安省交通法规全文The Ontario Highway Traffic Act

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PART V
* W) M( f( f! u7 h% K0 HGARAGE AND STORAGE LICENCES

Licence respecting dealing in motor vehicles, etc.

59. (1) No person shall deal in motor vehicles or trailers, operate a used car lot or engage in the business of wrecking or dismantling of vehicles without having been licensed so to do by the Ministry in respect of each separate premises used by the person for the purpose of the business. R.S.O. 1990, c. H.8, s. 59 (1).

Exception

(2) Subsection (1) does not apply to a person who is registered as a motor vehicle dealer in accordance with the Motor Vehicle Dealers Act, 2002. R.S.O. 1990, c. H.8, s. 59 (2); 2002, c. 30, Sched. E, s. 7.

Fee

(3) The fee for the licence shall be such as may be fixed from time to time by the Lieutenant Governor in Council on the recommendation of the Minister. R.S.O. 1990, c. H.8, s. 59 (3).

Penalty

(4) Every person who deals in motor vehicles or trailers or operates a used car lot or engages in the wrecking or dismantling of vehicles in contravention of subsection (1) is guilty of an offence and on conviction is liable to a fine of not more than $1,000. R.S.O. 1990, c. H.8, s. 59 (4).

Right of entry and inspection

(5) Any police officer or any officer appointed for carrying out the provisions of this Part may enter into any place where motor vehicles, trailers or bicycles are stored or dealt in, or into any garage, repair shop, used car lot or premises used for the wrecking or dismantling of vehicles, and make the investigation and inspection that he or she thinks proper for the purposes of this Part. R.S.O. 1990, c. H.8, s. 59 (5).

Penalty for interference with police officer

(6) Every person who obstructs, molests or interferes with any police officer or officer in the performance of his or her duties under subsection (5) is guilty of an offence and on conviction is liable to a fine of not less than $100 and not more than $500 or to imprisonment for a term of not more than six months, or to both. R.S.O. 1990, c. H.8, s. 59 (6).

Suspension or cancellation of licence by Minister

(7) The Minister may suspend or cancel the licence issued for dealing in motor vehicles or trailers, operating a used car lot, or for wrecking or dismantling vehicles, for misconduct or for non-compliance with or infraction of this Act or the regulations by the holder of the licence or by any of the licence holder’s employees or for any other reason appearing to him or her to be sufficient. R.S.O. 1990, c. H.8, s. 59 (7).

Regulations

(8) The Lieutenant Governor in Council may make regulations controlling and governing the business of dealing in motor vehicles or trailers, operating a garage, repair shop or used car lot, or the wrecking or dismantling of vehicles. R.S.O. 1990, c. H.8, s. 59 (8).

Definition

(9) In this section,

“motor vehicle” does not include a motor assisted bicycle. R.S.O. 1990, c. H.8, s. 59 (9).

Second-hand vehicles, offences

Record-keeping

60. (1) Every person who buys, sells, wrecks or otherwise deals in second-hand motor vehicles, trailers or bicycles shall keep a complete record of all motor vehicles, trailers and bicycles bought, sold or wrecked and of the information that will enable the motor vehicles, trailers and bicycles to be readily identified, and shall transmit to the Ministry, within six days after the event, on forms furnished by the Ministry, a statement of each motor vehicle or trailer bought, sold or wrecked by the person and the information with reference thereto that may be required by the Ministry. R.S.O. 1990, c. H.8, s. 60 (1).

Prohibition as to buying where number obliterated

(2) No person shall buy, sell, wreck or otherwise deal with any motor vehicle or bicycle or a trailer that has a gross weight exceeding 1,360 kilograms where the manufacturer’s vehicle identification number or similar identifying mark has been obliterated or defaced or is not readily recognizable. R.S.O. 1990, c. H.8, s. 60 (2).

Defacing vehicle identification

(3) No person shall deface or remove the manufacturer’s vehicle identification number or identifying mark from a motor vehicle or from the engine thereof or from a bicycle or from a trailer that has a gross weight exceeding 1,360 kilograms. R.S.O. 1990, c. H.8, s. 60 (3).

Report as to cars stored or parked

(4) If a motor vehicle is placed in the possession of a person who repairs, buys, sells, wrecks or stores motor vehicles or operates a garage business, parking station, parking lot or used car lot and the vehicle remains in the person’s possession for more than two weeks without good reason, the person shall forthwith, upon the expiration of the two-week period, make a report to the nearest police officer in accordance with subsection (6). R.S.O. 1990, c. H.8, s. 60 (4).

Report as to damaged or bullet-marked cars

(5) If a motor vehicle that shows evidence of having been involved in a serious accident or having been struck by a bullet is brought into a garage, parking station, parking lot, used car lot or repair shop, the person in charge of the garage, parking station, parking lot, used car lot or repair shop shall forthwith make a report to the nearest police officer in accordance with subsection (6). R.S.O. 1990, c. H.8, s. 60 (5).

Information to be reported

(6) A person making a report under subsection (4) or (5) shall give a description of the vehicle and, if known, the vehicle identification number, the permit number, and the name and address of the owner or operator. R.S.O. 1990, c. H.8, s. 60 (6).

Offence

(7) Every person who contravenes,

(a) subsection (1) is guilty of an offence and on conviction is liable to a fine of not less than $50 and not more than $100;

(b) subsection (2) or (3) is guilty of an offence and on conviction is liable to a fine of not less than $500 and not more than $1,000;

(c) subsection (4) is guilty of an offence and on conviction is liable to a fine of not less than $20 and not more than $100;

(d) subsection (5) is guilty of an offence and on conviction is liable to a fine of not less than $100 and not more than $500. R.S.O. 1990, c. H.8, s. 60 (7).

PART VI
/ u5 a, k3 c/ E9 O. j rEQUIPMENT

Definitions, Part VI

61. In this Part,

“motor vehicle” does not include a motor assisted bicycle; (“véhicule automobile”)

“vehicle”, in addition to the meaning set out in subsection 1 (1), includes a conversion unit and a trailer converter dolly. (“véhicule”) R.S.O. 1990, c. H.8, s. 61; 2009, c. 5, s. 27.

Lamps

Lamps required on all motor vehicles except motorcycles

62. (1) When on a highway at any time from one-half hour before sunset to one-half hour after sunrise and at any other time when, due to insufficient light or unfavourable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 150 metres or less, every motor vehicle other than a motorcycle shall carry three lighted lamps in a conspicuous position, one on each side of the front of the vehicle which shall display a white or amber light only, and one on the rear of the vehicle which shall display a red light only. R.S.O. 1990, c. H.8, s. 62 (1).

Lamps required on motorcycles

(2) Subject to subsection (3), when on a highway at any time every motorcycle shall carry two lighted lamps in a conspicuous position, one on the front of the vehicle which shall display a white light only, and one on the rear of the vehicle which shall display a red light only. R.S.O. 1990, c. H.8, s. 62 (2).

Idem

(3) When on a highway at any time every motorcycle with a side car shall carry a lighted lamp in a conspicuous position on each side of the front of the vehicle which lamps shall display a white or amber light only and a lighted lamp on the rear of the vehicle which shall display a red light only. R.S.O. 1990, c. H.8, s. 62 (3).

Light requirement

(4) Any lamp required under subsection (1), (2) or (3) shall, when lighted, be clearly visible at a distance of at least 150 metres from the front or rear, as the case may be. R.S.O. 1990, c. H.8, s. 62 (4).

Exception

(5) Despite subsections (2) and (3), where a motorcycle that was manufactured prior to the 1st day of January, 1970 is operated on a highway, the lighted lamps required under subsections (2) and (3) shall be required only during the period from one-half hour before sunset to one-half hour after sunrise, or at any other time when, due to insufficient light or unfavourable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 150 metres or less. R.S.O. 1990, c. H.8, s. 62 (5).

Strength of lamps

(6) Lamps on the front of a motor vehicle shall be so constructed, located, arranged and adjusted that when lighted as required by subsections (1), (2) and (3) they produce under normal atmospheric conditions and on a level road a driving light sufficient to render clearly discernible to the operator of the motor vehicle any person or vehicle on the highway within a distance of 110 metres ahead of the motor vehicle. R.S.O. 1990, c. H.8, s. 62 (6).

Attachment that affects lamps prohibited

(7) No person shall drive upon a highway a motor vehicle if either or both of the lamps that are required on the front of the vehicle by subsections (1), (2) and (3),

(a) are coated or covered with a coloured material; or

(b) have been modified by the attachment to the lamps or the motor vehicle of any device that reduces the effective area of the lenses or the intensity of the beam of the lamps. 2002, c. 18, Sched. P, s. 19 (1).

Exception

(7.1) Clause (7) (a) does not apply if the lamps are of the prescribed type or meet the prescribed standards. 2002, c. 18, Sched. P, s. 19 (1).

Lighted streets

(8) Subsection (6) does not apply to a motor vehicle parked on a highway and subsections (1), (2), (3), (10), (11), (13), (23), (24), (26) and (27) do not apply to a vehicle parked on a highway upon which the speed limit is not greater than 50 kilometres per hour and which is so lighted by the means of any system of street or highway lighting that the vehicle is clearly discernible within a distance of sixty metres. R.S.O. 1990, c. H.8, s. 62 (8).

Strength of front lamps

(9) No motor vehicle shall carry on the front thereof more than four lighted lamps that project a beam having an intensity of over 300 candela. R.S.O. 1990, c. H.8, s. 62 (9).

Clearance lamps required on wide vehicles

(10) When on a highway at any time from one-half hour before sunset to one-half hour after sunrise and at any other time when, due to insufficient light or unfavourable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 150 metres or less,

(a) every commercial motor vehicle and trailer having a width at any part in excess of 2.05 metres, other than a truck tractor, shall carry, in addition to the lamps required by subsection (1), two lighted clearance lamps, one on each side of the front of the vehicle, which shall display an amber light, and two lighted clearance lamps, one on each side of the rear of the vehicle, which shall display a red light; or

(b) every truck tractor having a width at any part in excess of 2.05 metres shall carry, in addition to the lamps required by subsection (1), two lighted clearance lamps, one on each side of the front of the vehicle, which shall display an amber light, and one lighted clearance lamp on the left side of the rear of the vehicle, which shall display a red light,

and the Ministry may by regulation permit a reflector, approved by the Ministry, to be displayed in lieu of clearance lamps on the rear of the vehicle, and all the lamps shall be affixed so as to indicate the overall width of the vehicle. R.S.O. 1990, c. H.8, s. 62 (10).

Identification lamps

(11) When on a highway at any time from one-half hour before sunset to one-half hour after sunrise and at any other time when, due to insufficient light or unfavourable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 150 metres or less, every commercial motor vehicle or combination of a commercial motor vehicle and a trailer having a length in excess of 9.2 metres or a width in excess of 2.05 metres shall carry three lighted lamps displaying green or amber lights at the front, except in the case of a public vehicle which shall display amber lights at the front, and three lighted lamps displaying red lights at the rear, and the lights of each colour shall be evenly placed not less than 150 millimetres nor more than 310 millimetres apart along a horizontal line as near the top of the commercial motor vehicle or combination of a commercial motor vehicle and a trailer as the permanent structure permits, and shall be visible for distances of 150 metres from the front and rear respectively of the commercial motor vehicle or combination of a commercial motor vehicle and a trailer. R.S.O. 1990, c. H.8, s. 62 (11).

Rear identification lamps on tractor without trailer

(12) Despite subsection (11), a truck tractor driven on a highway without a trailer or semi-trailer is not required to carry the three red lamps displaying red lights to the rear. R.S.O. 1990, c. H.8, s. 62 (12).

Side marker lamps

(13) When on a highway at any time from one-half hour before sunset to one half-hour after sunrise and at any other time when, due to insufficient light or unfavourable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 150 metres or less, every motor vehicle or combination of vehicles having a length in excess of 6.1 metres shall carry not fewer than four lighted side marker lamps, one of which shall be located on each side of the vehicle or combination of vehicles near the front and shall display a green or amber light and one of which shall be located on each side of the vehicle or combination of vehicles near the rear and shall display a red light and each of which lights shall be visible for a distance of 150 metres from the side of the vehicle or combination of vehicles upon which it is located; provided that a vehicle or combination of vehicles may carry four reflectors approved by the Ministry instead of the side marker lamps required by this section; and provided further that, if the clearance lamps upon the left side of any vehicle or combination of vehicles display lights visible for a distance of 150 metres from the left side of the vehicle or combination of vehicles, it is not necessary to carry side marker lamps as required by this subsection on the left side of the vehicle. R.S.O. 1990, c. H.8, s. 62 (13).

Intermittent red light restricted

(14) Subject to subsections (14.1) and (15), no person shall use a lamp, other than the vehicular hazard warning signal lamps commonly known as four way flashers, that produces intermittent flashes of red light. R.S.O. 1990, c. H.8, s. 62 (14); 2007, c. 13, s. 17 (1).

Red and blue lights to the front restricted

(14.1) In addition to the lighting requirements in this Part, a police department vehicle may carry lamps that cast red and blue lights, but no other motor vehicle shall carry any lamp that casts red and blue lights to the front. 2007, c. 13, s. 17 (2).

Red light in front

(15) In addition to the lighting requirements in this Part, a vehicle described in subsection (15.1) may carry lamps that cast a red light only or such other colour of light that may, with the approval of the ministry, be designated by a by-law of the municipality in which the vehicle is operated, but no other motor vehicle shall carry any lamp that casts a red light to the front. 1998, c. 35, s. 103.

Same

(15.1) The following are vehicles to which subsection (15) applies:

1. An ambulance, fire department vehicle, police department vehicle, public utility emergency vehicle or school bus.

2. A ministry vehicle operated by an officer appointed for carrying out the provisions of this Act or the Public Vehicles Act, while the officer is in the course of his or her employment.

3. A vehicle while operated by a conservation officer, fishery officer, provincial park officer or mine rescue training officer, while the officer is in the course of his or her employment.

4. A vehicle while operated by a provincial officer designated under the Environmental Protection Act, the Nutrient Management Act, 2002, the Ontario Water Resources Act, the Pesticides Act, the Safe Drinking Water Act, 2002 or the Toxics Reduction Act, 2009, while the officer is in the course of his or her employment.

5. A prescribed class or type of vehicle, driven by a prescribed class of persons or engaged in a prescribed activity or in prescribed conditions or circumstances. 1998, c. 35, s. 103; 2002, c. 4, s. 64; 2002, c. 18, Sched. P, s. 19 (2); 2007, c. 13, s. 17 (3, 4); 2009, c. 19, s. 68 (1).

Green flashing light restricted

(16) The following persons may carry on or in his or her vehicle and operate a lamp that produces intermittent flashes of green light:

1. A firefighter, within the meaning of subsection 1 (1) of the Fire Protection and Prevention Act, 1997, while proceeding to a fire or other emergency.

2. A prescribed class of volunteer medical responder, while driving a prescribed class or type of vehicle or engaging in a prescribed activity or in prescribed conditions or circumstances. 2007, c. 13, s. 17 (5).

Same

(16.1) No person other than a person described in subsection (16) shall operate a lamp that produces intermittent flashes of green light. 1994, c. 35, s. 1.

Lights and reflectors on bicycles, etc.

(17) When on a highway at any time from one-half hour before sunset to one-half hour after sunrise and at any other time when, due to insufficient light or unfavourable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 150 metres or less, every motor-assisted bicycle and bicycle (other than a unicycle) shall carry a lighted lamp displaying a white or amber light on its front and a lighted lamp displaying a red light or a reflector approved by the Ministry on its rear, and in addition white reflective material shall be placed on its front forks, and red reflective material covering a surface of not less than 250 millimetres in length and 25 millimetres in width shall be place on its rear. 2009, c. 5, s. 28 (1).

Penalty

(18) Every person who contravenes subsection (17) is guilty of an offence and on conviction is liable to a fine of not more than $20. R.S.O. 1990, c. H.8, s. 62 (18).

Rear lamps to illuminate number plate

(19) The lamp on the rear of a motor vehicle or trailer shall be of at least three candela and shall be so placed that it will, at any time from one-half hour before sunset to one-half hour after sunrise and at any other time when, due to insufficient light or unfavourable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 150 metres or less, illuminate the numbers on the number plate, or, if provision is made on the number plate or on any attachment furnished or required by the Ministry for affixing the lamp, it shall be affixed in the position or space provided, and the lamp shall face to the rear and reflect on the number plate a white light only. R.S.O. 1990, c. H.8, s. 62 (19).

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Parking lights

(20) A motor vehicle, other than a commercial motor vehicle, while standing upon a highway at the times that lights are required by this section for the vehicle may, in lieu of the lighting equipment specified in this section, show one light carried on the left side of the vehicle in such a manner as to be clearly visible to the front and rear for a distance of at least sixty metres and to show white to the front and red to the rear of the vehicle; provided that the light shall not be displayed while the motor vehicle is in motion. R.S.O. 1990, c. H.8, s. 62 (20).

Regulations as to lights on vehicles

(21) The Lieutenant Governor in Council may make regulations,

(a) prescribing the type and maximum strength of lights that shall be carried by vehicles, and regulating the location, direction, focus and use of the lights;

(b) regulating or prohibiting the use of lights on vehicles that automatically produce intermittent flashes of light;

(c) prescribing types of, or standards for, lamps coated or covered with a coloured material that may be used for the purpose of subsection (7.1);

(d) prescribing classes or types of vehicles, classes of drivers, activities, conditions and circumstances for the purpose of paragraph 5 of subsection (15.1);

(e) prescribing classes of volunteer medical responders, classes or types of vehicles, activities, conditions and circumstances for the purpose of paragraph 2 of subsection (16);

(f) governing the training, qualifications and certification of persons prescribed under clause (d) or (e) or who may drive vehicles prescribed under those clauses. R.S.O. 1990, c. H.8, s. 62 (21); 2002, c. 18, Sched. P, s. 19 (3); 2007, c. 13, s. 17 (6).

Same

(21.1) A regulation made under clause (21) (c) may prescribe different types of lamps and different standards for different classes of motor vehicles. 2002, c. 18, Sched. P, s. 19 (4).

