Street Racing Act, 2006 Klees, Frank — Bill 122 (38th Parliament, 2nd Session)

Bill 122, 38-2

Ontario — Bills

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Bill 122, Street Racing Act, 2006

Klees, Frank

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[38] Bill 122 Original (PDF)

Bill 122 2006

Act to enhance safety on Ontario’s roads and to empower police officers to shut

down street racing

Note:

This Act amends the Highway Traffic Act . For the

legislative history of the Act, see Public Statutes –

Detailed Legislative History on www.e-Laws.gov.on.ca.

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Part

X of the Highway Traffic Act is amended by adding

the following section:

Measures

against street racing

172.1

(1) If a police officer has reason to

believe that a person is driving, or has driven, a motor vehicle on a highway

in a race, the officer may,

(

a) request

that the person surrender his or her driver’s licence;

(

b) order

the motor vehicle that was being driven by the person to be impounded; or

(

c) both

request the surrender of the driver’s licence as provided in clause (

a) and

order the motor vehicle to be impounded as provided in clause (b).

Licence

suspension

(2) A person who receives a request under

clause (1) (

a) or (

c) 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, the licence is suspended and

invalid for any purpose for a period of 48 hours from the time the request is

made, subject to subsection (3).

Out-of-province

licences

(3) If the driver’s licence is issued by

another jurisdiction, it is not suspended, but the person’s privilege to drive

a motor vehicle in Ontario is suspended for 48 hours and subsections (7) to

(15) apply as if the suspension of the privilege were the suspension of a driver’s

licence.

Vehicle

impoundment

(4) Upon giving an order to impound a motor

vehicle, as described in subsection (8), to the driver of the motor vehicle,

the motor vehicle shall, at the cost of and risk to the owner,

(

a) be

removed to an impound facility as directed by a police officer; and

(

b) be

impounded for 48 hours.

Release

of vehicle

(5) Subject to subsection (12), the motor

vehicle shall be released to its owner from the impound facility upon the

expiry of the period of impoundment.

Early

r elease

of vehicle

(6) Despite an order to impound being made

under this section, a police officer may order that the motor vehicle be

released to the owner before the expiry of the 48 hours if the officer is

satisfied that the motor vehicle was stolen at the time that it was driven on a

highway in a race.

Duty

of officer re licence suspension

(7) 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 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 may be recovered.

Duty

of officer re impoundment

(8) Every officer who orders that a motor

vehicle be impounded under this

section shall keep a written record of the

motor vehicle impounded with the name and address of the driver and the

date and time of the impoundment and, at the time of the impoundment, shall

provide the driver with a written order that includes a statement of the time

from which the impoundment takes effect, the length of the period during which

the motor vehicle is impounded and the place where the vehicle may be

recovered.

appeal or review

(9) There is no appeal or review from a

licence suspension or impound order under this section.

Removal

of vehicle

(10) 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 whose licence is suspended of the location of the

storage.

Lien

for costs

(11) The costs incurred in moving and

storing a vehicle under subsection (10) and the costs incurred by the person

who operates the impound facility where a vehicle is impounded under this

section are a lien on the vehicle that may be enforced under the Repair and

Storage Liens Act .

Payment

of costs

(12) The person who operates the impound

facility where a motor vehicle is impounded under subsection (4) or stored

under subsection (10) is not required to release the motor vehicle until the removal

and impound costs for the vehicle have been paid.

Other

proceedings and penalties

(13) The suspension of a licence or an

order to impound a motor vehicle under this

section is intended to safeguard

the driver and the public and to promote compliance with this Act and does not

constitute an alternative to any proceeding or penalty arising from the same

circumstances or around the same time.

Forms

(14) The Minister may require that forms

approved by the Minister be used for any purpose of this section.

Regulations

(15) The Lieutenant Governor in Council may

make regulations,

(

a) prescribing

the criteria that a police officer shall take into consideration in order to be

satisfied that a person has driven a motor vehicle on a highway in a race;

(

b) requiring

police officers to keep records with respect to licence suspensions and impound

orders under this

section for a specified period of time and to report

specified information with respect to licence suspensions and impound orders to

the Registrar and governing such records and reports;

(

c) exempting

any class of persons or class of vehicles from any provision of this

section or

of any regulation made under this section, prescribing conditions for any of

the exemptions and prescribing different requirements for different classes of

persons or vehicles.

