Under the vehicle impoundment program, all vehicle owners will have a greater responsibility for ensuring that every person driving their vehicle has a valid driver's licence.
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Ontario's Vehicle Impoundment Programs are aimed at making the province's roads safer.
In Ontario, drivers who operate a motor vehicle while under licence suspension can face one of two kinds of impoundment:
Also effective December 1, 2010: Impoundments for:
These are in addition to the existing 7-day impoundment for drivers engaged in a race, stunt or contest on Ontarios roads.
A series of helpful questions and answers are provided below to help explain how these two kinds of impoundments (Criminal Code and 7-Day) work:
A driver caught driving while his/her licence is suspended for a Criminal Code conviction will be given an impoundment notice (issued by the Registrar of Motor Vehicles) by a police 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.
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 2009, the Ontario Ministry of Transportation recorded almost 19,000 motor vehicle-related Criminal Code convictions. 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.
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.
As the vehicle owner/plate holder, you must pay all towing and storage fees to get your vehicle back at the end of the impoundment period. These costs vary by towing company. 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.
Yes, a vehicle owner/plate holder can appeal an impoundment on the following grounds:
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.
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):
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.
Under the Road Safety Act, 2009, three new seven-day vehicle impoundments are effective December 1, 2010. These are in addition to the 7-day impoundment for drivers engaged in a race, stunt or contest on Ontarios roads and include:
Vehicle impoundment will apply to drivers suspended under Ontarios Highway Traffic Act and its regulations. Drivers licensed in Ontario, unlicensed drivers, and drivers who are licensed by an out-of-province jurisdiction and are suspended from driving in Ontario are subject to impoundment.
Similarly, vehicle impoundment will apply to drivers with an ignition interlock condition under Ontarios Highway Traffic Act and its regulations.
All drivers, regardless of licensing jurisdiction or status are subject to impoundment under the new legislation if they are caught driving with a BAC over 80 mg or refuse to comply with a demand made by an officer under the Criminal Code.
There is a growing problem of suspended drivers who are continuing to drive. Based on a review of Ontario data, it was determined that approximately 2,000 fatal and injury crashes occur each year involving unlicensed drivers (unlicensed being expired, never licensed, or suspended/revoked).
A 2005 U.S. study estimated that as many as three-quarters of suspended and revoked drivers continue to drive. Although they apparently drive less often, they are overrepresented in subsequent violations and are greatly overrepresented in fatal crashes.
Vehicle impoundment is an added sanction to the existing penalties. Payments for the associated costs (towing and storage) are not paid to the government.
It is estimated that as many as three-quarters of suspended drivers continue to drive. These drivers are much more likely to be involved in hit and run collisions.
Drivers suspended for reasons other than Criminal Code-related offences are five times more likely to attempt to flee the scene of a crash. Research also shows that drivers suspended for driving-related reasons are about two times more likely to violate driving laws than drivers with non-driving related suspensions.
Once the police officer has established that the vehicle is subject to impoundment the driver will be given an impoundment notice by the officer. The vehicle will then be immediately towed to an impound yard for 7 days. The vehicle owner must pay the towing and storage costs before the vehicle is released.
These impoundments take place under police authority and they are not reported to MTO. As such, MTO is not involved in the release process. The way in which impounded vehicles will be released may vary among police services. It is important for drivers and vehicle owners to get release information and instructions from the police officer or police service that impounded the motor vehicle.
Even if the driver is not the vehicle owner, the vehicle will be impounded. If the driver is not the vehicle owner, the vehicle owner is notified by police and must pay all towing and storage fees to get their vehicle back at the end of the seven-day impoundment period. The vehicle owner may attempt to recover these costs from the driver through the courts. Our message is clear: if you are going to lend your vehicle to anyone, make sure they have a valid licence.
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 drivers licence through the Ministry of Transportation (MTO):
Both the automated telephone and web service will provide a response of "valid - ignition interlock require" if the driver requires an approved ignition interlock device to legally operate a motor vehicle. A drivers abstract will also indicate if the driver is subject to an ignition interlock condition for driving.
Seven days is long enough to remove the immediate danger to other road users posed by these dangerous driving behaviours. In addition, it is sufficient time for the driver to consider the consequences of their actions.
Ontarios three new vehicle impoundment programs are comparatively short in length and therefore do not have an appeals process. This is also the case for Ontarios seven-day street racing impoundments.
Good carriers check the licence status of their drivers regularly. However, if a licence status changes between checks, and the driver is caught, a carrier will face significant financial and operational burdens with a 7-day vehicle impoundment.
To address this concern, the ministry has introduced an alternate program for larger commercial vehicles. Under this program, if the operator of a commercial vehicle is caught driving under an HTA-related suspension, including default of family support, the vehicle will not be subject to a 7-day impoundment if the driver has been suspended for less than 100 days.
This provides a reasonable time for carriers to conduct regular quarterly licence checks on their drivers. All drivers will continue to be subject to existing sanctions (i.e. driving while under licence suspension) regardless of whether the vehicle is impounded.
The alternate program is limited in scope. Commercial vehicles will be subject to the 7-day impoundment under the following circumstances:
Regardless of whether the commercial vehicle is impounded, any driver operating under a licence suspension will not be permitted to continue their trip and will face additional sanctions (i.e. driving while under licence suspension).
Carrier-related impound expenses can be much higher than those incurred by smaller vehicles. Typical towing and impoundment costs for these larger vehicles can run between $1,200 and $1,500. As well, there are logistical challenges and costs associated with sending a new driver and vehicle to complete the trip (only the motor vehicle is impounded, trailers may continue the trip).
There are also potential costs associated with replacing perishable cargo and equipment delayed by impoundment (e.g., livestock, cement mixer drum if concrete hardens), and the prospect of stranding passengers in the case of a bus impoundment.