Same

(21.2) A regulation made under subsection (21) may provide differently for different classes of persons, different types or classes of vehicles or for different activities, conditions or circumstances. 2007, c. 13, s. 17 (7).

Spotlamps

(22) No motor vehicle, other than a public utility emergency vehicle, shall be equipped with more than one spotlamp and every lighted spotlamp shall be so directed, upon approaching or upon the approach of another vehicle, that no part of the high intensity portion of the beam from the lamp will be directed to the left of the prolongation of the extreme left side, nor more than thirty metres ahead, of the vehicle to which it is attached. R.S.O. 1990, c. H.8, s. 62 (22).

Lamps to be carried on engine

(23) Every traction engine shall, at any time from one-half hour before sunset to one-half hour after sunrise and at any other time when, due to insufficient light or unfavourable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 150 metres or less, carry a lighted lamp in a conspicuous place in front, which shall display a white or green light only, and one on the rear of the engine or of any vehicle that may be attached to it, which shall display a red light only. R.S.O. 1990, c. H.8, s. 62 (23).

Lamps required on rear of trailer, etc.

(24) When on a highway at any time from one-half hour before sunset to one-half hour after sunrise and at any other time when, due to insufficient light or unfavourable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 150 metres or less, every trailer and every object or contrivance drawn by a vehicle shall carry on the rear thereof one lighted lamp, which shall display a red light only. R.S.O. 1990, c. H.8, s. 62 (24).

Lights on vehicles, objects and contrivances over 2.6 metres in width

(25) When on a highway at any time from one-half hour before sunset to one-half hour after sunrise and at any other time when, due to insufficient light or unfavourable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 150 metres or less, every vehicle, and every object or contrivance drawn by a vehicle, having a width at any part in excess of 2.6 metres, shall carry at the rear two lighted lamps displaying red lights or two red reflectors, one of which shall be affixed as nearly as possible to the extreme left side and one as nearly as possible to the extreme right side of the vehicle, and such lamps or reflectors shall be clearly visible at a distance of at least 150 metres from the rear of the vehicle. R.S.O. 1990, c. H.8, s. 62 (25).

Lamps on all vehicles, except motor vehicles, etc.

(26) Subject to subsection (28), every vehicle, other than a motor vehicle, motor-assisted bicycle, bicycle (except a unicycle) or a vehicle referred to in subsection (24), (25) or (27), when on a highway at any time from one-half hour before sunset to one-half hour after sunrise and at any other time when, due to insufficient light or unfavourable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 150 metres or less, shall carry in a conspicuous position on the left side a lighted lamp which shall display a white light to the front and a red light to the rear or a lighted lamp which shall display a white light to the front and a lighted lamp which shall display a red light to the rear, and any lamp so used shall be clearly visible at a distance of at least 150 metres from the front and the rear of the vehicle, as the case may be. 2009, c. 5, s. 28 (2).

Lights on farm tractors

(27) Every farm tractor and every self-propelled unit of farm equipment or implement of husbandry equipped with an electric lighting system, when on a highway at any time from one-half hour before sunset to one-half hour after sunrise and at any other time when, due to insufficient light or unfavourable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 150 metres or less, shall carry the lighted lamps required for motor vehicles under subsection (1). R.S.O. 1990, c. H.8, s. 62 (27).

Reflectors in certain cases

(28) The Ministry may by regulation permit a reflector approved by the Ministry to be displayed instead of a lighted lamp on vehicles commonly used for conveying flammable materials or vehicles that are structurally unsuitable for carrying lighted lamps. R.S.O. 1990, c. H.8, s. 62 (28).

Signalling devices required on trucks, buses, etc.

(29) Every motor vehicle or combination of motor vehicle and trailer having a width at any part in excess of 2.05 metres or having a length in excess of 6.1 metres shall be equipped with mechanical or electrical signalling devices that comply with subsections 142 (6) and (8). R.S.O. 1990, c. H.8, s. 62 (29).

Visibility of lights

(30) Where any light is required by any provision of this Act to be visible for a specified distance, the requirement shall be deemed to apply during the times indicated in the provision upon level ground and under normal atmospheric conditions. R.S.O. 1990, c. H.8, s. 62 (30).

Flashing blue light on snow-removal equipment

(31) No person shall, while operating a road service vehicle on a highway, plow, salt or de-ice the highway or apply chemicals or abrasives to the highway for snow or ice control unless the road service vehicle is equipped with a lamp producing intermittent flashes of blue light visible for a distance of 150 metres from all directions. 1996, c. 33, s. 11.

Restriction on use of flashing blue light

(32) No person shall operate a lamp that produces intermittent flashes of blue light on a highway except,

(a) a person operating a road service vehicle in the circumstances described in subsection (31); or

(b) a person operating a police department vehicle, together with a lamp that produces intermittent flashes of red light, as permitted by subsection (14.1). 2007, c. 13, s. 17 (8).

Penalty – commercial motor vehicle

(33) Every person who contravenes subsection (1), (6), (7), (9), (10), (11), (13), (14), (14.1), (15), (16.1), (22), (24), (25), (26), (29), (31) or (32) or who contravenes a regulation made under subsection (21) is guilty of an offence and, if the offence was committed by means of a commercial motor vehicle within the meaning of subsection 16 (1), on conviction is liable to a fine of not less than $200 and not more than $20,000. 1996, c. 20, s. 13; 2007, c. 13, s. 17 (9).

Vehicles with right hand drive

63. Every vehicle that is equipped with a right hand drive shall, unless it is equipped with a mechanical or electrical signal device as described in subsection 142 (6), have prominently displayed on the rear thereof, in bold face letters of not less than 50 millimetres in height and of a colour which is in contrast to that of the vehicle, the words,

“RIGHT HAND DRIVE VEHICLE”.

R.S.O. 1990, c. H.8, s. 63.

Brakes

Brakes, two systems required

64. (1) Every motor vehicle, other than a motorcycle, when driven on a highway shall be equipped with at least two braking systems, each with a separate means of application and effective on at least two wheels, one of which shall be adequate to stop the vehicle as required by regulations made by the Ministry and the other of which shall be adequate to hold the vehicle stationary. R.S.O. 1990, c. H.8, s. 64 (1).

Motorcycles, etc.

(2) Every motorcycle, motor-assisted bicycle or power-assisted bicycle when being driven on a highway shall be equipped with at least two braking systems, each with a separate means of application, with one effective on the front wheel and one effective on the rear wheel. 2009, c. 5, s. 29 (1).

Brakes on bicycle

(3) No person shall ride a bicycle on a highway unless it is equipped with at least one brake system acting on the rear wheel that will enable the rider to make the braked wheel skid on dry, level and clean pavement. R.S.O. 1990, c. H.8, s. 64 (3).

Meaning of bicycle

(4) In subsection (3),

“bicycle” does not include a unicycle, tricycle or power-assisted bicycle. 2009, c. 5, s. 29 (2).

Trailer or semi-trailer

(5) Every trailer or semi-trailer having a gross weight of 1,360 kilograms or more shall be equipped with brakes adequate to stop and to hold the vehicle. R.S.O. 1990, c. H.8, s. 64 (5).

Additional brakes

(6) The Lieutenant Governor in Council may make regulations,

(a) requiring vehicles or any type or class thereof to be equipped with brakes or braking systems in addition to the brakes required by subsection (1), (2), (3) or (5);

(b) prescribing the standards and specifications of brakes and braking systems or any class or type thereof that are required by this section or regulations made under clause (a);

(c) exempting any person or class of persons or any class of bicycles from subsection (3) and prescribing conditions for any such exemption. R.S.O. 1990, c. H.8, s. 64 (6).

Condition of brakes

(7) All such brakes and braking systems shall be maintained in good working order and shall conform to the regulations made under this section. R.S.O. 1990, c. H.8, s. 64 (7).

(8) Repealed: 1999, c. 12, Sched. R, s. 12.

Penalty

(9) Every person who contravenes subsection (1), (5) or (7) or a regulation made under subsection (6) is guilty of an offence and, if the offence was committed by means of a commercial motor vehicle within the meaning of subsection 16 (1) or any trailer within the meaning of subsection (5) that is drawn by a commercial motor vehicle within the meaning of subsection 16 (1), on conviction is liable to a fine of not less than $400 and not more than $20,000. 1996, c. 20, s. 14.

Hydraulic brake and system fluid

65. (1) No person shall sell, offer for sale or install,

(a) hydraulic brake fluid; or

(b) hydraulic system mineral oil,

for use in vehicles upon a highway that does not comply with the standards and specifications prescribed by the regulations or in containers not marked in compliance with the regulations. R.S.O. 1990, c. H.8, s. 65 (1).

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Regulations

(2) The Lieutenant Governor in Council may make regulations,

(a) prescribing the standards and specifications of hydraulic brake fluid or hydraulic system mineral oil or any type or class thereof for use in vehicles;

(b) providing for the identification and labelling of containers used for hydraulic brake fluid or hydraulic system mineral oil or any type or class thereof. R.S.O. 1990, c. H.8, s. 65 (2).

Adoption of codes by reference

(3) Any regulation may adopt by reference, in whole or in part with the changes that the Lieutenant Governor in Council considers necessary, any code of standards or specifications of hydraulic brake fluid or hydraulic system mineral oil. R.S.O. 1990, c. H.8, s. 65 (3).

Penalty

(4) Every person who contravenes this section or any regulation made 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 $1,000. R.S.O. 1990, c. H.8, s. 65 (4).

Other equipment

Windshield wiper, mirror

66. (1) Every motor vehicle other than a motorcycle shall be equipped with,

(a) a device for cleaning rain, snow and other moisture from the windshield so constructed as to be controlled or operated by the driver;

(b) a mirror or mirrors securely attached to the vehicle and placed in such a position as to afford the driver a clearly reflected view of the roadway in the rear, or of any vehicle approaching from the rear. R.S.O. 1990, c. H.8, s. 66 (1).

Exception

(2) Clause (1) (b) applies to all motorcycles except those manufactured in or imported into Canada before the 1st day of January, 1971. R.S.O. 1990, c. H.8, s. 66 (2).

Mudguards

(3) Every motor vehicle and every trailer shall be equipped with mudguards or fenders or other device adequate to reduce effectively the wheel spray or splash of water from the roadway to the rear thereof, unless adequate protection is afforded by the body of the motor vehicle or trailer or by a trailer drawn by the motor vehicle. R.S.O. 1990, c. H.8, s. 66 (3).

Exception

(4) Subsection (3) does not apply to motor vehicles or trailers in an unfinished condition while proceeding to a works for completion. R.S.O. 1990, c. H.8, s. 66 (4).

Odometers

(5) Every motor vehicle other than a motorcycle shall be equipped with an odometer in good working order. R.S.O. 1990, c. H.8, s. 66 (5).

Penalty

(6) Every person who contravenes this section is guilty of an offence and, if the offence was committed by means of a commercial motor vehicle within the meaning of subsection 16 (1) or a trailer that is drawn by a commercial motor vehicle within the meaning of subsection 16 (1), on conviction is liable to a fine of not less than $200 and not more than $20,000. 1996, c. 20, s. 15.

Extended mirrors

67. No person shall drive upon a highway a motor vehicle, other than a commercial motor vehicle, that has attached thereto any mirror or mirrors that extend more than 305 millimetres from the side of the vehicle, except when the motor vehicle is towing another vehicle. R.S.O. 1990, c. H.8, s. 67.

Speedometers required in buses

68. Every bus when driven on a highway shall be equipped with a speedometer which shall be maintained in good working order. R.S.O. 1990, c. H.8, s. 68.

Speed-limiting systems

Required use by commercial motor vehicles

68.1 (1) No person shall drive, or permit the operation of, a commercial motor vehicle on a highway unless the vehicle is equipped with a speed-limiting system that is activated and functioning in accordance with the regulations. 2008, c. 8, s. 1.

Same

(2) Except as authorized by the regulations, no person shall,

(a) deactivate, or permit a person to deactivate, a commercial motor vehicle’s speed-limiting system; or

(b) modify, or permit a person to modify, a commercial motor vehicle’s speed-limiting system such that it ceases to function in accordance with the regulations. 2008, c. 8, s. 1.

Tampering device prohibited

(3) No person shall drive, or permit the operation of, a commercial motor vehicle on a highway if the vehicle is equipped with, has attached to it or carries,

(a) a prescribed device or prescribed equipment; or

(b) another device or equipment that is designed to disguise the fact that the vehicle is not equipped with a speed-limiting system that is activated and functioning in accordance with the regulations. 2008, c. 8, s. 1.

Verifying compliance

(4) A police officer or officer appointed for carrying out the provisions of this Act, in exercising his or her powers under section 82 or 216.1, may require that the driver or other person in charge of a commercial motor vehicle,

(a) provide the officer with access to the vehicle’s computer system in order to retrieve and read any information relevant to the activation and functioning of the vehicle’s speed-limiting system;

(b) surrender to the officer any device or equipment carried in the vehicle that operates as part of the vehicle’s speed-limiting system; and

(c) surrender to the officer any records that the driver is required by the regulations to carry with him or her while driving the vehicle. 2008, c. 8, s. 1.

Same

(5) A driver or other person in charge of a commercial motor vehicle shall comply with any requirement made under subsection (4) by a police officer or officer appointed for carrying out the provisions of this Act. 2008, c. 8, s. 1.

Seizure of tampering device

(6) If a police officer or officer appointed for carrying out the provisions of this Act finds a device or equipment prohibited by subsection (3) in the course of any inspection of a commercial motor vehicle, he or she may detach, if necessary, and seize any such device or equipment. 2008, c. 8, s. 1.

Sale of tampering devices prohibited

(7) No person shall sell, offer or advertise for sale a device or equipment prohibited by subsection (3). 2008, c. 8, s. 1.

Offence

(8) Every person who contravenes or fails to comply with subsection (1), (2), (3), (5) or (7), or a regulation made under this section, is guilty of an offence and on conviction is liable to a fine of not less than $250 and not more than $20,000. 2008, c. 8, s. 1.

Evidentiary presumption

(9) In any proceeding under this section and in the absence of evidence to the contrary, proof that a commercial motor vehicle was driven on a highway at a speed equal to or greater than the speed prescribed for the purpose of this subsection is proof that the vehicle was not equipped with a speed-limiting system that was activated and functioning as required by subsection (1). 2008, c. 8, s. 1.

Forfeiture of tampering device

(10) Where a person is convicted of an offence under subsection (3), any device or equipment seized under subsection (6) by means of which the offence was committed is forfeited to the Crown. 2008, c. 8, s. 1.

Regulations

(11) The Lieutenant Governor in Council may make regulations,

(a) defining “commercial motor vehicle” for the purposes of this section;

(b) prescribing standards for speed-limiting systems;

(c) governing the activation and functioning of speed-limiting systems, including prescribing and governing the speed at which speed-limiting systems must be set and prescribing different speed settings for different circumstances;

(d) prescribing devices and equipment for the purpose of clause (3) (a);

(e) governing methods to verify compliance with this section and the regulations, including prescribing devices and software to be used to retrieve and read information in computer systems;

(f) prescribing the speed for the purpose of subsection (9);

(g) requiring and governing the inspection and maintenance of speed-limiting systems;

(h) governing records to be kept and submitted in relation to the inspection, maintenance, activation and functioning of speed-limiting systems;

(i) governing records to be kept and carried by drivers in relation to the activation and functioning of speed-limiting systems;

(j) exempting any person or class of persons or any commercial motor vehicle or class of commercial motor vehicles from any requirement or provision of this section or of a regulation made under this section and prescribing conditions and circumstances for any such exemption. 2008, c. 8, s. 1.

Tires and wheels

Tires

69. (1) All self-propelled vehicles other than traction engines, and all trailers having a gross weight in excess of 1,820 kilograms, shall be equipped with rubber tires or tires of some composition equally resilient, and a vehicle shall not be operated on any highway with a tire that is broken or defective in such a manner as to cause additional impact or pounding on or cutting of the highway, and in the case of motor vehicles and trailers equipped with solid rubber tires there shall be at least 31.5 millimetres of rubber between the wheel rim and the roadway. R.S.O. 1990, c. H.8, s. 69 (1).

Flanges and clamps

(2) No vehicle shall be operated or object moved over or upon any highway with any flange, rib, clamp or other device attached to its wheels, or made a part thereof, which will injure the highway. R.S.O. 1990, c. H.8, s. 69 (2).

Lock-shoes

(3) No person driving a vehicle drawn by a horse or other animal and used for carrying articles of burden, goods, wares or merchandise shall when descending a grade on a highway lock any wheel of such vehicle except with the device commonly known as a lock-shoe. R.S.O. 1990, c. H.8, s. 69 (3).

Regulations and offences, tires

70. (1) The Lieutenant Governor in Council may make regulations,

(a) prescribing the standards and specifications of tires or any class or classes thereof in use on vehicles or any class or classes thereof;

(b) prescribing classes of tires;

(c) prescribing the standards and specifications of used or retreaded tires offered for sale and prohibiting the sale of the tires or any type thereof that do not comply with the standards and specifications therefor prescribed by the regulations or that are not marked in accordance with the regulations;

(d) providing for and requiring the identification and marking of used or retreaded tires;

(e) prohibiting the use of any type of tire on a highway at any time or during any period of the year and designating the period;

(e.1) exempting any vehicle or person or class or type of vehicles or class of persons from a prohibition under clause (e) and regulating the use of a type of tire that is otherwise prohibited under clause (e) for the purpose of such exemption, including prescribing the period of the year during which and geographic areas where the exemption applies and other conditions and circumstances that must exist for the exemption to apply;

(f) prescribing procedures for examining tires for the purpose of determining whether the prescribed standards and specifications have been met;

(g) regulating installation and placement of tires to be used on vehicles or any class or classes thereof;

(h) regulating combinations of tires installed on vehicles or any class or classes thereof;

(i) Repealed: 2006, c. 19, Sched. T, s. 5.

R.S.O. 1990, c. H.8, s. 70 (1); 2005, c. 26, Sched. A, s. 11; 2006, c. 19, Sched. T, s. 5.

Codes

(2) Any regulation may adopt by reference, in whole or in part, with the changes that the Lieutenant Governor in Council considers necessary, any code, and may require compliance with any code that is so adopted. R.S.O. 1990, c. H.8, s. 70 (2).

