The owner of the vehicle is the only party who can appeal the impoundment. An appeal may be made to the Licence Appeal Tribunal on one of two grounds:
- If the vehicle was stolen
- If the critical defect was not present at the time of the daily inspection
During the appeal, the owner may apply to the Superior Court of Justice to have the vehicle released from the impound facility after all fees and towing charges have been paid and security has been posted. The Superior Court of Justice will set security of between $5,000 and $10,000.
If the appeal is successful, the owner will be reimbursed by the Crown for the cost of towing and impound fees.
If the Order to Impound and Suspend is not overturned, the owner must return the vehicle to the impound facility for the remainder of the period or forfeit the posted security.
Appeals will be conducted orally unless a written hearing is requested and agreed upon. Hearings will be heard as quickly as possible and decided on within 30 days where required. Appeals may be heard in numerous locations across Ontario.
Effect on Your CVOR Record
The impoundment will be recorded on the operator's CVOR record and applicable points will be assigned.
For further information contact:
Ministry of Transportation
Carrier Safety and Enforcement Branch
Commercial Vehicle Impoundment Program
301 St. Paul St., 3rd Floor
St. Catharines, Ontario L2R 7R4
Telephone: (416) 246-7166 or 1-800-387-7736 (in Ontario only)
Fax: (905) 704-2683