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Bill 170, Protecting Passenger Safety Act, 2019

Fraser, John

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Acts affected

Original

Bill 170 Original (PDF)

EXPLANATORY

NOTE

The

Bill amends the Highway Traffic Act with respect to

the offences related to picking up a passenger in a motor vehicle for the

purpose of transporting him or her for compensation without a required licence,

permit or authorization under

section 39.1 of the Act. The fine for these

offences is increased.

a person is convicted of an offence and if the Lieutenant Governor in Council

has made a regulation providing for a demerit point system, the Registrar shall

record three demerit points in respect of the person. If an officer believes on

reasonable and probable grounds that a person has committed this offence after

having been convicted of the same offence within the preceding five years, the

officer shall suspend the driver’s licence and impound his or her motor vehicle

for 30 days.

Bill 170 2019

Act to amend the Highway Traffic Act to increase the penalty for transporting a

passenger for compensation without a licence, permit or authorization

Her

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

Province of Ontario, enacts as follows:

(1) Subsection 39.1 (8) of the Highway Traffic

Act is repealed and the following substituted:

Offence

(8) Every

person who contravenes subsection (1), (2), (3), (4) or (6) is guilty of an

offence and on conviction is liable to a fine of not less than $500 and not

more than $30,000.

(2) Section

39.1 of the Act is amended by adding the following subsection:

Penalty,

demerits

(8.1) If

a person is convicted of an offence under subsection (1) and if the Lieutenant

Governor in Council has made a regulation providing for a demerit point system

under subsection 56 (1), the Registrar shall record three demerit points in

respect of the person as of the date of the commission of the offence.

The Act is amended by adding the following section:

Contravention

of s. 39.1

(1) Surrender

of licence and vehicle detention

39.2

(1) If a

police officer or officer appointed for carrying out the provisions of this Act

believes on reasonable and probable grounds that a person has picked up a

passenger in contravention of subsection 39.1 (1) and, if the officer

determines that the person has been convicted within the preceding five years

of an offence under subsection 39.1 (1), the officer shall,

(

a) request

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

(

b) detain

the motor vehicle that was used to pick up the passenger until it is impounded

under clause (3) (b).

Administrative

30-day licence suspension

(2) Upon a request being made under

clause (1) (a), the person to whom the request is made shall immediately

surrender his or her driver’s licence to the officer and, whether or not the

person is unable or fails to surrender the licence to the officer, his or her

driver’s licence is suspended for a period of 30 days from the time the request

is made.

Administrative

vehicle impoundment

(3) Upon a motor vehicle being

detained under clause (1) (b), the motor vehicle shall, at the cost of and risk

to its owner,

(

a) be

removed to an impound facility as directed by the officer; and

(

b) be

impounded for 30 days from the time it was detained under clause (1) (b).

Release

of vehicle

(4) 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

release of vehicle

(5) Despite the detention or impoundment

of a motor vehicle under this section, a police officer or officer appointed

for carrying out the provisions of this Act may release the motor vehicle to

its owner before it is impounded under subsection (3) or, subject to subsection

(12), may direct the operator of the impound facility where the motor vehicle

is impounded to release the motor vehicle to its owner before the expiry of the

30 days if the officer is satisfied that the motor vehicle was stolen at the

time that it was driven on a highway in contravention of subsection 39.1 (1).

Duty

of officer re licence suspension

(6) Every officer who asks for the

surrender of a person’s driver’s licence under this

section shall keep a record

of the licence received with the name and address of the person and the date

and time of the suspension and shall, as soon as practicable after receiving

the licence, provide the person with a notice of suspension showing the time

from which the suspension takes effect and the period of time for which the licence

is suspended.

Duty

of officer re impoundment

(7) Every officer who detains a

motor vehicle under this

section shall prepare a notice identifying the motor

vehicle that is to be impounded under subsection (3), the name and address of

the driver and the date and time of the impoundment and shall, as soon as

practicable after the impoundment of the motor vehicle, provide the driver with

a copy of the notice showing the time from which the impoundment takes effect,

the period of time for which the motor vehicle is impounded and the place where

the vehicle may be recovered.

Same

(8) An officer shall provide a copy

of the notice prepared under subsection (7) to the owner of the motor vehicle

by delivering it personally or by mail to the address of the owner shown on the

permit for the motor vehicle or to the latest address for the owner appearing

on the records of the Ministry.

Personal

property in vehicle available to owner

(9) 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.

appeal or hearing

(10) There is no appeal from, or

right to be heard before, a vehicle detention, driver’s licence suspension or

vehicle impoundment under subsection (1), (2) or (3).

Lien

for storage costs

(11) The costs incurred by the

person who operates the impound facility where a motor vehicle is impounded

under this

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

the Repair and Storage Liens Act .

Costs

to be paid before release of vehicle

(12) The person who operates the

impound facility where a motor vehicle is impounded under subsection (3) is not

required to release the motor vehicle until the removal and impound costs for

the vehicle have been paid.

Owner

may recover losses from driver

(13) The owner of a motor vehicle

that is impounded under this

section may bring an action against the driver of

the motor vehicle at the time the vehicle was detained under clause (1) (

b) to

recover any costs or other losses incurred by the owner in connection with the

impoundment.

Offence

(14) 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 $5,000 or to imprisonment for a term of not

more than six months, or to both.

Intent

of suspension and impoundment

(15) The suspension of a driver’s

licence and the impoundment of a motor vehicle under this

section are intended

to promote compliance with this Act and to thereby safeguard the public and do

not constitute an alternative to any proceeding or penalty arising from the

same circumstances or around the same time.

Impoundment

concurrent with other administrative impoundments

(16) The impoundment of a motor

vehicle under this

section runs concurrently with an impoundment, if any, of

the same motor vehicle under

section 41.4, 48.4, 55.1, 55.2, 82.1 or 172.

Regulations

(17) The Lieutenant Governor in

Council may make regulations,

(

a) requiring

police officers or officers appointed for carrying out the provisions of this

Act to keep records with respect to licence suspensions and vehicle

impoundments under this

section for a specified period of time and to report

specified information with respect to licence suspensions and vehicle

impoundments to the Registrar and governing such records and reports;

(

b) exempting

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

requirement of this

section or of any regulation made under this section,

prescribing conditions for any such exemptions and prescribing different

requirements for different classes of persons or different classes or types of

vehicles.

Definition

(18) In this section,

“driver’s

licence” includes a driver’s licence issued by another jurisdiction.

Subsection 41.4 (21) of the Act is amended by adding “39.2” before “48.4”.

Subsection 48.4 (21) of the Act is amended by adding “39.2” before “41.4”.

Subsection 55.1 (37) of the Act is amended by adding “39.2” before “41.4”.

Subsection 55.2 (21) of the Act is amended by adding “39.2” before “41.4”.

Subsection 82.1 (36.2) of the Act is amended by adding “39.2” before “41.4”.

Subsection 172 (18.1) of the Act is amended by adding “39.2” before “41.4”.

Commencement

This Act comes into force on the day it receives Royal Assent.

Short

title

The

short title of this Act is the Protecting Passenger

Safety Act, 2019 .

Date Bill stage Event Outcome Committee

December 12, 2019

First Reading

Vote

Carried

Debates and Progress

First Reading

December 12, 2019

Committee

Second Reading

Committee

Third Reading

Royal Assent

Acts affected - Bill 170

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

Highway Traffic Act

Legislative Assembly of Ontario

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