Offence

(3) No person shall operate or permit to be operated upon a highway a vehicle that is,

(a) fitted with a tire that does not conform with the standards and specifications prescribed in the regulations; or

(b) fitted with tires that are installed in a manner, in a place or in a combination that does not conform with the specifications prescribed in the regulations. R.S.O. 1990, c. H.8, s. 70 (3).

Penalty

(4) Every person who contravenes this section or any regulation made under this section is guilty of an offence and on conviction is liable to a fine of not more than $1,000. R.S.O. 1990, c. H.8, s. 70 (4).

Same – commercial motor vehicle

(4.1) Despite subsection (4), every person who contravenes this section or any regulation made under this section is guilty of an offence and, if the offence was committed by means of a commercial motor vehicle within the meaning of subsection 16 (1), on conviction is liable to a fine of not less than $200 and not more than $20,000. 1996, c. 20, s. 16.

(5) Repealed: 1999, c. 12, Sched. R, s. 13.

(6) Repealed: 1999, c. 12, Sched. R, s. 13.

Rebuilt tires

71. (1) In this section,

“rebuild” means to make or impose a new tread or new surface or to otherwise alter the surface of a used tire so that it will resemble a new tire, by cutting into or adding rubber to the surface thereof, or by a combination of both. R.S.O. 1990, c. H.8, s. 71 (1); 2009, c. 5, s. 30.

Rebuilt tires, to be marked

(2) No person shall rebuild any tire designed for use upon a motor vehicle unless the person causes it to be indicated in letters of not less than six millimetres in height, clearly embossed upon or imposed or cut into the outside surface of each wall of the tire, that it has been rebuilt. R.S.O. 1990, c. H.8, s. 71 (2).

Idem

(3) No person shall sell, offer or expose for sale, or have in the person’s possession with intent to sell, any tire designed for use upon a motor vehicle that has been rebuilt unless it is indicated in letters of not less than six millimetres in height, clearly embossed upon or imposed or cut into the outside surface of each wall of the tire, that it has been rebuilt. R.S.O. 1990, c. H.8, s. 71 (3).

Penalty

(4) Every person who contravenes subsection (2) or (3) is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $20,000. R.S.O. 1990, c. H.8, s. 71 (4); 1996, c. 20, s. 17.

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by the Statutes of Ontario, 2002, chapter 18, Schedule P, section 20 by adding the following section:

Air bags

Sale of rebuilt air bags prohibited

71.1 (1) No person shall sell, offer or advertise for sale, or have in the person’s possession with intent to sell, a rebuilt air bag. 2002, c. 18, Sched. P, s. 20.

Rebuilding air bags prohibited

(2) No person shall rebuild an air bag. 2002, c. 18, Sched. P, s. 20.

Installation of rebuilt air bags prohibited

(3) No person shall install a rebuilt air bag in a motor vehicle. 2002, c. 18, Sched. P, s. 20.

Penalty

(4) Every person who contravenes subsection (1), (2) or (3) or who contravenes or fails to comply with a regulation made under clause (5) (c) is guilty of an offence and on conviction is liable,

(a) for a first offence, to a fine of not less than $1,000 and not more than $5,000; and

(b) for each subsequent offence, to a fine of not less than $5,000 and not more than $20,000. 2002, c. 18, Sched. P, s. 20.

Regulations

(5) The Lieutenant Governor in Council may make regulations,

(a) defining “rebuilt air bag” for the purpose of this section;

(b) prescribing the activities that constitute or do not constitute rebuilding an air bag for the purpose of this section;

(c) prescribing methods and standards for installing air bags, other than rebuilt air bags, and requiring all persons or any class of persons to comply with the methods and standards;

(d) exempting any class of persons, any class of air bags, other than rebuilt air bags, and any class of motor vehicle from any provision of a regulation made under clause (c) and prescribing conditions for any such exemptions;

(e) respecting any other matter that the Lieutenant Governor in Council considers necessary or advisable in connection with this section. 2002, c. 18, Sched. P, s. 20.

Regulation that incorporates another document

(6) A regulation made under clause (5) (c) that incorporates another document by reference may provide that the reference to the document includes amendments made to the document from time to time after the regulation is made. 2002, c. 18, Sched. P, s. 20; 2009, c. 33, Sched. 26, s. 3 (8).

See: 2002, c. 18, Sched. P, ss. 20, 46 (1).

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Safety glass

72. (1) In this section,

“motor vehicle” includes any apparatus or device that is permanently or temporarily attached to a motor vehicle, other than for the purpose of towing it, and in which a person can ride. R.S.O. 1990, c. H.8, s. 72 (1).

Motor vehicles to be equipped with safety glass

(2) No person shall sell any new motor vehicle nor shall any new motor vehicle be registered with the Ministry unless the vehicle is equipped with safety glass wherever glass is used in doors, windows and windshields. R.S.O. 1990, c. H.8, s. 72 (2).

Installation of safety glass

(3) No person shall install glass other than safety glass in the door, window or windshield of any motor vehicle. R.S.O. 1990, c. H.8, s. 72 (3).

Regulations as to safety glass in vehicles

(4) The Lieutenant Governor in Council may make regulations,

(a) prescribing standards and specifications for safety glass used or intended to be used in a door, window or windshield of any motor vehicle;

(b) providing for and requiring the marking and identification of safety glass used or intended to be used in a door, window or windshield of any motor vehicle. R.S.O. 1990, c. H.8, s. 72 (4).

Adoption of code by reference

(5) Any regulation made under subsection (4) may adopt by reference, in whole or in part with the changes that the Lieutenant Governor in Council considers necessary, any code or standard and may require compliance with any code or standard that is so adopted. R.S.O. 1990, c. H.8, s. 72 (5).

Penalty

(6) Every person who contravenes this section or a regulation made 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 $1,000. R.S.O. 1990, c. H.8, s. 72 (6).

Equipment obstructing view

Signs, objects, etc.

73. (1) No person shall drive a motor vehicle upon a highway,

(a) with any sign, poster or other non-transparent material or object placed on the windshield or on any window of such motor vehicle; or

(b) with any object placed in, hung on or attached to the motor vehicle,

in a manner that will obstruct the driver’s view of the highway or any intersecting highway. R.S.O. 1990, c. H.8, s. 73 (1).

Colour coating obstructing view prohibited

(2) No person shall drive a motor vehicle upon a highway where the surface of the windshield or of any window of the vehicle has been coated with any colour spray or other colour coating in such a manner as to obstruct the driver’s view of the highway or any intersecting highway. R.S.O. 1990, c. H.8, s. 73 (2).

Colour coating obscuring interior

(3) No person shall drive on a highway a motor vehicle on which the surface of the windshield or of any window to the direct left or right of the driver’s seat has been coated with any coloured spray or other coloured or reflective material that substantially obscures the interior of the motor vehicle when viewed from outside the motor vehicle. R.S.O. 1990, c. H.8, s. 73 (3).

Signs, etc., required by Act or regulations

(4) This section does not prevent the use of signs, markers or equipment required under this Act or the regulations. R.S.O. 1990, c. H.8, s. 73 (4).

Windows to afford clear view

74. (1) No person shall drive a motor vehicle upon a highway,

(a) unless the windshield and the windows on either side of the compartment containing the steering wheel are in such a condition as to afford the driver a clear view to the front and side of the motor vehicle; and

(b) unless the rear window is in such a condition as to afford the driver a clear view to the rear of the motor vehicle. R.S.O. 1990, c. H.8, s. 74 (1).

Application of cl. (1) (b)

(2) Clause (1) (b) does not apply to a motor vehicle that is equipped with a mirror or mirrors securely attached to the motor vehicle and placed in such a position and maintained in such a condition as to afford the driver, otherwise than through the rear window, a clearly-reflected view of the roadway in the rear or of any vehicle approaching from the rear. R.S.O. 1990, c. H.8, s. 74 (2).

Noise, smoke, bells and horns

Muffler

75. (1) Every motor vehicle or motor assisted bicycle shall be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and excessive smoke, and no person shall use a muffler cut-out, straight exhaust, gutted muffler, hollywood muffler, by-pass or similar device upon a motor vehicle or motor assisted bicycle. R.S.O. 1990, c. H.8, s. 75 (1).

Same

(2) Subsection (1) does not apply to,

(a) a motor-assisted bicycle with an attached motor that is driven entirely by electricity; or

(b) a motor vehicle that is driven entirely by electricity. 2009, c. 5, s. 31.

Fumes from engine

(3) The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke. R.S.O. 1990, c. H.8, s. 75 (3).

Unnecessary noise

(4) A person having the control or charge of a motor vehicle shall not sound any bell, horn or other signalling device so as to make an unreasonable noise, and a driver of any motor vehicle shall not permit any unreasonable amount of smoke to escape from the motor vehicle, nor shall the driver at any time cause the motor vehicle to make any unnecessary noise, but this subsection does not apply to a motor vehicle of a municipal fire department while proceeding to a fire or answering a fire alarm call. R.S.O. 1990, c. H.8, s. 75 (4).

Alarm bell to be sounded

(5) Every motor vehicle, motor assisted bicycle and bicycle shall be equipped with an alarm bell, gong or horn, which shall be kept in good working order and sounded whenever it is reasonably necessary to notify pedestrians or others of its approach. R.S.O. 1990, c. H.8, s. 75 (5).

Prohibition as to use of siren horn

(6) No vehicle other than an ambulance, fire or police department vehicle, public utility emergency vehicle or vehicle operated by the Ministry shall be equipped with a siren horn or a device producing a sound which so nearly resembles that produced by a siren horn as to deceive or confuse. R.S.O. 1990, c. H.8, s. 75 (6).

Slow moving vehicle sign

76. (1) No person shall operate a slow moving vehicle on a highway unless a slow moving vehicle sign is attached, in accordance with the regulations,

(a) to the rear of the slow moving vehicle, if no trailer, implement of husbandry or other device is being towed;

(b) to the rear of the rearmost trailer, implement of husbandry or other device that is being towed by the slow moving vehicle, if one or more trailers, implements or other devices are being towed. 1994, c. 28, s. 1; 2002, c. 18, Sched. P, s. 21 (1).

Slow moving vehicles

(2) The following are slow moving vehicles:

1. Farm tractors and self-propelled implements of husbandry.

2. Vehicles (other than bicycles, motor assisted bicycles and disabled motor vehicles in tow) that are not capable of attaining and sustaining a speed greater than 40 kilometres per hour on level ground when operated on a highway.

3. Motor vehicles towing an implement of husbandry. 1994, c. 28, s. 1; 2009, c. 5, s. 32.

Exception

(3) The slow moving vehicle sign is not required if the slow moving vehicle is operated on a highway only to cross it directly. 1994, c. 28, s. 1; 2002, c. 18, Sched. P, s. 21 (2).

Prohibition

(4) No person shall place a slow moving vehicle sign on or near a fixed object where it is readily visible from a highway. 1994, c. 28, s. 1.

Exception

(5) Subsection (4) does not apply to a facsimile of a slow moving vehicle sign that is displayed for the information of highway users. 1994, c. 28, s. 1.

Prohibition

(6) No person shall operate on a highway a vehicle, other than a slow moving vehicle, with a slow moving vehicle sign attached to it or to a trailer, implement of husbandry or other device being towed by it. 2002, c. 18, Sched. P, s. 21 (3).

Same

(6.1) No person shall operate on a highway a slow moving vehicle with a slow moving vehicle sign attached to it or to a trailer, implement of husbandry or other device being towed by it, at a speed greater than 40 kilometres per hour. 2002, c. 18, Sched. P, s. 21 (3).

Regulations

(7) The Lieutenant Governor in Council may make regulations,

(a) prescribing the type and specifications of the slow moving vehicle sign and its location on the vehicle;

(b) providing that subsection (1) does not apply to a horse-drawn vehicle when driven by a person whose religious convictions or beliefs prohibit the display of devices such as the slow moving vehicle sign;

(c) prescribing the type and specifications of a marker or device, requiring that it be displayed, instead of the slow moving vehicle sign, on a horse-drawn vehicle when driven by a person described in clause (b), and prescribing the location of the marker or device on the vehicle;

(d) respecting any matter considered necessary or advisable to carry out the intent and purpose of this section. 1994, c. 28, s. 1.

Sleigh bells

77. (1) Every person travelling on a highway with a sleigh or sled drawn by a horse or other animal shall have at least two bells attached to the harness or to the sleigh or sled in such a manner as to give ample warning sound. R.S.O. 1990, c. H.8, s. 77 (1).

Penalty

(2) Every person who contravenes subsection (1) is guilty of an offence and on conviction is liable to a fine of not more than $5. R.S.O. 1990, c. H.8, s. 77 (2).

Display screen visible to driver prohibited

78. (1) No person shall drive a motor vehicle on a highway if the display screen of a television, computer or other device in the motor vehicle is visible to the driver. 2009, c. 4, s. 1.

Exceptions

(2) Subsection (1) does not apply in respect of the display screen of,

(a) a global positioning system navigation device while being used to provide navigation information;

(b) a hand-held wireless communication device or a device that is prescribed for the purpose of subsection 78.1 (1);

(c) a logistical transportation tracking system device used for commercial purposes to track vehicle location, driver status or the delivery of packages or other goods;

(d) a collision avoidance system device that has no other function than to deliver a collision avoidance system; or

(e) an instrument, gauge or system that is used to provide information to the driver regarding the status of various systems of the motor vehicle. 2009, c. 4, s. 1.

Same

(3) Subsection (1) does not apply to the driver of an ambulance, fire department vehicle or police department vehicle. 2009, c. 4, s. 1.

Exemption by regulation

(4) The Minister may make regulations exempting any class of persons or vehicles or any device from this section and prescribing conditions and circumstances for any such exemption. 2009, c. 4, s. 1.

Hand-held devices prohibited

Wireless communication devices

78.1 (1) No person shall drive a motor vehicle on a highway while holding or using a hand-held wireless communication device or other prescribed device that is capable of receiving or transmitting telephone communications, electronic data, mail or text messages. 2009, c. 4, s. 2.

Entertainment devices

(2) No person shall drive a motor vehicle on a highway while holding or using a hand-held electronic entertainment device or other prescribed device the primary use of which is unrelated to the safe operation of the motor vehicle. 2009, c. 4, s. 2.

Hands-free mode allowed

(3) Despite subsections (1) and (2), a person may drive a motor vehicle on a highway while using a device described in those subsections in hands-free mode. 2009, c. 4, s. 2.

Exceptions

(4) Subsection (1) does not apply to,

(a) the driver of an ambulance, fire department vehicle or police department vehicle;

(b) any other prescribed person or class of persons;

(c) a person holding or using a device prescribed for the purpose of this subsection; or

(d) a person engaged in a prescribed activity or in prescribed conditions or circumstances. 2009, c. 4, s. 2.

Same

(5) Subsection (1) does not apply in respect of the use of a device to contact ambulance, police or fire department emergency services. 2009, c. 4, s. 2.

Same

(6) Subsections (1) and (2) do not apply if all of the following conditions are met:

1. The motor vehicle is off the roadway or is lawfully parked on the roadway.

2. The motor vehicle is not in motion.

3. The motor vehicle is not impeding traffic. 2009, c. 4, s. 2.

Regulations

(7) The Minister may make regulations,

(a) prescribing devices for the purpose of subsections (1) and (2);

(b) prescribing persons, classes of persons, devices, activities, conditions and circumstances for the purpose of subsection (4). 2009, c. 4, s. 2.

Definition

(8) In this section,

“motor vehicle” includes a street car, motorized snow vehicle, farm tractor, self-propelled implement of husbandry and road-building machine. 2009, c. 4, s. 2.

Speed measuring warning devices

79. (1) In this section,

“speed measuring warning device” means any device or equipment designed or intended for use in a motor vehicle to warn the driver of the presence of speed measuring equipment in the vicinity and includes any device or equipment designed or intended for use in a motor vehicle to interfere with the effective operation of speed measuring equipment. 1996, c. 33, s. 12.

Speed measuring warning device prohibited

(2) No person shall drive on a highway a motor vehicle that is equipped with or that carries or contains a speed measuring warning device. 1996, c. 33, s. 12.

Powers of police officer

(3) A police officer may at any time, without a warrant, stop, enter and search a motor vehicle that he or she has reasonable grounds to believe is equipped with or carries or contains a speed measuring warning device contrary to subsection (2) and may seize and take away any speed measuring warning device found in or upon the motor vehicle. 1996, c. 33, s. 12.

Forfeiture of device

(4) Where a person is convicted of an offence under this section, any device seized under subsection (3) by means of which the offence was committed is forfeited to the Crown. R.S.O. 1990, c. H.8, s. 79 (4).

Penalty

(5) Every person who contravenes subsection (2) is guilty of an offence and on conviction is liable to a fine of not less than $100 and not more than $1,000. R.S.O. 1990, c. H.8, s. 79 (5).

Exception

(6) Subsection (2) does not apply to a person who is transporting speed measuring warning devices in sealed packages in a motor vehicle from a manufacturer to a consignee. 1996, c. 33, s. 12.

Sale of speed measuring warning devices prohibited

(7) No person shall sell, offer or advertise for sale a speed measuring warning device by retail. 1996, c. 33, s. 12.

Penalty

(8) Every person who contravenes subsection (7) is guilty of an offence and on conviction is liable,

(a) for a first offence, to a fine of not more than $1,000; and

(b) for each subsequent offence, to a fine of not more than $5,000. R.S.O. 1990, c. H.8, s. 79 (8).

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Pre-empting traffic control signal devices prohibited

79.1 (1) No person shall drive on a highway a motor vehicle that is equipped with, carries, contains or has attached to it a pre-empting traffic control signal device. 2002, c. 18, Sched. P, s. 22.

(2) Repealed: 2005, c. 26, Sched. A, s. 12 (1).

Powers of police officer

(3) A police officer may at any time, without a warrant, stop, enter and search a motor vehicle that he or she has reasonable grounds to believe is equipped with, carries, contains or has attached to it a pre-empting traffic control signal device contrary to subsection (1) and may detach, if required, seize and take away any such device found in or upon the motor vehicle. 2002, c. 18, Sched. P, s. 22.

