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Tough New Measures for Suspended Drivers

Ontario’s Vehicle Impoundment Program is aimed at making Ontario’s roads safer. Vehicles driven in Ontario by persons apprehended for driving while their licence is suspended for a Criminal Code conviction will be impounded for a minimum of 45 days.

Drivers who continue to drive while their licence has been suspended for a Criminal Code conviction show no regard for the law and put others at risk. In 2002, almost 17,000 drivers were convicted in Ontario of motor vehicle-related Criminal Code offences. Most of those convictions were related to drinking and driving. Other convictions included driving while disqualified and fail to remain at the scene of a collision.

How does the Vehicle Impoundment Program work?

A driver caught driving while his/her licence is suspended for a Criminal Code conviction will be given an impound notice (issued by the Registrar of Motor Vehicles) by an enforcement officer. The vehicle will immediately be towed to an impound yard for a minimum of 45 days. The vehicle owner or plate holder must pay the towing and storage costs before the vehicle is released at the end of the impoundment period.

Who can have their vehicle impounded?

Any person caught driving while suspended in Ontario for a Criminal Code conviction will have the vehicle he/she is driving impounded. Regardless of whether the vehicle is borrowed from a friend or family member, used for business or employment purposes, rented or leased, the vehicle will be impounded. This program applies to all motor vehicle types including passenger vehicles, motorcycles, trucks and buses.

How much will it cost to get my vehicle back?

Vehicle owners/plate holders are liable for towing and storage costs and can expect to pay up to $1,800 for a 45-day impoundment period. In addition, suspended drivers may face fines ranging from $5,000 to $50,000 if convicted under the Highway Traffic Act for driving under a Criminal Code suspension.

Can I appeal the impoundment?

Yes, a vehicle owner/plate holder can appeal an impoundment on the following grounds:

• Vehicle was stolen at the time of the impoundment;
• Driver was not under a Criminal Code suspension;
• Vehicle owner/plate holder exercised all reasonable efforts (i.e. due diligence) to ensure that the driver had a valid driver's licence; or
• Loss of the vehicle would result in exceptional hardship.

There is a $100 fee to file an appeal. In the event of a successful appeal, any towing and storage costs will be refunded. The filing fee to the License Appeal Tribunal is non-refundable.

What are my responsibilities as a vehicle owner/plate holder?

You are responsible for taking all reasonable steps, depending on your particular situation, to ensure that every person who drives your vehicle has a valid driver's licence. To verify a valid driver’s licence through the Ministry of Transportation (MTO):

• Call 1-900-565-6555 for an automated service. A cost of $2.50 per check will be charged to your phone bill. Please have the driver's licence number ready; or
• Access MTO's website. Users may check more than one driver's licence number at $2.00 per check payable by MasterCard or Visa; or
• Obtain a driver's abstract at MTO's Driver & Vehicle Licence Issuing Offices ($12.00 per abstract) or ServiceOntario kiosks ($13.00 per abstract).

What information is provided by MTO’s automated driver licence check services?

The automated telephone and internet services provide information on the validity of a driver’s licence as well as a verification number confirming a valid response. A valid response means that the driver's licence is not under suspension, is not expired, or has not been cancelled. Effective December 2002, this verification includes whether a driver has an ignition interlock condition on his or her driver's licence.