-drawn vehicle when driven by a person described in clause (b), and prescribing the location of the marker or device on the vehicle;

(d) respecting any matter considered necessary or advisable to carry out the intent and purpose of this section. 1994, c. 28, s. 1.

77. (1) Every person travelling on a highway with a sleigh or sled drawn by a horse or other animal shall have at least two bells attached to the harness or to the sleigh or sled in such a manner as to give ample warning sound.

(2) Every person who contravenes subsection (1) is guilty of an offence and on conviction is liable to a fine of not more than $5. R.S.O. 1990, c. H.8, s. 77.

78. (1) No person shall drive on a highway a motor vehicle that is equipped with a television receiving set,

(2) No person shall drive on a highway a motor vehicle in which a television set, while being operated, is located in the motor vehicle forward of the back of the driver's seat or is visible to the driver while he or she is operating the motor vehicle.

(3) The Lieutenant Governor in Council may make regulations exempting any class of persons or vehicles or any use of equipment or type of equipment from this section. R.S.O. 1990, c. H.8, s. 78.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is repealed by the Statutes of Ontario, 1996, chapter 33, section 12 and the following subst