Forfeiture of device

(4) Where a person is convicted of an offence under this section, any device seized under subsection (3) is forfeited to the Crown. 2002, c. 18, Sched. P, s. 22.

Penalty

(5) Every person who contravenes subsection (1) is guilty of an offence and on conviction is liable to a fine of not less than $100 and not more than $1,000. 2002, c. 18, Sched. P, s. 22.

Regulations

(5.1) The Lieutenant Governor in Council may make regulations exempting any class of persons or any class or type of vehicles from subsection (1) and prescribing conditions for such exemptions. 2005, c. 26, Sched. A, s. 12 (2).

Definition

(6) In this section,

“pre-empting traffic control signal device” means any device or equipment that may temporarily suppress or extend an indication on a traffic control signal from its current setting. 2002, c. 18, Sched. P, s. 22.

Same

(7) In subsection (6),

“indication” and “traffic control signal” have the same meanings as in section 133. 2002, c. 18, Sched. P, s. 22.

Attachments required when vehicle drawn on highway

80. (1) No motor vehicle, other than a motor vehicle in which there is a person licensed to drive a motor vehicle on a highway, trailer or other object or device shall be drawn by a motor vehicle or farm tractor on a highway unless there are two separate means of attachment so constructed and attached that the failure of one such means will not permit the motor vehicle, trailer, object or device being drawn to become detached; but this section does not apply to a trailer, object or device attached or coupled to the towing vehicle by means of a fifth wheel attachment or to a trailer or other object or device when drawn directly across a highway by a farm tractor. R.S.O. 1990, c. H.8, s. 80.

Penalty

(2) Every person who contravenes this section is guilty of an offence and, if the offence was committed by means of a commercial motor vehicle within the meaning of subsection 16 (1), on conviction is liable to a fine of not less than $200 and not more than $20,000. 1996, c. 20, s. 18.

Regulations re bumpers

81. The Lieutenant Governor in Council may make regulations requiring any type or class of commercial motor vehicle or trailer to be equipped with rear bumpers and prescribing the location and means of attachment of the bumpers and prescribing the specifications for the bumpers. R.S.O. 1990, c. H.8, s. 81.

Inspections, unsafe vehicles

82. (1) In this section,

“commercial motor vehicle” has the same meaning as in subsection 16 (1); (“véhicule utilitaire”)

“operator” means,

(a) the person directly or indirectly responsible for the operation of a commercial motor vehicle, including the conduct of the driver of, and the carriage of goods or passengers, if any, in, the commercial motor vehicle or combination of vehicles, and

(b) in the absence of evidence to the contrary, where no CVOR certificate, as defined in subsection 16 (1), or lease applicable to the commercial motor vehicle, is produced, the holder of the plate portion of the permit for the commercial motor vehicle. (“utilisateur”) 1999, c. 12, Sched. R, s. 14.

Examination of vehicle

(2) Every police officer and every officer appointed for the purpose of carrying out the provisions of this Act may require the driver of any motor vehicle or motor assisted bicycle to stop, move the vehicle to a safe location as directed by the police officer or officer and submit the vehicle, together with its equipment and any vehicle drawn by it, to the examinations and tests that the police officer or officer may consider expedient. 1999, c. 12, Sched. R, s. 14.

Same

(3) Every police officer and every officer appointed for the purpose of carrying out the provisions of this Act may require the owner of a motor vehicle, motor assisted bicycle or vehicle drawn by a motor vehicle and the operator of a commercial motor vehicle to submit the vehicle, together with its equipment and, in the case of a commercial motor vehicle, any vehicle drawn by it, to the examinations and tests that the police officer or officer may consider expedient. 1999, c. 12, Sched. R, s. 14.

Requirement to bring vehicle into compliance

(4) Where any vehicle examined or tested under subsection (2) or (3), or any of its equipment, is found not to be in compliance with the requirements of this Act or the regulations, the police officer or officer making the examinations or tests may require the owner or operator of the vehicle to have the vehicle or its equipment repaired and to,

(a) submit the vehicle for further examinations and tests to satisfy a police officer or officer appointed for the purpose of carrying out the provisions of this Act that the vehicle and its equipment comply with the requirements of this Act and the regulations; or

(b) submit evidence to the person or office specified by the police officer or officer that the vehicle and its equipment comply with the requirements of this Act and the regulations. 1999, c. 12, Sched. R, s. 14.

Same

(5) Where any vehicle examined or tested under clause (4) (a), or any of its equipment, is found still not to be in compliance with the requirements of this Act or the regulations, the police officer or officer making the examinations or tests may require the owner or operator of the vehicle to have the vehicle or its equipment repaired and to submit evidence to the person or office specified by the police officer or officer that the vehicle and its equipment comply with the requirements of this Act and the regulations. 1999, c. 12, Sched. R, s. 14.

Notice required

(6) A police officer or officer appointed for the purpose of carrying out the provisions of this Act shall serve written notice in an approved form of a requirement under subsection (3), (4) or (5). 1999, c. 12, Sched. R, s. 14.

Deemed service

(7) Service of a notice under subsection (6) to the driver of the vehicle shall be deemed to be service on the owner and operator, if any, of the vehicle. 1999, c. 12, Sched. R, s. 14.

Requirement to assist

(8) The driver of a vehicle submitted for examinations and tests as required under subsection (2), (3) or (4) and any other person in charge of the vehicle who is present shall, if directed by a police officer or officer appointed for the purposes of carrying out the provisions of this Act, assist with the examinations and tests of the vehicle and of its equipment. 1999, c. 12, Sched. R, s. 14.

Offence

(9) Every person is guilty of an offence and on conviction is liable to a fine of not more than $1,000 who,

(a) refuses or fails to comply with a requirement made under subsection (2), (3), (4), (5), (8) or (12); or

(b) contravenes an order or prohibition made under subsection (12). 1999, c. 12, Sched. R, s. 14.

Same, commercial motor vehicle

(10) Despite subsection (9), every person is guilty of an offence and on conviction is liable to a fine of not less than $400 and not more than $20,000 who, in respect of a commercial motor vehicle or a vehicle drawn by a commercial motor vehicle,

(a) refuses or fails to comply with a requirement made under subsection (2), (3), (4), (5), (8) or (12); or

(b) contravenes an order or prohibition made under subsection (12). 1999, c. 12, Sched. R, s. 14.

Defence if notice not received

(11) Despite subsections (9) and (10), a person is not guilty of an offence for refusing or failing to comply with a requirement under subsection (3), (4) or (5) unless the police officer or officer appointed for the purpose of carrying out the provisions of this Act gave the person a written notice as required by subsection (6). 1999, c. 12, Sched. R, s. 14.

Use of vehicle prohibited

(12) Where any vehicle examined or tested under subsection (2), (3) or (4), or any of its equipment, is found to have a prescribed defect or to be in a dangerous or unsafe condition, with or without a prescribed defect, the police officer or officer appointed for carrying out the provisions of this Act making the examinations or tests may,

(a) require the driver, owner or operator of the vehicle to have the prescribed defect repaired and the vehicle and its equipment placed in a safe condition;

(b) order the vehicle to be removed from the highway; and

(c) prohibit the operation of the vehicle on the highway until the prescribed defect has been repaired and the vehicle and its equipment are in a safe condition. 1999, c. 12, Sched. R, s. 14.

Seizure of plates, vehicle inspection sticker

(13) Where the operation of a vehicle has been prohibited under subsection (12), the police officer or officer may,

(a) seize the number plates of the vehicle; and

(b) remove the vehicle inspection sticker, or comparable device issued by another jurisdiction, from the vehicle. 1999, c. 12, Sched. R, s. 14.

(14) Repealed: 2008, c. 17, s. 41.

Regulations

(15) The Lieutenant Governor in Council may make regulations,

(a) prescribing the forms and kinds of evidence that may be required under clause (4) (b) and subsection (5) and prescribing rules for submitting the evidence to the person or office specified;

(b) prescribing the methods and rules for service of notices required to be served under this section;

(c) prescribing types of defects for the purposes of subsection (12);

(d) classifying persons and vehicles, exempting any class of person or class of vehicle from any requirement or provision of this section or of any regulation made under this section and prescribing conditions for any such exemption and prescribing different requirements for different classes of persons or vehicles. 1999, c. 12, Sched. R, s. 14.

Inspections, unsafe commercial motor vehicles

82.1 (1) In this section,

“commercial motor vehicle” has the same meaning as in subsection 16 (1); (“véhicule utilitaire”)

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 2009, chapter 5, subsection 33 (1) by adding the following definition:

“designated inspection station” means any location designated by the Registrar for the purpose of inspecting commercial motor vehicles; (“centre d’inspection désigné”)

See: 2009, c. 5, ss. 33 (1), 59 (2).

“operator” means,

(a) the person directly or indirectly responsible for the operation of a commercial motor vehicle, including the conduct of the driver of, and the carriage of goods or passengers, if any, in, the commercial motor vehicle or combination of vehicles, and

(b) in the absence of evidence to the contrary, where no CVOR certificate, as defined in subsection 16 (1), or lease applicable to a commercial motor vehicle, is produced, the holder of the plate portion of the permit for the commercial motor vehicle; (“utilisateur”)

“owner” means the person whose name appears on the certificate of registration for the vehicle, and, where the certificate of registration for the vehicle consists of a vehicle portion and plate portion, means the person whose name appears on the vehicle portion; (“propriétaire”)

“permit” means the permit issued under subsection 7 (7). (“certificat d’immatriculation”) 1997, c. 12, s. 10; 2002, c. 18, Sched. P, s. 23.

Commercial motor vehicles ordered to stop for inspection

(2) In exercising his or her powers under section 82, a police officer or officer appointed for carrying out the provisions of this Act may, at any time, require the driver of a commercial motor vehicle being driven on a highway to stop for inspection and the driver of the vehicle, when signalled or requested to stop by the officer, who is readily identifiable as such, shall immediately come to a safe stop. 1997, c. 12, s. 10.

Direction to move vehicle to another location

(3) A police officer or officer appointed for carrying out the provisions of this Act may, at any time before, during or after inspecting a commercial motor vehicle or trailer, direct the driver of the commercial motor vehicle to drive it and to draw the attached trailer, if any, to another location where the inspection will be carried out or continued or the vehicle’s load will be removed, or any of them. 1997, c. 12, s. 10.

Inspection

(4) The police officer or officer appointed for carrying out the provisions of this Act may, at the location where the commercial motor vehicle was first stopped or at the location to which it was directed, inspect the commercial motor vehicle and its trailer for critical defects. 1997, c. 12, s. 10.

Driver, person in charge, to assist inspector

(5) The driver and any other person in charge of the commercial motor vehicle who is present shall assist the police officer or officer appointed for carrying out the provisions of this Act in his or her inspection of the commercial motor vehicle and its trailer. 1997, c. 12, s. 10.

If critical defect found

(6) If the police officer or officer appointed for carrying out the provisions of this Act finds that the commercial motor vehicle or trailer has one or more critical defect, the vehicle shall be deemed to have been found to be in dangerous or unsafe condition under section 82, but instead of exercising the powers set out in subsections 82 (2) and (5), he or she shall forthwith,

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (6) is amended by the Statutes of Ontario, 1999, chapter 12, Schedule R, subsection 15 (1) by striking out “subsections 82 (2) and (5)” and substituting “section 82”. See: 1999, c. 12, Sched. R, ss. 15 (1), 21.

Note: On a day to be named by proclamation of the Lieutenant Governor, the Statutes of Ontario, 1999, chapter 12, Schedule R, subsection 15 (1) is repealed by the Statutes of Ontario, 2009, chapter 5, subsection 57 (2). See: 2009, c. 5, ss. 57 (2), 59 (2).

(a) notify the Registrar of the findings or cause the Registrar to be notified;

(b) seize the number plates of the vehicle that has the critical defect or defects and remove its vehicle inspection sticker or comparable device issued by another jurisdiction; and

(c) detain the vehicle that has the critical defect or defects until the Registrar issues an order under subsection (7). 1997, c. 12, s. 10.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (6) is repealed by the Statutes of Ontario, 2009, chapter 5, subsection 33 (2) and the following substituted:

If critical defect found

(6) If the police officer or officer appointed for carrying out the provisions of this Act inspects the commercial motor vehicle and its trailer at a designated inspection station and finds that the commercial motor vehicle or trailer has one or more critical defects, the vehicle shall be deemed to have been found to be in dangerous or unsafe condition under section 82, but instead of exercising the powers set out in section 82, the police officer or officer appointed for carrying out the provisions of this Act shall forthwith,

(a) seize the number plates of the vehicle that has the critical defect or defects and remove its vehicle inspection sticker or comparable device issued by another jurisdiction; and

(b) detain the vehicle that has the critical defect or defects. 2009, c. 5, s. 33 (2).

See: 2009, c. 5, ss. 33 (2), 59 (2).

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Order to impound and suspend or to release

(7) Upon notification under subsection (6), the Registrar may, without a hearing, issue an order to release the vehicle or issue an order to impound the vehicle and suspend the vehicle portion of its permit as follows:

1. For 15 days, if the vehicle has not previously been impounded under this section within a prescribed period.

2. For 30 days, if the vehicle has been impounded once under this section within a prescribed period.

3. For 60 days, if the vehicle has been impounded two or more times under this section within a prescribed period. 1997, c. 12, s. 10.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (7) is repealed by the Statutes of Ontario, 2009, chapter 5, subsection 33 (2) and the following substituted:

Impoundment

(7) Once the load, if any, has been removed as may be required by subsection (15), (16), (17) or (18), the detained vehicle shall, at the cost and risk of the owner,

(a) be removed to an impound facility as directed by a police officer or officer appointed for carrying out the provisions of this Act; and

(b) be impounded from the time it was detained for the period described in subsection (8) or until ordered to be released by the Registrar under subsection (23) or (24) or under section 50.3. 2009, c. 5, s. 33 (2).

See: 2009, c. 5, ss. 33 (2), 59 (2).

Permit suspended

(8) Upon issuing an order to impound and suspend under subsection (7), the Registrar shall suspend the vehicle portion of the permit of the vehicle that is subject to the order, and the suspension shall be effective when the order is issued. 1997, c. 12, s. 10.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (8) is repealed by the Statutes of Ontario, 2009, chapter 5, subsection 33 (2) and the following substituted:

Impound period

(8) A vehicle detained under subsection (6) shall be impounded as follows:

1. For 15 days, if the vehicle has not previously been impounded under this section within a prescribed period.

2. For 30 days, if the vehicle has previously been impounded once under this section within a prescribed period.

3. For 60 days, if the vehicle has previously been impounded two or more times under this section within a prescribed period. 2009, c. 5, s. 33 (2).

See: 2009, c. 5, ss. 33 (2), 59 (2).

Intent of order to impound and suspend

(9) The order to impound and suspend issued under this section is intended to promote compliance with the safety standards set out in and under this Act and to thereby safeguard the public and does not constitute an alternative to any proceeding or penalty arising from the same circumstances or around the same time. 1997, c. 12, s. 10.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (9) is repealed by the Statutes of Ontario, 2009, chapter 5, subsection 33 (2) and the following substituted:

Release of vehicle

(9) Subject to subsection (20), the vehicle shall be released to its owner from the impound facility upon the expiry of the period of the impoundment or upon being ordered to be released by the Registrar under subsection (23) or (24) or under section 50.3. 2009, c. 5, s. 33 (2).

See: 2009, c. 5, ss. 33 (2), 59 (2).

Registrar to notify officer

(10) The Registrar shall notify a police officer or officer appointed for carrying out the provisions of this Act of an order made under subsection (7) and shall send a copy of the order to the owner and operator of the commercial motor vehicle at the most recent address for them appearing in the records of the Ministry. 1997, c. 12, s. 10.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (10) is repealed by the Statutes of Ontario, 2009, chapter 5, subsection 33 (2) and the following substituted:

Duty of officer re impoundment

(10) Every officer who detains a vehicle under this section shall, as soon as practicable,

(a) prepare a notice identifying the vehicle that is to be impounded, the name and address of the driver, the date and time of the impoundment, the period of time for which the vehicle is impounded and the place where the vehicle may be recovered;

(b) serve the driver with a copy of the notice; and

(c) forward a copy of the notice to the Registrar. 2009, c. 5, s. 33 (2).

See: 2009, c. 5, ss. 33 (2), 59 (2).

Release of vehicle

(11) Upon notification of the Registrar’s order to release the vehicle, a police officer or officer appointed for carrying out the provisions of this Act shall forthwith release the vehicle to its owner, whereupon the provisions of section 82 apply. 1997, c. 12, s. 10.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (11) is repealed by the Statutes of Ontario, 2009, chapter 5, subsection 33 (2) and the following substituted:

Service on driver is deemed service on owner and operator

(11) Service of a copy of a notice of the impoundment on the driver of the vehicle under clause (10) (b) is deemed to be service on and sufficient notice to the owner and operator of the vehicle. 2009, c. 5, s. 33 (2).

See: 2009, c. 5, ss. 33 (2), 59 (2).

Service of order to impound and suspend

(12) Upon notification of the Registrar’s order to impound and suspend, a police officer or officer appointed for carrying out the provisions of this Act shall serve the order or notice of it on the driver of the vehicle. 1997, c. 12, s. 10.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (12) is repealed by the Statutes of Ontario, 2009, chapter 5, subsection 33 (2) and the following substituted:

Permit suspended

(12) Upon being notified under clause (10) (c), the Registrar may issue an order to suspend the vehicle portion of the permit for the impounded vehicle by mailing it to the owner and operator of the commercial motor vehicle at the most recent address for them appearing in the records of the Ministry, and upon issuing such an order, the Registrar shall suspend the vehicle portion of the permit of the vehicle, and the suspension shall be effective when the order is issued. 2009, c. 5, s. 33 (2).

See: 2009, c. 5, ss. 33 (2), 59 (2).

Service on driver is deemed service on owner and operator

(13) Service of the order, or notice of it, on the driver of the commercial motor vehicle shall be deemed to be service on and sufficient notice to the operator and owner of the commercial motor vehicle and trailer. 1997, c. 12, s. 10.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (13) is repealed by the Statutes of Ontario, 2009, chapter 5, subsection 33 (2) and the following substituted:

Notice by Registrar

(13) The Registrar may provide notice of the impoundment to the owner and operator of the vehicle by mailing it to them at the latest address for them appearing in the records of the Ministry. 2009, c. 5, s. 33 (2).