Part

X of the Act is amended by adding the following section:

Nitrous

oxide fuel systems prohibited

172.2

(1) No

person shall drive or permit to be driven on a highway a motor vehicle

equipped with a nitrous oxide fuel system unless,

(

a) the

part of the nitrous oxide fuel system comprising the canister, bottle, tank or

other store of nitrous oxide is completely disconnected from the other parts of

the system;

(

b) the

disconnection can be observed by looking at the interior or exterior of the

motor vehicle; and

(

c) the

disconnected parts cannot be reconnected from the driver or passenger seats.

Sample

inspection

(2) A police officer exercising his or her

powers under

section 82 may take or cause to be taken a sample of any substance

from a motor vehicle to determine whether or not the motor vehicle contains

nitrous oxide.

Seizure

and disposal of nitrous oxide

(3) A police officer exercising his or her

powers under

section 82 may,

(

a) remove

nitrous oxide, or the part of the nitrous oxide fuel system comprising the

canister, bottle, tank or other store of nitrous oxide, from a vehicle and

dispose of them, or cause their removal and disposal, at the cost and risk of

the driver and owner, who are jointly and severally liable; or

(

b) order

the driver or owner of the vehicle to remove nitrous oxide, or the part of the

nitrous oxide fuel system comprising the canister, bottle, tank or other store

of nitrous oxide, from a vehicle and dispose of them appropriately.

Deemed

service

(4) Service of an order under clause (3)

(

b) to the driver of the vehicle shall be deemed to be service on the owner of

the vehicle.

Offence

(5) Every person who contravenes or fails

to comply with subsection (1) or an order of a police officer under clause (3)

(

b) is guilty of an offence and on conviction is liable to a fine of not less

than $500 and not more than $2,000 or to imprisonment for a term of not more

than six months, or to both.

Sample

analysis

(6) The Minister may authorize any person

or class of persons to analyze a sample of a substance taken under subsection

(2) at the request of a police officer.

Evidence

(7) In any proceeding instituted under this

Act, a certificate of analysis of a substance, in a form approved by the

Minister, that is issued and signed by a person authorized under subsection

(6) is proof, in the absence of evidence to the contrary, of the facts stated in it

and of the authority of the person signing the certificate to make the

analysis, without other proof of his or her authorization.

Forms

(8) The Minister may require that forms

approved by the Minister be used for any purpose of this section.

Regulations

(9) The Lieutenant Governor in Council may

make regulations exempting any class of persons or vehicles from any

requirement or provision of this section, prescribing conditions for any of the

exemptions and prescribing different requirements for different classes of

persons or vehicles.

Commencement

3. This

Act comes into force on a day to be named by proclamation of the Lieutenant

Governor.

Short

title

4 . The

short title of this Act is the Street Racing Act, 2006 .

EXPLANATORY

NOTE

The

Bill amends the Highway Traffic Act by adding two

new sections.

New

section 172.1 authorizes a police officer to suspend the driver’s licence of a

person for 48 hours or impound, for 48 hours, the vehicle that the person is

driving, or both, if the police officer has reason to believe that the person

has driven the vehicle on a highway in a race.

New

section 172.2 prohibits driving a motor vehicle equipped with a nitrous oxide

fuel system unless the part of the system where the nitrous oxide is stored is

disconnected from the rest of the system and cannot be reconnected from the

driver or passenger seats, and the disconnection is observable by looking at

either the interior or exterior of the vehicle.

Date Bill stage Activity Committee

June 7, 2006

First Reading

Carried

Debates and Progress

First Reading

June

7, 2006

Second Reading

Committee

Third Reading

Royal Assent :

Coming into force :Proclamation

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-Laws

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Document details

Collection	Ontario — Bills
Citation	Bill 122, 38-2
Type	bill
Volume / chapter	p38 s2 bill 122 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	2542f42fa62b1aa2ae277d1f6c0b2ba1049f6cc3

Source file is stored in the law ingest library (html).