See: 2009, c. 5, ss. 33 (2), 59 (2).

Surrender of documents, information re trip and goods carried

(14) If the commercial motor vehicle or trailer that is the subject of the order to impound and suspend contains goods, the police officer or officer appointed for carrying out the provisions of this Act may require the driver and any other person present who is in charge of the vehicle to surrender all documents in his or her possession or in the vehicle that relate to the operation of the vehicle or to the carriage of the goods and to furnish all information within that person’s knowledge relating to the details of the current trip and the ownership of the goods. 1997, c. 12, s. 10.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (14) is repealed by the Statutes of Ontario, 2009, chapter 5, subsection 33 (2) and the following substituted:

Surrender of documents, information re trip and goods carried

(14) If the commercial motor vehicle or trailer that is to be impounded contains goods, the police officer or officer appointed for carrying out the provisions of this Act may require the driver and any other person present who is in charge of the vehicle to surrender all documents in his or her possession or in the vehicle that relate to the operation of the vehicle or to the carriage of the goods and to furnish all information within that person’s knowledge relating to the details of the current trip and the ownership of the goods. 2009, c. 5, s. 33 (2).

See: 2009, c. 5, ss. 33 (2), 59 (2).

Operator to remove load

(15) Upon being served, or being deemed to have been served, with the order to impound and suspend, or notice of it, the operator of the vehicle shall forthwith remove the load from the commercial motor vehicle or trailer, or both, and from the inspection site. 1997, c. 12, s. 10.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (15) is repealed by the Statutes of Ontario, 2009, chapter 5, subsection 33 (2) and the following substituted:

Operator to remove load

(15) Upon being served with notice of the impoundment through service on the driver under subsection (10), the operator of the vehicle shall forthwith remove the load from the commercial motor vehicle or trailer, or both, and from the inspection site. 2009, c. 5, s. 33 (2).

See: 2009, c. 5, ss. 33 (2), 59 (2).

Application of Dangerous Goods Transportation Act

(16) If the goods are dangerous goods, within the meaning of the Dangerous Goods Transportation Act, the operator shall remove them in accordance with that Act. 1997, c. 12, s. 10.

Officer may remove load at operator’s cost, risk

(17) If, in the opinion of a police officer or officer appointed for carrying out the provisions of this Act, the operator fails to remove the load as required by subsection (15) within a reasonable time after being served or being deemed to have been served with the order to impound and suspend, or notice of it, the officer may cause the load to be removed and stored or disposed of at the cost and risk of the operator. 1997, c. 12, s. 10.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (17) is repealed by the Statutes of Ontario, 2009, chapter 5, subsection 33 (3) and the following substituted:

Officer may remove load at operator’s cost, risk

(17) If, in the opinion of a police officer or officer appointed for carrying out the provisions of this Act, the operator fails to remove the load as required by subsection (15) within a reasonable time after being served with notice of the impoundment, the officer may cause the load to be removed and stored or disposed of at the cost and risk of the operator. 2009, c. 5, s. 33 (3).

See: 2009, c. 5, ss. 33 (3), 59 (2).

Same

(18) If the police officer or officer appointed for carrying out the provisions of this Act is of the opinion that the operator has not made appropriate arrangements for the removal of the load, having regard to the nature of the goods, including the fact that they are or appear to be dangerous goods, within the meaning of the Dangerous Goods Transportation Act, or are perishable, the officer may cause the load to be removed, stored or otherwise disposed of at the cost and risk of the operator. 1997, c. 12, s. 10.

Vehicle impounded

(19) Once the load has been removed, the commercial motor vehicle or trailer shall, at the cost and risk of the owner,

(a) be removed to an impound facility as directed by a police officer or officer appointed for carrying out the provisions of this Act; and

(b) be impounded for the period set out in the order to impound and suspend or until ordered to be released by the Registrar. 1997, c. 12, s. 10.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (19) is repealed by the Statutes of Ontario, 2009, chapter 5, subsection 33 (4). See: 2009, c. 5, ss. 33 (4), 59 (2).

Personal property in vehicle available to owner

(20) Any personal property that is left in the impounded commercial motor vehicle or trailer 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. 1997, c. 12, s. 10.

Court application for interim release of vehicle

(21) The owner of a vehicle impounded under this section may, on notice to the Registrar, apply to the Superior Court of Justice for an order directing the Registrar to release the vehicle and reinstate the vehicle portion of its permit. 1997, c. 12, s. 10; 2009, c. 5, s. 33 (5).

Registrar may request to be a party

(22) The Registrar may, on his or her request, be made a party to an application under subsection (21). 1997, c. 12, s. 10.

Court order to release vehicle, security required

(23) On an application being made under subsection (21), the court may make the order applied for,

(a) if the owner has also commenced an appeal under section 50.3; and

(b) on condition that the owner deposit with the court security in the prescribed form and in the amount determined by the court, which shall not be less than $5,000 or more than $10,000. 1997, c. 12, s. 10.

Vehicle released from impound facility

(24) If the court makes the order requested, the Registrar, on being served with a copy of the order by the owner of the vehicle, shall,

(a) order that the vehicle be released to its owner from the impound facility; and

(b) reinstate the vehicle portion of the permit. 1997, c. 12, s. 10.

Same

(25) If the vehicle remains impounded for the period set out in the order to impound and suspend and no order is made under subsection (24) or if an order is made under subsection (24) but the Registrar later orders the vehicle returned to the impound facility under section 50.3, the Registrar shall, upon the expiry of the period of impoundment or remainder of the period of impoundment,

(a) order that the vehicle be released to its owner from the impound facility; and

(b) reinstate the vehicle portion of the permit. 1997, c. 12, s. 10.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (25) is repealed by the Statutes of Ontario, 2009, chapter 5, subsection 33 (6) and the following substituted:

Same

(25) If an order is made under subsection (24) but the Registrar later orders the vehicle returned to the impound facility under section 50.3, the Registrar shall, upon the expiry of the remainder of the period of impoundment,

(a) order that the vehicle be released to its owner from the impound facility; and

(b) reinstate the vehicle portion of the permit. 2009, c. 5, s. 33 (6).

See: 2009, c. 5, ss. 33 (6), 59 (2).

Owner must pay removal, impound costs

(26) Despite being served with an order under subsection (24) or (25) by the owner of the vehicle, the person who operates the impound facility is not required to release the vehicle to the owner until the owner pays the removal and impound costs related to the Registrar’s order to impound and suspend. 1997, c. 12, s. 10.

Vehicle cannot be operated until made safe

(27) Despite the release of the vehicle and the reinstatement of the vehicle portion of the permit, no person shall drive or operate the vehicle on a highway until it has been placed in a safe condition. 1997, c. 12, s. 10.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (27) is amended by the Statutes of Ontario, 1999, chapter 12, Schedule R, subsection 15 (3) by striking out “until it has been placed in a safe condition” and substituting “until all defects prescribed under section 82 have been repaired and the vehicle is in a safe condition”. See: 1999, c. 12, Sched. R, ss. 15 (3), 21.

Lien on vehicle for removal, impound costs

(28) The costs incurred by the person who operates the impound facility in respect of an order to impound and suspend under this section are a lien on the vehicle, which may be enforced in the manner provided under Part III of the Repair and Storage Liens Act. 1997, c. 12, s. 10.

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Debt due to Crown

(29) The costs incurred by the Crown in removing, storing or disposing of a load from a commercial motor vehicle or trailer under subsection (17) or (18) are a debt due to the Crown and may be recovered by the Crown in any court of competent jurisdiction. 1997, c. 12, s. 10.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (29) is repealed by the Statutes of Ontario, 2009, chapter 5, subsection 33 (7) and the following substituted:

Debt due to police, Crown

(29) The costs incurred by a police force or the Crown in removing, storing or disposing of a load from a commercial motor vehicle or trailer under subsection (17) or (18) are a debt due to the police force or Crown, as the case may be, and may be recovered by the police force or Crown in any court of competent jurisdiction. 2009, c. 5, s. 33 (7).

See: 2009, c. 5, ss. 33 (7), 59 (2).

Impound, removal service providers are independent contractors

(30) Persons who provide removal services or load removal services or who operate impound facilities, and their subcontractors, are independent contractors and not agents of the Ministry for the purposes of this section; such persons shall not charge more for their services in connection with this section than is permitted by regulation. 1997, c. 12, s. 10.

Protection from personal liability

(31) No action or other proceeding for damages shall be instituted against the Registrar or any employee of the Ministry for any act done in good faith in the execution or intended execution of his or her duty under this section or for any alleged neglect or default in the execution in good faith of that duty. 1997, c. 12, s. 10.

Crown not relieved of liability

(32) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (31) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in that subsection to which it would otherwise be subject. 1997, c. 12, s. 10.

Offence

(33) Every person who fails to comply with subsection (2), (5) or (15), or with a requirement or direction of a police officer or officer appointed for carrying out the provisions of this Act under subsection (3) or (14), is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $20,000 and in addition the person’s driver’s licence may be suspended for a period of not more than six months. 1997, c. 12, s. 10.

Same

(34) Every person who drives or operates or removes a commercial motor vehicle or trailer that is subject to an order to impound and suspend under this section and every person who causes or permits such a commercial motor vehicle or trailer to be driven, operated or removed is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $20,000. 1997, c. 12, s. 10.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (34) is repealed by the Statutes of Ontario, 2009, chapter 5, subsection 33 (8) and the following substituted:

Same

(34) Every person who drives or operates or removes a commercial motor vehicle or trailer that is impounded under this section and every person who causes or permits such a commercial motor vehicle or trailer to be driven, operated or removed is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $20,000. 2009, c. 5, s. 33 (8).

See: 2009, c. 5, ss. 33 (8), 59 (2).

Same

(35) Every person who provides removal services or who operates an impound facility and who charges fees for services provided in connection with this section in excess of those permitted by regulation is guilty of an offence and on conviction is liable to a fine of not less than $100 and not more than $1,000. 1997, c. 12, s. 10.

Same

(36) 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 $20,000 or to imprisonment for a term of not more than six months, or to both. 1997, c. 12, s. 10.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 82.1 is amended by the Statutes of Ontario, 2009, chapter 5, subsection 33 (9) by adding the following subsections:

Intent of impoundment and suspension

(36.1) The impoundment and suspension under this section are intended to promote compliance with the safety standards set out in and under 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. 2009, c. 5, s. 33 (9).

Impoundment concurrent with other administrative impoundments

(36.2) The impoundment of a commercial 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 or 172. 2009, c. 5, s. 33 (9).

See: 2009, c. 5, ss. 33 (9), 59 (2).

Regulations

(37) The Lieutenant Governor in Council may make regulations,

(a) prescribing what constitutes a critical defect;

(b) governing the training and certification of police officers and officers appointed for carrying out the provisions of this Act to carry out an inspection under this section;

(c) prescribing inspection procedures, inspection requirements and equipment and performance standards for carrying out inspections under this section;

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (37) is amended by the Statutes of Ontario, 2009, chapter 5, subsection 33 (10) by adding the following clause:

(c.1) requiring police officers to keep records with respect to vehicle impoundments under this section for a specified period of time and to report specified information with respect to vehicle impoundments to the Registrar and governing such records and reports;

See: 2009, c. 5, ss. 33 (10), 59 (2).

(d) prescribing the period for the purpose of subsection (7);

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (d) is repealed by the Statutes of Ontario, 2009, chapter 5, subsection 33 (11) and the following substituted:

(d) prescribing the period for the purpose of subsection (8);

See: 2009, c. 5, ss. 33 (11), 59 (2).

(e) prescribing a schedule of fees that may be charged by independent contractors for services in connection with this section;

(f) prescribing the form of security that may be deposited pursuant to an order made under subsection (23) and governing the forfeiture and return of the security;

(g) prescribing the manner in which orders may be issued and notification of them given under this section;

(h) prescribing methods for and rules of service for any notices or orders required to be served under this section;

(i) classifying commercial motor vehicles and trailers and exempting any class of commercial motor vehicle or trailer from any provision of this section or from any regulation made under this section and prescribing conditions for any such exemption. 1997, c. 12, s. 10.

(38) Repealed: 2008, c. 17, s. 42.

Regulations re inspection of certain motor vehicles

83. The Lieutenant Governor in Council may make regulations,

(a) requiring the owners of commercial motor vehicles, or any type or class thereof, uninsured motor vehicles or motor assisted bicycles, and motor vehicles or motor assisted bicycles that have been involved in accidents that are reportable under section 199 to submit them to inspection;

(b) prescribing the inspection procedures, inspection requirements and performance standards required for the motor vehicles and motor assisted bicycles;

(c) prohibiting the operation on a highway of motor vehicles and motor assisted bicycles that do not comply with the requirements and standards, and providing for the seizure of the number plates of the motor vehicles and for holding them until the motor vehicle is made to comply with the requirements and standards. R.S.O. 1990, c. H.8, s. 83.

Penalty for driving unsafe vehicle

84. (1) No person shall drive or operate or permit the driving or operation upon a highway of a vehicle, a street car or vehicles that in combination are in a dangerous or unsafe condition. R.S.O. 1990, c. H.8, s. 84; 2009, c. 33, Sched. 26, s. 3 (9).

Vehicle with critical defect deemed unsafe

(1.1) If a commercial motor vehicle or trailer has one or more critical defect, as prescribed by regulation, it shall be deemed to be in a dangerous or unsafe condition. 1997, c. 12, s. 11; 2009, c. 33, Sched. 26, s. 3 (10).

Penalty

(2) Every person who contravenes this section is guilty of an offence and, if the offence was committed by means of a commercial motor vehicle within the meaning of subsection 16 (1), on conviction is liable to a fine of not less than $400 and not more than $20,000. 1996, c. 20, s. 19.

Offence if wheel detaches from commercial motor vehicle

84.1 (1) Where a wheel becomes detached from a commercial motor vehicle, or from a vehicle being drawn by a commercial motor vehicle, while the commercial motor vehicle is on a highway, the operator of the commercial motor vehicle and the owner of the vehicle from which the wheel became detached are guilty of an offence. 1997, c. 12, s. 12.

Exception

(2) If a wheel is detached for the purpose of carrying out a roadside repair, subsection (1) does not apply while the wheel is so detached. 2005, c. 26, Sched. A, s. 13 (1).

Penalty

(3) Upon conviction of an offence under subsection (1), the person is liable to a fine of not less than $2,000 and not more than $50,000. 1997, c. 12, s. 12.

No imprisonment or probation

(4) A person convicted of an offence under subsection (1) is not liable to imprisonment or to a probation order under subsection 72 (1) of the Provincial Offences Act as a result of the conviction or as a result of default in payment of the fine resulting from the conviction. 1997, c. 12, s. 12.

Absolute liability offence

(5) It is not a defence to a charge under subsection (1) that the person exercised due diligence to avoid or prevent the detaching of the wheel. 1997, c. 12, s. 12.

Deemed owner

(6) For the purpose of this section, the holder of the permit or of the plate portion of the permit shall be deemed to be the owner of the vehicle, if the number plate displayed on the vehicle at the time the offence was committed corresponds to the permit, unless the permit holder proves that the number plate was displayed on the vehicle without the permit holder’s consent. 1997, c. 12, s. 12.

Definitions

(7) In this section,

“operator” means,

(a) the person directly or indirectly responsible for the operation of a commercial motor vehicle, including the conduct of the driver of, and the carriage of goods or passengers, if any, in, the commercial motor vehicle or combination of vehicles, and

(b) in the absence of evidence to the contrary, where no CVOR certificate, as defined in subsection 16 (1), or lease applicable to a commercial motor vehicle, is produced, the holder of the plate portion of the permit for the commercial motor vehicle; (“utilisateur”)

“wheel” includes a major component of a wheel, such as a wheel rim or wheel assembly, and a large piece of a wheel or of a major component of a wheel, but does not include a tire or large piece of a tire. (“roue”) 2005, c. 26, Sched. A, s. 13 (2, 3).

Same

(8) In this section and in sections 84.2 and 84.3,

“commercial motor vehicle” does not include a commercial motor vehicle, other than a bus, having a gross vehicle weight, as defined in subsection 114 (1), or manufacturer’s gross vehicle weight rating, or gross vehicle weight for the purpose of determining the permit fee under subsection 121 (1) of 4,500 kilograms or less; (“véhicule utilitaire”)

“permit” means a permit issued under subsection 7 (7) or a vehicle permit issued by another province or state. (“certificat d’immatriculation”) 2005, c. 26, Sched. A, s. 13 (2).

Offence if parts, etc., detach

84.2 (1) Where any part of a vehicle or anything affixed to a vehicle becomes detached from the vehicle while it is on a highway, the driver of the vehicle is guilty of an offence. 2005, c. 26, Sched. A, s. 14.

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Exception

(2) If a part or thing is detached from a vehicle for the purpose of carrying out a roadside repair, subsection (1) does not apply while the part or thing is so detached. 2005, c. 26, Sched. A, s. 14.

Penalty

(3) Upon conviction of an offence under subsection (1), the driver of the vehicle is liable to a fine of not less than $100 and not more than $2,000. 2005, c. 26, Sched. A, s. 14.

Same

(4) Where the vehicle from which the part or thing becomes detached is a commercial motor vehicle, a vehicle drawn by a commercial motor vehicle, a mobile crane or a road-building machine, the driver of the vehicle is liable on conviction to a fine of not less than $400 and not more than $20,000, and not as provided in subsection (3). 2005, c. 26, Sched. A, s. 14.

Licence suspension

(5) In addition to the penalty under subsection (3) or (4), as the case may be, the court may suspend the person’s driver’s licence for a period of not more than 60 days. 2005, c. 26, Sched. A, s. 14.

Offence of causing parts to detach

84.3 (1) Every person who performs work to repair or maintain a vehicle or a vehicle part and who does anything that causes a part of the vehicle or anything affixed to the vehicle to become detached from the vehicle while it is on a highway is guilty of an offence. 2005, c. 26, Sched. A, s. 15.

Same

(2) Every person who carries on a business of repairing or maintaining vehicles or vehicle parts and who does anything or permits another person to do anything that causes a part of a vehicle or anything affixed to a vehicle to become detached from the vehicle while it is on a highway is guilty of an offence. 2005, c. 26, Sched. A, s. 15.

Exception

(3) If a part or thing is detached from a vehicle for the purpose of carrying out a roadside repair, subsections (1) and (2) do not apply while the part or thing is so detached. 2005, c. 26, Sched. A, s. 15.

Penalty

(4) Upon conviction of an offence under subsection (1) or (2), a person is liable to a fine of not less than $100 and not more than $2,000. 2005, c. 26, Sched. A, s. 15.

Same, commercial motor vehicle

(5) Where the vehicle from which the part or thing becomes detached is a commercial motor vehicle, a vehicle drawn by a commercial motor vehicle, a mobile crane or a road-building machine, the person who is guilty of an offence under subsection (1) or (2) is liable on conviction to a fine of not less than $400 and not more than $20,000, and not as provided in subsection (4). 2005, c. 26, Sched. A, s. 15.

Prohibition where evidence of inspection required

85. (1) No person shall operate or permit to be operated on a highway a vehicle of a type or class prescribed by the regulations made under clause 87 (a) unless the vehicle displays, affixed in the place and manner prescribed in the regulations, a device issued by the Ministry as evidence that the inspection requirements and performance standards prescribed by the regulations have been complied with. R.S.O. 1990, c. H.8, s. 85 (1).

Where subs. (1) does not apply

(2) Subsection (1) does not apply to an operator of a vehicle of a class or type prescribed by the regulations who produces evidence that the vehicle has met the inspection requirements and performance standards of a reciprocating province or state designated by the regulations. R.S.O. 1990, c. H.8, s. 85 (2).

Removal of plates by officer

(3) Where the device required by subsection (1) is not displayed as prescribed by the regulations, a police officer or officer appointed for the purposes of carrying out the provisions of this Act may seize the number plates of the vehicle. R.S.O. 1990, c. H.8, s. 85 (3).

Penalty

(4) Every person who contravenes this section is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $20,000. 1996, c. 20, s. 20.

Certificates and stickers provided by Ministry

86. No person shall issue a safety standards certificate or affix a vehicle inspection sticker except a certificate or sticker provided by the Ministry. R.S.O. 1990, c. H.8, s. 86.

Regulations re inspection of vehicles

87. The Lieutenant Governor in Council may make regulations,

(a) prescribing the types or classes of vehicles requiring the device mentioned in section 85;

(b) designating reciprocating provinces and states and prescribing types and classes of vehicles for the purposes of subsection 85 (2);

(c) prescribing the methods and procedures relating to the use or issue of a device as evidence that the prescribed inspection procedures, inspection requirements and performance standards have been complied with;

(d) prescribing the period of time for which the device referred to in clause (c) shall be valid and the manner of affixing and displaying the device;

(e) prescribing the times that vehicles shall be submitted to inspection;

(f) defining for purposes of the regulations any word or expression used in the Act or regulations. R.S.O. 1990, c. H.8, s. 87.

Definitions, ss. 88-100

88. In this section and in sections 89 to 100,

“Director” means the Director of Vehicle Inspection Standards appointed under section 89; (“directeur”)

“licensee” means a person who is the holder of a motor vehicle inspection station licence issued under section 91; (“titulaire de permis”)

“motor vehicle inspection mechanic” means a person who certifies by means of a safety standards certificate that a motor vehicle complies with the equipment and performance standards prescribed by the regulations; (“mécanicien préposé à l’inspection des véhicules automobiles”)

“motor vehicle inspection station” means any premises maintained or operated for the inspection of motor vehicles and the issuance of safety standards certificates or vehicle inspection stickers in respect of the motor vehicles; (“centre d’inspection des véhicules automobiles”)

“registrant” means a person who is registered as a motor vehicle inspection station mechanic under section 92; (“mécanicien inscrit”)

“vehicle inspection record” means a form required to be completed in accordance with the regulations prior to the issue of a vehicle inspection sticker; (“fiche d’inspection de véhicule”)

“vehicle inspection sticker” means the device issued as evidence that the inspection requirements and performance standards referred to in section 85 have been complied with. (“vignette d’inspection de véhicule”) R.S.O. 1990, c. H.8, s. 88.

Director

89. The Minister shall appoint an officer of the Ministry to be the Director of Vehicle Inspection Standards for purposes of sections 88 to 100. R.S.O. 1990, c. H.8, s. 89.

Safety standards certificate and vehicle inspection sticker

Issue of safety standards certificate

90. (1) No person other than a licensee or a person authorized in writing by the licensee shall issue a safety standards certificate. R.S.O. 1990, c. H.8, s. 90 (1).

Affixing vehicle inspection sticker

(2) No person other than a licensee, a motor vehicle inspection mechanic or a person authorized in writing by the licensee shall affix a vehicle inspection sticker to a vehicle. R.S.O. 1990, c. H.8, s. 90 (2).

Prerequisite for issue of safety standards certificate or affixing vehicle inspection sticker

(3) A safety standards certificate in respect of a motor vehicle shall not be issued or a vehicle inspection sticker affixed to a vehicle unless,

(a) the vehicle has been inspected by a motor vehicle inspection mechanic in the motor vehicle inspection station and the vehicle complies with the inspection requirements and performance standards prescribed by the regulations; and

(b) the safety standards certificate or a vehicle inspection record,

(i) is made by the motor vehicle inspection mechanic who inspected the vehicle, and

(ii) is countersigned by the licensee or a person authorized in writing by the licensee. R.S.O. 1990, c. H.8, s. 90 (3).

Motor vehicle inspection station licence

91. (1) No person shall establish, operate or maintain a motor vehicle inspection station except under the authority of a licence issued by the Director under this Act and the Director may issue a licence for a motor vehicle inspection station subject to the conditions that the Director may specify in the licence. R.S.O. 1990, c. H.8, s. 91 (1).

Issuance of licence

(2) Subject to subsection (3), any person who applies in accordance with this Act and the regulations for a licence to establish, operate or maintain a motor vehicle inspection station and who meets the requirements of this Act and the regulations and who pays the prescribed fee is entitled to be issued the licence. R.S.O. 1990, c. H.8, s. 91 (2).

Grounds for refusal

(3) Subject to section 95, the Director may refuse to issue a motor vehicle inspection station licence where, in his or her opinion,

(a) the past conduct of the applicant or, where the applicant is a corporation, of its officers or directors affords reasonable grounds for belief that the motor vehicle inspection station will not be operated in accordance with the law and with honesty and integrity;

(b) the proposed motor vehicle inspection station or its operation would contravene this Act or the regulations or any other Act or regulation or any municipal by-law respecting its establishment or location;

(c) the applicant is not competent to operate a motor vehicle inspection station in accordance with this Act and the regulations; or

(d) the equipment and premises are not suitable for the performance of the inspections for which the licence is sought. R.S.O. 1990, c. H.8, s. 91 (3).

Expiration and renewal of motor vehicle inspection station licence

(4) A motor vehicle inspection station licence expires with the 31st day of December in the year in which it is issued and a renewal shall be issued where the applicant is not disqualified under subsection (8). R.S.O. 1990, c. H.8, s. 91 (4).

Not transferable

(5) A motor vehicle inspection station licence is not transferable. R.S.O. 1990, c. H.8, s. 91 (5).

Operator named in licence

(6) It is a condition of a motor vehicle inspection station licence that the operation of the motor vehicle inspection station be under the charge and control of the licensee. R.S.O. 1990, c. H.8, s. 91 (6).

Notice of change

(7) Where the licensee is a corporation, the corporation shall notify the Director in writing within fifteen days of any change in the officers or directors of the corporation. R.S.O. 1990, c. H.8, s. 91 (7).

Revocation of licence

(8) The Director may revoke or refuse to renew a motor vehicle inspection station licence where,

(a) any person has made a false statement in the application for the licence or a renewal thereof or in any safety standards certificate signed by the licensee or a person authorized in writing by the licensee or in any report, document or other information required to be furnished by this Act or the regulations or any other Act or regulation that applies to the motor vehicle inspection station;

(b) any inspection authorized by the licence is incompetently performed;

(c) the licensee or any motor vehicle inspection mechanic employed in the motor vehicle inspection station has misrepresented the condition of a vehicle with respect to the standards of equipment and performance prescribed by the regulations upon an inspection of the vehicle in the station for the purpose of determining whether or not to issue a safety standards certificate, sign a vehicle inspection record or affix a vehicle inspection sticker;

(d) there is a breach of a condition of the licence;

(e) the licensee does not comply with this Act or the regulations;

(f) the inspections that can be performed by the motor vehicle inspection station are misrepresented; or

(g) a change in the officers or directors of any corporation that is a licensee would afford grounds for refusing to issue a motor vehicle inspection station licence under clause (3) (a). R.S.O. 1990, c. H.8, s. 91 (8).

Motor vehicle inspection mechanic

92. (1) No person shall sign a vehicle inspection record as mechanic or certify in a safety standards certificate that a vehicle complies with the standards of equipment and performance prescribed by the regulations unless the person is registered by the Director as a motor vehicle inspection mechanic in a motor vehicle inspection station and the Director may so register any person for whom application is made under subsection (2). R.S.O. 1990, c. H.8, s. 92 (1).

Registration

(2) Where a licensee or an applicant for a motor vehicle inspection station licence applies for the registration as a motor vehicle inspection mechanic in the motor vehicle inspection station of the licensee or in the proposed motor vehicle inspection station of the applicant for a licence, as the case may be, of any person who meets the requirements of this Act and the regulations, the person is entitled to be registered as a motor vehicle inspection mechanic in the motor vehicle inspection station. R.S.O. 1990, c. H.8, s. 92 (2).

Expiration of registration

(3) The registration of a motor vehicle inspection mechanic expires with the licence of the motor vehicle inspection station to which the mechanic is registered. R.S.O. 1990, c. H.8, s. 92 (3).

Grounds for refusal

(4) Subject to section 95, the Director may refuse to register a motor vehicle inspection mechanic where, in his or her opinion,

(a) the past conduct of the mechanic affords reasonable grounds for belief that the mechanic will not act as a motor vehicle inspection mechanic in accordance with the law and with honesty and integrity; or

(b) the mechanic is not competent to act as a motor vehicle inspection mechanic. R.S.O. 1990, c. H.8, s. 92 (4).

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Revocation of registration of motor vehicle inspection mechanic

93. The Director may revoke the registration of a motor vehicle inspection mechanic where,

(a) the registrant or the licensee has made a false statement in the application for registration of the registrant or in a safety standards certificate or in any report, document or other information required to be furnished by this Act or the regulations or any other Act or regulation that applies to the registrant;

(b) any inspection performed under the authority of the mechanic’s registration is incompetently performed by the registrant; or

(c) the registrant does not comply with this Act or the regulations. R.S.O. 1990, c. H.8, s. 93.

Hearing re terms of licence

94. (1) Where the Director issues a licence under this Act and the licensee is dissatisfied with the conditions thereof prescribed by the Director, he or she may by written notice given to the Director and the Tribunal require a hearing by the Tribunal, and the Tribunal shall appoint a time for and hold a hearing. R.S.O. 1990, c. H.8, s. 94 (1); 1999, c. 12, Sched. G, s. 24 (16).

Decision of Tribunal

(2) After a hearing under subsection (1), the Tribunal may affirm the conditions prescribed for the licence by the Director or may cancel the conditions or may prescribe the other conditions for the licence in the place of those prescribed by the Director that it considers proper and the conditions shall be conditions of the licence. R.S.O. 1990, c. H.8, s. 94 (2); 1999, c. 12, Sched. G, s. 24 (16).

Proposal to refuse to issue or revoke licence or registration

95. (1) Where the Director proposes,

(a) to refuse to issue or renew a licence;

(b) to refuse to make a registration; or

(c) to revoke a licence or registration,

the Director shall serve notice of his or her proposal, together with written reasons therefor,

(d) in the case of a proposal to refuse to issue a licence, upon the applicant;

(e) in the case of a proposal to revoke or to refuse to renew a licence, upon the licensee;

(f) in the case of a proposal to refuse to make a registration, upon the applicant or licensee and upon the proposed registrant; and

(g) in the case of a proposal to revoke a registration, upon the registrant and the licensee of the motor vehicle inspection station in which the registrant is employed. R.S.O. 1990, c. H.8, s. 95 (1).

Notice

(2) A notice under subsection (1) shall inform the person who is the applicant, licensee, registrant or proposed registrant, as the case may be, that the person is entitled to a hearing by the Tribunal if the person mails or delivers, within fifteen days after receiving service of the notice under subsection (1), notice in writing to the Director and the Tribunal requiring a hearing by the Tribunal and the person may so require the hearing. R.S.O. 1990, c. H.8, s. 95 (2); 1999, c. 12, Sched. G, s. 24 (16).

Powers of Director where no hearing

(3) Where the applicant, licensee, registrant or proposed registrant does not require a hearing by the Tribunal in accordance with subsection (2), the Director may carry out the proposal stated in the notice under subsection (1). R.S.O. 1990, c. H.8, s. 95 (3); 1999, c. 12, Sched. G, s. 24 (16).

Power of Tribunal where hearing

(4) Where the applicant, licensee, registrant or proposed registrant requires a hearing by the Tribunal in accordance with subsection (2), the Tribunal shall appoint a time for and shall hold the hearing and may by order direct the Director to carry out his or her proposal or refrain from carrying out his or her proposal and to take the action that the Tribunal considers the Director ought to take in accordance with this Act and the regulations, and for such purposes the Tribunal may substitute its opinion for that of the Director. R.S.O. 1990, c. H.8, s. 95 (4); 1999, c. 12, Sched. G, s. 24 (16).

Extension of time for requiring hearing

(5) The Tribunal may extend the time for the giving of notice requiring a hearing by the applicant, licensee, registrant or proposed registrant under this section either before or after the expiration of the time where it is satisfied that there are apparent grounds for granting relief to the applicant, licensee, registrant or proposed registrant, pursuant to a hearing and that there are reasonable grounds for applying for the extension, and the Tribunal may give the directions that it considers proper consequent upon the extension. R.S.O. 1990, c. H.8, s. 95 (5); 1999, c. 12, Sched. G, s. 24 (16).

Continuation of licence pending renewal

(6) Where, within the time prescribed therefor or, if no time is prescribed, before the expiry of the licence, the licensee has applied for renewal of the licence and paid the prescribed fee, the licence shall be deemed to continue,

(a) until the renewal is granted; or

(b) where the licensee is served with notice that the Director proposes to refuse to grant the renewal, until the time for giving notice requiring a hearing by the Tribunal has expired and, where a hearing is required, until the Tribunal has made its decision. R.S.O. 1990, c. H.8, s. 95 (6); 1999, c. 12, Sched. G, s. 24 (16).

Tribunal hearings, general

Parties

96. (1) The Director, the applicant, licensee, registrant or proposed registrant who has required the hearing and the other persons that the Tribunal may specify are parties to proceedings before the Tribunal under this Act. R.S.O. 1990, c. H.8, s. 96 (1); 1999, c. 12, Sched. G, s. 24 (16).

Notice of hearing

(2) Notice of a hearing under section 94 or 95 shall afford the applicant, licensee, registrant or proposed registrant a reasonable opportunity to show or to achieve compliance before the hearing with all lawful requirements for the issue or retention of the licence or for the registration or continuation of the registration, as the case may be. R.S.O. 1990, c. H.8, s. 96 (2).

Examination of documentary evidence

(3) Any party to proceedings under section 94 or 95 shall be afforded an opportunity to examine before the hearing any written or documentary evidence that will be produced or any report the contents of which will be given in evidence at the hearing. R.S.O. 1990, c. H.8, s. 96 (3).

Members holding hearing not to have taken part in investigation, etc.

(4) Members of the Tribunal holding a hearing shall not have taken part before the hearing in any investigation or consideration of the subject-matter of the hearing and shall not communicate directly or indirectly in relation to the subject-matter of the hearing with any person or with any party or the party’s representative except upon notice to and opportunity for all parties to participate, but the Tribunal may seek legal advice from an adviser independent from the parties and in that case the nature of the advice should be made known to the parties in order that they may make submissions as to the law. R.S.O. 1990, c. H.8, s. 96 (4); 1999, c. 12, Sched. G, s. 24 (16).

Recording of evidence

(5) The oral evidence taken before the Tribunal at a hearing shall be recorded and, if so required, copies of a transcript thereof shall be furnished upon the same terms as in the Superior Court of Justice. R.S.O. 1990, c. H.8, s. 96 (5); 1999, c. 12, Sched. G, s. 24 (16); 2009, c. 5, s. 34 (1).

Findings of fact

(6) The findings of fact of the Tribunal pursuant to a hearing shall be based exclusively on evidence admissible or matters that may be noticed under sections 15 and 16 of the Statutory Powers Procedure Act. R.S.O. 1990, c. H.8, s. 96 (6); 1999, c. 12, Sched. G, s. 24 (16).

Only members at hearing to participate in decision

(7) No member of the Tribunal shall participate in a decision of the Tribunal pursuant to a hearing unless the member was present throughout the hearing and heard the evidence and argument of the parties and, except with the consent of the parties, no decision of the Tribunal shall be given unless all members so present participate in the decision. R.S.O. 1990, c. H.8, s. 96 (7); 1999, c. 12, Sched. G, s. 24 (16).

Release of documentary evidence

(8) Documents and things put in evidence at a hearing shall, upon the request of the person who produced them, be released to the person by the Tribunal within a reasonable time after the matter in issue has been finally determined. R.S.O. 1990, c. H.8, s. 96 (8); 1999, c. 12, Sched. G, s. 24 (16).

Appeal to court

(9) Any party to the proceedings before the Tribunal may appeal from its decision or order to the Divisional Court in accordance with the rules of court. R.S.O. 1990, c. H.8, s. 96 (9); 1999, c. 12, Sched. G, s. 24 (16).

(10) Repealed: 2009, c. 5, s. 34 (2).

Minister entitled to be heard

(11) The Minister is entitled to be heard, by counsel or otherwise, upon the argument of an appeal under this section. R.S.O. 1990, c. H.8, s. 96 (11).

Powers of court on appeal

(12) An appeal under this section may be made on questions of law or fact or both and the court may affirm or may rescind the decision of the Tribunal and may exercise all powers of the Tribunal to direct the Director to take any action which the Tribunal may direct him or her to take and as the court considers proper and for such purposes the court may substitute its opinion for that of the Director or of the Tribunal, or the court may refer the matter back to the Tribunal for rehearing, in whole or in part, in accordance with the directions that the court considers proper. R.S.O. 1990, c. H.8, s. 96 (12); 1999, c. 12, Sched. G, s. 24 (18).

Service of notice

97. Except where otherwise provided, any notice required by sections 88 to 96 or the regulations to be served may be served personally or by registered mail addressed to the person to whom notice is to be given at the person’s latest known address and, where notice is served by registered mail, the service shall be deemed to have been made on the fifth day after the day of mailing unless the person to whom notice is given establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control receive the notice until a later date. R.S.O. 1990, c. H.8, s. 97.

Inspectors

98. (1) The Minister may appoint one or more persons as inspectors for the purposes of sections 88 to 99 and the regulations and the appointments shall be in writing. R.S.O. 1990, c. H.8, s. 98 (1).

Certificate of appointment

(2) The Minister shall issue every inspector appointed under subsection (1) a certificate of appointment and every inspector, in the execution of his or her duties under this section and the regulations, shall produce his or her certificate of appointment upon request. R.S.O. 1990, c. H.8, s. 98 (2).

Powers of inspectors

(3) An inspector may at all reasonable times inspect the premises, operations and all records of all motor vehicle inspection stations to ensure that sections 88 to 92 and the regulations are complied with. R.S.O. 1990, c. H.8, s. 98 (3).

Idem

(4) Upon an inspection under this section, the inspector may upon giving a receipt therefor remove any material referred to in subsection (3) that relates to the purpose of the inspection for the purpose of making a copy thereof, provided that the copying is carried out with reasonable dispatch and the material in question is promptly thereafter returned to the licensee of the motor vehicle inspection station. R.S.O. 1990, c. H.8, s. 98 (4).

Admissibility of copies

(5) Any copy made as provided in subsection (4) and purporting to be certified by an inspector is admissible in evidence in any proceeding or prosecution as proof, in the absence of evidence to the contrary, of the original. R.S.O. 1990, c. H.8, s. 98 (5).

Obstruction

(6) No person shall obstruct the inspector or withhold or destroy, conceal or refuse to furnish any information or thing required by the inspector for the purposes of the inspection. R.S.O. 1990, c. H.8, s. 98 (6).

Offences, ss. 88-98, etc.

99. (1) Subject to subsection (1.1), any person who contravenes sections 88 to 98 or the regulations made under section 100 is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $20,000. 1996, c. 20, s. 21.

Same

(1.1) Any person who contravenes subsection 90 (3), 91 (1), 92 (1) or 98 (6) is guilty of an offence and on conviction is liable to a fine of not less than $400 and not more than $20,000. 1996, c. 20, s. 21.

Same

(2) Any person who makes a false statement in a safety standards certificate is guilty of an offence and on conviction is liable to a fine of not less than $400 and not more than $20,000. 1996, c. 20, s. 21.

Report on conviction to Director

(3) A provincial judge or justice of the peace who makes a conviction for an offence under sections 88 to 98 or any regulation made under section 100, or the clerk of the court in which the conviction is made, shall forthwith certify the conviction to the Director setting out the name, address and description of the person convicted and the provision of this Act contravened. R.S.O. 1990, c. H.8, s. 99 (3).

Regulations, safety standards certificates, motor vehicle inspection stations, etc.

100. (1) The Lieutenant Governor in Council may make regulations,

(a) prescribing the form and content of safety standards certificates;

(b) prescribing inspection procedures, inspection requirements and equipment and performance standards of those items to be inspected for a safety standards certificate, a structural inspection certificate or a vehicle inspection sticker;

(c) governing the safety, equipment, premises, maintenance and operation of motor vehicle inspection stations;

(d) prescribing forms for the purposes of sections 88 to 98 and this section and providing for their use;

(e) prescribing conditions that shall attach to motor vehicle inspection station licences or the registrations of motor vehicle inspection mechanics or any class of either of them;

(f) classifying vehicles, motor vehicle inspection stations and motor vehicle inspection mechanics for the purposes of sections 88 to 92;

(g) prescribing fees that shall be paid upon applications for motor vehicle inspection station licences and upon the issuance of the licences or renewals thereof and upon applications for and the registration of motor vehicle inspection mechanics;

(h) prescribing the amount that shall be paid to the Ministry for forms of safety standards certificates and vehicle inspection stickers;

(i) prescribing the books, records and accounts that shall be kept by licensees;

(j) governing the reports and returns that shall be made to the Director by licensees and registrants;

(k) prescribing the qualifications of motor vehicle inspection mechanics;

(l) prescribing other duties of inspectors;

(m) prescribing the form, size and content of signs that identify motor vehicle inspection stations and governing the use of such signs;

(n) requiring and governing the return to the Ministry of unused forms of safety standards certificates, vehicle inspection records and vehicle inspection stickers and providing for refunds of amounts paid for the forms of certificates and stickers;

(o) requiring and governing the return to the Ministry of signs provided by the Ministry to identify motor vehicle inspection stations. R.S.O. 1990, c. H.8, s. 100 (1); 2000, c. 15, s. 1 (1).

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Adoption by reference

(2) Any regulation made under clause (1) (b) may adopt by reference any code, in whole or in part, with the changes that the Lieutenant Governor in Council considers necessary and may require compliance with any code that is adopted. R.S.O. 1990, c. H.8, s. 100 (2).

Exemptions

(3) A regulation made under clause (1) (b) may provide that a structural inspection certificate is not required for such classes of vehicles or in such circumstances as are described in the regulation. 2000, c. 15, s. 1 (2).

Regulations, accessories and ornaments

101. The Lieutenant Governor in Council may make regulations,

(a) requiring the use of any accessory, or any type or class thereof, on vehicles, regulating the use thereof and prescribing the specifications thereof;

(b) prohibiting the use on vehicles of any accessory or ornament, or any type or class thereof;

(c) prohibiting the sale or offering for sale of any accessory or ornament, or any type or class thereof, that is designed for use on vehicles;

(d) designating an organization to test and mark its approval of any accessory designated by the regulations, and prohibiting the installation, sale or purchase of any designated accessory that is not marked as approved by the testing organization. R.S.O. 1990, c. H.8, s. 101.

Regulations, safety devices

102. (1) The Lieutenant Governor in Council may make regulations,

(a) requiring the use or incorporation of any device or any equipment, in or on any vehicle or any class of vehicle, that may affect the safe operation of the vehicle on the highway or that may reduce or prevent injury to persons using the highway, and prescribing the specifications and regulating the installation thereof;

(b) designating devices and designating an organization to test and mark its approval of any device so designated, and prohibiting the incorporation or use in or on a vehicle of any device so designated that is not marked as approved by the testing organization;

(c) prescribing standards or specifications for any vehicles or any class or classes thereof;

(d) providing for and requiring the identification and marking of vehicles or any class or classes thereof;

(e) prescribing the types or classes of vehicles to which subsection (3) applies;

(f) exempting any type or class of vehicle or any class of driver or passenger in a vehicle from the provisions of any regulations made under this section. R.S.O. 1990, c. H.8, s. 102 (1).

Codes

(2) Any regulation may adopt by reference, in whole or in part, with the changes that the Lieutenant Governor in Council considers necessary, any code, and may require compliance with any code that is so adopted. R.S.O. 1990, c. H.8, s. 102 (2).

Prohibition re sale where non-compliance with regulations

(3) No person shall sell, offer or expose for sale any new vehicle of a type or class prescribed by the regulations made under clause (1) (e) that does not comply with the standards and specifications prescribed by the regulations or that is not marked or identified as prescribed by the regulations. R.S.O. 1990, c. H.8, s. 102 (3).

Penalty

(4) Every person who contravenes this section or a regulation made 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 $1,000. R.S.O. 1990, c. H.8, s. 102 (4).

Commercial motor vehicles, further provisions

Name of owner on commercial motor vehicles

103. (1) Every commercial motor vehicle shall have attached to or painted on both sides of the vehicle in a clearly visible position a sign showing the name of the owner, but the Ministry may by regulation designate any vehicle or classes of vehicles to which this subsection does not apply. R.S.O. 1990, c. H.8, s. 103 (1).

Reflector

(2) Every commercial motor vehicle and every trailer shall have securely attached to the back thereof two red reflectors approved by the Ministry, which shall be located as far apart as practicable, at the same height and in such positions as to reflect the light from the headlights of a vehicle approaching from the rear. R.S.O. 1990, c. H.8, s. 103 (2).

Lamps and reflectors required on rear of new commercial motor vehicles and trailers

(3) No person shall sell, offer or expose for sale a new commercial motor vehicle or trailer, other than a truck tractor, unless,

(a) there is affixed to each side of the rear thereof in a conspicuous position a lamp, which when lighted shall display a red light only, which shall be clearly visible for a distance of at least 150 metres from the rear of the vehicle; and

(b) there is affixed to each side of the rear thereof and placed in such a position as to reflect the light from the headlamps of a motor vehicle approaching from the rear a red reflector approved by the Ministry. R.S.O. 1990, c. H.8, s. 103 (3).

Name and address of owner on road-building machine

(4) Every road-building machine when on a highway shall have attached to or painted on both sides of the machine in a clearly visible position a sign showing the name and address of the owner. R.S.O. 1990, c. H.8, s. 103 (4).

Exemption to subs. (4)

(5) Subsection (4) does not apply to a road-building machine, operated by or on behalf of an authority having jurisdiction and control of the highway, while engaged in construction or maintenance activities on the highway. R.S.O. 1990, c. H.8, s. 103 (5).

Penalty

(6) Every person who contravenes subsection (3) is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $1,000. R.S.O. 1990, c. H.8, s. 103 (6).

Power-assisted bicycles

Equipment, requirements

103.1 (1) Every power-assisted bicycle shall have the prescribed equipment and conform to the prescribed requirements and standards. 2009, c. 5, s. 35.

Helmet requirement

(2) No person shall ride on, drive or operate a power-assisted bicycle on a highway unless the person is wearing a helmet as required by subsection 104 (1) or (2.1). 2009, c. 5, s. 35.

Regulations

(3) The Minister may make regulations,

(a) prescribing equipment for power-assisted bicycles;

(b) prescribing requirements and standards for power-assisted bicycles;

(c) exempting any class of power-assisted bicycles from subsection (1) or from any provision of the regulations made under this subsection and prescribing conditions and circumstances for any such exemption. 2009, c. 5, s. 35.

Motorcycle and bicycle helmets

Motorcyclists to wear helmet

104. (1) No person shall ride on or operate a motorcycle or motor assisted bicycle on a highway unless the person is wearing a helmet that complies with the regulations and the chin strap of the helmet is securely fastened under the chin. R.S.O. 1990, c. H.8, s. 104 (1).

Idem

(2) No person shall carry a passenger who is under sixteen years of age on a motorcycle on a highway unless the passenger is wearing a helmet that complies with the regulations and the chin strap of the helmet is securely fastened under the chin. R.S.O. 1990, c. H.8, s. 104 (2).

Bicyclists to wear helmet

(2.1) Subject to subsection 103.1 (2), no person shall ride on or operate a bicycle on a highway unless the person is wearing a bicycle helmet that complies with the regulations and the chin strap of the helmet is securely fastened under the chin. 2009, c. 5, s. 36 (1).

Duty of parent or guardian

(2.2) No parent or guardian of a person under sixteen years of age shall authorize or knowingly permit that person to ride on or operate a bicycle, other than a power-assisted bicycle, on a highway unless the person is wearing a bicycle helmet as required by subsection (2.1). 1993, c. 18, s. 1; 2009, c. 5, s. 36 (2).

Regulations

(3) The Minister may make regulations,

(a) prescribing standards and specifications for helmets referred to in subsections (1), (2) and (2.1);

(b) providing for and requiring the identification and marking of the helmets;

(c) exempting any person or class of persons from the requirements of this section and prescribing conditions for exemptions. 1993, c. 18, s. 1; 2009, c. 5, s. 36 (3).

Codes

(4) Any regulation may adopt by reference in whole or in part, with the changes that the Lieutenant Governor in Council considers necessary, any code, and may require compliance with any code that is so adopted. R.S.O. 1990, c. H.8, s. 104 (4).

Horse-riders, helmets and footwear

104.1 (1) No person under the age of 18 years shall ride or be mounted on a horse on a highway unless that person has and is correctly using the following equipment in the manner that it was designed to be used:

1. A helmet that complies with the requirements under the Horse Riding Safety Act, 2001.

2. Footwear that complies with the requirements under the Horse Riding Safety Act, 2001. 2001, c. 4, s. 4.

Exception

(2) Paragraph 2 of subsection (1) does not apply to a person equipped with properly functioning and sized hooded stirrups, safety stirrups designed to prevent the rider’s foot from passing through or becoming wedged in the stirrups, or stirrups designed to break away when the rider falls from the horse. 2001, c. 4, s. 4.

Duty of parent or guardian

(3) No parent or guardian of a person under the age of 16 years shall authorize or knowingly permit the person to ride or be mounted on a horse on a highway in contravention of subsection (1). 2001, c. 4, s. 4.

Rider to identify self

(4) A police officer who finds any person contravening subsection (1) may require that person to stop and to provide identification of himself or herself. 2001, c. 4, s. 4.

Same

(5) Every person who is required to stop, by a police officer acting under subsection (4), shall stop and identify himself or herself to the police officer. 2001, c. 4, s. 4.

Same

(6) For the purposes of this section, giving one’s correct name and address is sufficient identification. 2001, c. 4, s. 4.

Same

(7) A police officer may arrest without warrant any person who does not comply with subsection (5). 2001, c. 4, s. 4.

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Sale of new vehicles

Federal standards

105. (1) No person who deals in motor vehicles, trailers, conversion units or trailer converter dollies shall sell or offer to sell a new motor vehicle, trailer, conversion unit or trailer converter dolly that does not conform to the standards required under the Motor Vehicle Safety Act (Canada) or that does not bear the National Safety Mark referred to in that Act. 1993, c. 34, s. 1.

Sale of motor assisted bicycles

(2) No person who deals in motor assisted bicycles shall sell a new motor assisted bicycle unless on the delivery of the vehicle to the purchaser, the seller gives to the purchaser a document in a form approved by the Ministry certifying that the vehicle complies with the definition of a motor assisted bicycle. R.S.O. 1990, c. H.8, s. 105 (2).

Penalty

(3) Every person who contravenes subsection (1) is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $1,000. R.S.O. 1990, c. H.8, s. 105 (3).

Seat belts

Seat belt assembly must not be removed or altered

106. (1) No person shall drive on a highway a motor vehicle in which a seat belt assembly required under the Motor Vehicle Safety Act (Canada) at the time that the vehicle was manufactured or imported into Canada has been removed, rendered partly or wholly inoperative, modified so as to reduce its effectiveness or is not operating properly through lack of maintenance. 2006, c. 25, s. 1.

Use of seat belt assembly by driver

(2) Every person who drives on a highway a motor vehicle in which a seat belt assembly is provided for the driver shall wear the complete seat belt assembly as required by subsection (5). 2006, c. 25, s. 1.

Use of seat belt assembly by passenger

(3) Every person who is at least 16 years old and is a passenger in a motor vehicle on a highway shall,

(a) occupy a seating position for which a seat belt assembly has been provided; and

(b) wear the complete seat belt assembly as required by subsection (5). 2006, c. 25, s. 1.

Driver to ensure young passenger uses seat belt assembly

(4) No person shall drive on a highway a motor vehicle in which there is a passenger who is under 16 years old unless,

(a) that passenger,

(i) occupies a seating position for which a seat belt assembly has been provided, and

(ii) is wearing the complete seat belt assembly as required by subsection (5); or

(b) that passenger is required by the regulations to be secured by a child seating system or child restraint system, and is so secured. 2006, c. 25, s. 1.

How to wear seat belt assembly

(5) A seat belt assembly shall be worn so that,

(a) the pelvic restraint is worn firmly against the body and across the hips;

(b) the torso restraint, if there is one, is worn closely against the body and over the shoulder and across the chest;

(c) the pelvic restraint, and the torso restraint, if there is one, are securely fastened; and

(d) no more than one person is wearing the seat belt assembly at any one time. 2006, c. 25, s. 1.

Exception

(6) Subsections (2) and (3) do not apply to a person,

(a) who is driving a motor vehicle in reverse;

(b) who holds a certificate signed by a legally qualified medical practitioner certifying that the person is,

(i) for the period stated in the certificate, unable for medical reasons to wear a seat belt assembly, or

(ii) because of the person’s size, build or other physical characteristic, unable to wear a seat belt assembly; or

(c) who is actually engaged in work which requires him or her to alight from and re-enter the motor vehicle at frequent intervals and the motor vehicle does not travel at a speed exceeding 40 kilometres per hour. 2006, c. 25, s. 1.

Same

(7) Clause (4) (a) does not apply in respect of a passenger if the passenger holds a certificate signed by a legally qualified medical practitioner certifying that the passenger is,

(a) for the period stated in the certificate, unable for medical reasons to wear a seat belt assembly; or

(b) because of the person’s size, build or other physical characteristic, unable to wear a seat belt assembly. 2006, c. 25, s. 1.

Regulations

(8) The Lieutenant Governor in Council may make regulations,

(a) requiring that children or any class of children be secured in child seating systems and child restraint systems in motor vehicles on highways;

(b) prescribing the specifications of child seating systems and child restraint systems, prescribing different child seating systems and child restraint systems for different classes of children, governing the use of such systems, including prescribing the manner in which a child is to be secured in child seating systems and child restraint systems;

(c) prescribing classes of children, based on the age, height or weight of a child or the relationship of a child to the driver or owner of the motor vehicle;

(d) prescribing classes of motor vehicles, drivers and passengers;

(e) exempting from any of the provisions of this section or the regulations made under this section,

(i) any class of motor vehicle,

(ii) any class of driver or passenger, or

(iii) drivers carrying any prescribed class of passenger,

and prescribing conditions for any such exemption;

(f) prescribing circumstances in which drivers, or any class of driver, is exempt from any of the provisions of this section or the regulations made under this section, and prescribing conditions for any such exemption. 2006, c. 25, s. 1.

Police may request passenger’s identification

(8.1) A police officer or officer appointed for carrying out the provisions of this Act may request that a passenger in a motor vehicle who appears to be at least 16 years old identify himself or herself if the officer has reason to believe that the passenger is contravening this section or the regulations made under this section. 2006, c. 25, s. 2.

Same

(8.2) A passenger who is requested to identify himself or herself under subsection (8.1) shall give the officer reasonable identification of himself or herself and, for such purposes, giving his or her correct name, date of birth and address is reasonable identification. 2006, c. 25, s. 2.

Offence

(8.3) Every person who contravenes or fails to comply with this section or a regulation made 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 $1,000. 2009, c. 5, s. 37.

Definition

(9) In this section,

“seat belt assembly” means a device or assembly composed of straps, webbing or similar material that restrains the movement of a person in order to prevent or mitigate injury to the person and includes a pelvic restraint or a pelvic restraint and a torso restraint. 2006, c. 25, s. 1.

Inspection and maintenance of commercial motor vehicles

107. (1) Every operator shall establish a system, and prepare and keep a written record of that system, to periodically inspect and maintain all commercial motor vehicles and vehicles drawn by commercial motor vehicles that are under the operator’s control and that are operated or drawn on the highway. 2005, c. 26, Sched. A, s. 16.

Same

(2) Every operator shall ensure that periodic inspections and maintenance are carried out in accordance with the system established under subsection (1). 2005, c. 26, Sched. A, s. 16.

Performance standards

(3) Every operator shall ensure that the commercial motor vehicles operated by the operator on a highway and the vehicles drawn by such commercial motor vehicles meet the prescribed performance standards. 2005, c. 26, Sched. A, s. 16.

Daily and under-vehicle inspections and reports

(4) Every operator shall, for every commercial motor vehicle operated by the operator and for every vehicle drawn by such a commercial motor vehicle,

(a) supply the driver of the commercial motor vehicle with the daily inspection schedule for the commercial motor vehicle and the drawn vehicle;

(b) ensure that daily inspections of the commercial motor vehicle and drawn vehicle are conducted in the prescribed manner;

(c) ensure that any under-vehicle inspections required by the regulations in respect of the commercial motor vehicle and drawn vehicle are conducted at the times, in the circumstances and in the manner prescribed;

(d) ensure the accurate completion of daily inspection reports and under-vehicle inspection reports in respect of the commercial motor vehicle and drawn vehicle. 2005, c. 26, Sched. A, s. 16.

Completion of inspection reports

(5) Every person who conducts a daily inspection or under-vehicle inspection shall accurately complete an inspection report forthwith after completing the inspection. 2005, c. 26, Sched. A, s. 16.

Driver to carry inspection schedule, reports

(6) At all times while in control of a commercial motor vehicle on a highway, the driver of the vehicle shall have in his or her possession the daily inspection schedule for the commercial motor vehicle and for any vehicle drawn by the commercial motor vehicle and the completed daily inspection reports and under-vehicle inspection reports, if applicable, for the commercial motor vehicle and drawn vehicle. 2005, c. 26, Sched. A, s. 16.

Driver to surrender reports

(7) The driver of a commercial motor vehicle shall, upon the demand of a police officer or officer appointed for carrying out the provisions of this Act, forthwith surrender the inspection schedule and reports that he or she is required to have in his or her possession by subsection (6). 2005, c. 26, Sched. A, s. 16.

Report to operator

(8) Every driver of a commercial motor vehicle shall,

(a) make an entry in the daily inspection report forthwith upon any defect coming to his or her attention after the daily inspection is conducted;

(b) report forthwith to the operator, as prescribed, any defect found on the commercial motor vehicle or vehicle drawn by the commercial motor vehicle as a result of the daily inspection or that comes to his or her attention after the daily inspection is conducted; and

(c) submit the completed daily inspection reports and under-vehicle inspection reports to the operator as prescribed. 2005, c. 26, Sched. A, s. 16.

Prohibition – driving without completing inspections, reports

(9) No person shall drive a commercial motor vehicle on a highway unless a daily inspection of the commercial motor vehicle and any vehicle drawn by the commercial motor vehicle and, if required by the regulations, an under-vehicle inspection or inspections, have been conducted as required by the regulations and an inspection report for each inspection has been completed. 2005, c. 26, Sched. A, s. 16.

Where inspection conducted by person other than driver

(10) Where a person other than the driver of the commercial motor vehicle conducts the daily inspection or under-vehicle inspection and provides the driver with a completed inspection report, the driver may rely on the inspection report for the purpose of subsection (9) as proof that the inspection to which it relates was conducted as required by the regulations, unless the driver has reason to believe otherwise. 2005, c. 26, Sched. A, s. 16.

Prohibition – driving with prescribed defect

(11) No person shall drive a commercial motor vehicle on a highway if the commercial motor vehicle or any vehicle drawn by the commercial motor vehicle has a defect prescribed for the purpose of this subsection. 2005, c. 26, Sched. A, s. 16.

Same

(12) No person shall drive a commercial motor vehicle on a highway if the commercial motor vehicle or any vehicle drawn by the commercial motor vehicle has a defect prescribed for the purpose of this subsection, except as permitted by and in accordance with the regulations. 2005, c. 26, Sched. A, s. 16.

Records

(13) Every operator of a commercial motor vehicle shall maintain or cause to be maintained the books and records that are prescribed at the prescribed location and shall produce the books and records upon the demand of an officer appointed for carrying out the provisions of this Act. 2005, c. 26, Sched. A, s. 16.

Electronic documents

(14) Despite the Electronic Commerce Act, 2000, electronic documents may only be used for a purpose under this section in compliance with the regulations. 2005, c. 26, Sched. A, s. 16.

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Offence

(15) Every person who contravenes or fails to comply with subsection (1), (2), (3), (4), (11) or (13) is guilty of an offence and on conviction is liable to a fine of not less than $250 and not more than $20,000 or to imprisonment for a term of not more than six months, or to both. 2005, c. 26, Sched. A, s. 16.

Same

(16) Every person who contravenes or fails to comply with subsection (5), clause (8) (b) or subsection (9) or (12) is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $1,000. 2005, c. 26, Sched. A, s. 16.

Not liable for other offences

(17) It is a defence for a person, other than the operator, charged with an offence under another section of this Act in respect of a defect prescribed for the purpose of subsection (12) that the person complied with the regulations made for the purpose of that subsection. 2005, c. 26, Sched. A, s. 16.

Regulations

(18) The Lieutenant Governor in Council may make regulations,

(a) defining “commercial motor vehicle” and “operator” for the purposes of this section;

(b) respecting the driving or operation of commercial motor vehicles and the drawing of vehicles by commercial motor vehicles;

(c) prescribing minimum requirements that the system of periodic inspections and maintenance required by subsection (1) must meet, including the content and frequency of the inspections and maintenance;

(d) prescribing performance standards for the purpose of subsection (3);

(e) governing daily inspections and under-vehicle inspections, including prescribing their content, method, and timing, the period for which they are valid and, in respect of under-vehicle inspections, the classes or types of vehicles that require them;

(f) prescribing the qualifications of the persons who may inspect vehicles, and prescribing different qualifications for different kinds of inspections and for different classes or types of vehicles;

(g) prescribing the contents of daily inspection schedules and reports and under-vehicle inspection reports;

(h) governing the making of entries under clause (8) (a);

(i) governing the reporting under clause (8) (b), including operators’ responsibilities with respect to reporting;

(j) governing the submission of inspection reports under clause (8) (c);

(k) prescribing defects for the purpose of subsection (11);

(l) prescribing defects and requirements for the purpose of subsection (12);

(m) prescribing and governing books and records to be maintained by operators and prescribing the location where books and records are to be maintained;

(n) governing the use of electronic documents;

(o) exempting any person or class of persons or any vehicle or class or type of vehicles from any provision of this section or of any regulation made under this section and prescribing conditions and circumstances for any such exemption. 2005, c. 26, Sched. A, s. 16.

Same

(19) A regulation made under subsection (18) may apply in respect of a class or type of vehicle or class of operator or person and may contain different provisions for different classes or types of vehicles and different classes of operators and persons. 2005, c. 26, Sched. A, s. 16.

PART VII, t- F1 J6 K+ w' S9 r/ T
LOAD AND DIMENSIONS

Definitions, Part VII

108. In this Part,

“box length”, in a combination of vehicles having more than one trailer, means the external measurement from the front of the foremost trailer to the rear of the rearmost trailer, including load, but excluding any portion of auxiliary equipment or machinery that extends beyond the front of the foremost trailer and that is not designed or used for the transportation of goods; (“longueur de la caisse”)

“over-dimensional farm vehicle” means a farm tractor, self-propelled implement of husbandry, implement of husbandry, or any combination of them, having a weight, width, length or height in excess of the limits provided in this Part or Part VIII; (“véhicule agricole de dimensions excessives”)

“semi-trailer” means a trailer designed so that its forward part rests on or is carried by another vehicle or trailer converter dolly to which it is coupled by means of a fifth wheel assembly. (“semi-remorque”) R.S.O. 1990, c. H.8, s. 108; 1993, c. 34, s. 2.

Vehicle dimensions

Width of vehicle

109. (1) Subject to sections 110 and 110.1, no vehicle including load or contents shall have a greater width than 2.6 metres while on a highway except,

(a) traction engines, which may have a total width not exceeding 2.8 metres; or

(b) road service vehicles and, for the purpose of this Part, road service vehicle includes such a vehicle while travelling to and from a maintenance site or repair centre. R.S.O. 1990, c. H.8, s. 109 (1); 1994, c. 27, s. 138 (9); 2002, c. 18, Sched. P, s. 25 (1).

Width of load

(2) Subject to sections 110 and 110.1, no load on a vehicle shall have a greater width than 2.6 metres while on a highway except,

(a) loads of raw forest products which shall not exceed a total width of 2.7 metres at point of origin and which shall not exceed a total width of 2.8 metres at any time during transit; or

(b) loads of loose fodder. R.S.O. 1990, c. H.8, s. 109 (2); 2002, c. 18, Sched. P, s. 25 (2).

Rear vision mirrors and lamps not included

(3) Where a commercial motor vehicle is equipped with one or more rear vision mirrors that extend in whole or in part beyond either side of the vehicle, or one or more lamps, required by this Act, that extend in whole or in part beyond either side of the vehicle, the amount of the extension shall not be included in determining the maximum width of the vehicle under subsection (1). R.S.O. 1990, c. H.8, s. 109 (3).

Rear vision mirrors, lamps, etc., not included in width of bus

(4) Where a bus is equipped with rear vision mirrors, side marker lamps, side marker reflectors, side mounted turn indicators or rubber fenders around the outer edges of its wheel housings, any of which extend in whole or in part beyond either side of the vehicle, the amount of the extension shall not be included in determining the maximum width of the vehicle under subsection (1). R.S.O. 1990, c. H.8, s. 109 (4).

Load covering mechanism not included in width

(5) Where a commercial motor vehicle or trailer is equipped with a load covering mechanism, extensions in the width of the vehicle caused by the mechanism shall not be included in determining the width of the vehicle under subsection (1) where the mechanism does not extend the width of the vehicle on either side by more than 102 millimetres. R.S.O. 1990, c. H.8, s. 109 (5).

Length of vehicle

(6) Subject to sections 110 and 110.1, no vehicle, other than a fire apparatus, a semi-trailer or a bus, including load, shall exceed the length of 12.5 metres while on a highway. R.S.O. 1990, c. H.8, s. 109 (6); 2002, c. 18, Sched. P, s. 25 (3); 2009, c. 5, s. 38.

Length of combination

(7) No combination of vehicles, including load, coupled together shall exceed the total length of twenty-three metres while on a highway. R.S.O. 1990, c. H.8, s. 109 (7).

Exception

(7.1) Despite subsection (7), a combination of vehicles whose configuration, weight and dimensions are as prescribed by regulation may have a total length while on a highway, including load, that does not exceed 25 metres. 1993, c. 34, s. 3 (1).

Maximum box length

(8) No combination of vehicles composed of more than one trailer shall have a box length in excess of 18.5 metres while on a highway. 1993, c. 34, s. 3 (2).

Exception

(8.1) Despite subsection (8), a combination of vehicles whose configuration, weight and dimensions are as prescribed by regulation may have a box length that does not exceed 20 metres while on a highway. 1993, c. 34, s. 3 (2).

(8.2)-(9) Repealed: 2009, c. 33, Sched. 26, s. 3 (11).

Maximum length of semi-trailer

(10) Subject to sections 110 and 110.1, no semi-trailer shall have a length with an external measurement, excluding any portion of auxiliary equipment or machinery that extends beyond the front or rear of the semi-trailer and that is not designed or used for the transportation of goods, that exceeds 14.65 metres while on a highway. 1993, c. 34, s. 3 (2); 2002, c. 18, Sched. P, s. 25 (4).

Exception

(10.1) Subsection (10) does not apply to a semi-trailer designed to carry vehicles. 1993, c. 34, s. 3 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (10.1) is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule P, subsection 25 (5). See: 2002, c. 18, Sched. P, ss. 25 (5), 46 (1).

Same

(10.2) Despite subsection (10), a semi-trailer used in a combination of vehicles whose configuration, weight and dimensions are as prescribed by regulation may have a length with an external measurement, excluding any portion of auxiliary equipment or machinery that extends beyond the front of the semi-trailer and that is not designed or used for the transportation of goods, that does not exceed 16.2 metres while on a highway. 1993, c. 34, s. 3 (2).

Length of bus

(11) No bus, other than an articulated bus, shall exceed the length of 12.5 metres while on a highway, but an increase in the length of a bus caused by the addition of a liquid filled or other energy-absorbing bumper shall not be included in determining the length of the bus. R.S.O. 1990, c. H.8, s. 109 (11).

Same

(11.1) Despite subsection (11), a bus that meets the requirements prescribed by regulation may exceed the length of 12.5 metres. 1993, c. 34, s. 3 (3).

Restricting length of combination of vehicles

(12) The council of a municipality that was a city on December 31, 2002, may by by-law prohibit the operation of a combination of vehicles having a total length, including load, in excess of 15.25 metres while on a highway or a portion thereof under its jurisdiction designated in the by-law. R.S.O. 1990, c. H.8, s. 109 (12); 2002, c. 17, Sched. F, Table.

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Mirror not included in length

(13) Where a vehicle is equipped with one or more mirrors that extend in whole or in part beyond the front of the vehicle, the amount of the extension shall not be included in determining the length of the vehicle under subsection (6), (11) or (12). R.S.O. 1990, c. H.8, s. 109 (13).

Height of vehicle

(14) Subject to sections 110 and 110.1, no vehicle including load shall have a greater height than 4.15 metres while on a highway. R.S.O. 1990, c. H.8, s. 109 (14); 2002, c. 18, Sched. P, s. 25 (6).

Penalty

(15) Every person who contravenes this section is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $1,000 and, in addition, the permit issued for the vehicle under section 7 may be suspended for not more than six months. R.S.O. 1990, c. H.8, s. 109 (15).

Same – commercial motor vehicle

(15.1) Despite subsection (15), every person who contravenes this section is guilty of an offence and, if the offence was committed by means of a commercial motor vehicle within the meaning of subsection 16 (1), on conviction is liable to a fine of not less than $200 and not more than $20,000 and, in addition, the permit issued for the vehicle under section 7 may be suspended for not more than six months. 1996, c. 20, s. 24.

Regulations

(16) The Lieutenant Governor in Council may make regulations for the purposes of subsections (7.1), (8.1) and (10.2),

(a) prescribing configurations of vehicles and combinations of vehicles;

(b) setting limits on dimensions of vehicles and combinations of vehicles, except those dimensions already set out in this Act;

(c) prescribing requirements for components and equipment for vehicles and combinations of vehicles. 1993, c. 34, s. 3 (4).

Same

(17) The Lieutenant Governor in Council may make regulations prescribing requirements for the purpose of subsection (11.1), including prescribing maximum length, bus type and use, load distribution, configurations and requirements for components, equipment and safety features. 1993, c. 34, s. 3 (5).

Same

(18) The Lieutenant Governor in Council may make regulations exempting any class of vehicles from the application of subsection (10) and prescribing conditions for such exemptions. 2002, c. 18, Sched. P, s. 25 (7).

Permits to exceed dimension and weight limits (use of highway)

110. (1) The municipal corporation or other authority having jurisdiction over the highway may, upon application in writing, grant a permit for use of the highway by a vehicle or combination of vehicles in excess of the dimensional limits set out in section 109 or the weight limits set out in Part VIII in order to allow the movement of,

(a) a load, object or structure that cannot reasonably be divided and moved within those limits;

(b) a vehicle that cannot reasonably be divided and moved within those limits and that is not itself carrying a load, object or structure or drawing or carrying a vehicle;

(c) a vehicle or combination of vehicles that is used exclusively to move a load, object or structure or to draw or carry a vehicle as described in clauses (a) and (b). 2000, c. 26, Sched. O, s. 6.

Permits, general or limited

(2) The permit referred to in subsection (1) may be general, or may limit the time and the particular highway that may be used, and may contain conditions relating to the protection of persons and property from injury or damage and the municipal corporation or other authority may require a bond or other security sufficient to cover the cost of repairing any possible damage to the highway. R.S.O. 1990, c. H.8, s. 110 (2).

Who may issue

(3) The council of any municipality may by by-law provide that a permit referred to in subsection (1) may be issued by an officer of the corporation named therein. R.S.O. 1990, c. H.8, s. 110 (3).

Issue of permit by Ministry

(4) In the case of a vehicle for which a permit is required under this section in order to pass over a highway or highways under the jurisdiction of two or more municipalities or other authorities, the permit so to do may be issued by the Ministry, which permit is instead of the several permits to be otherwise obtained from the municipal corporations or other authorities, and the permit may limit the time and the particular highway or highways that may be used, and may contain any special conditions or provisions that may be considered necessary to protect the highways from damage, and the Ministry may require a bond or other security sufficient to cover the cost of repairing possible damage to the highway. R.S.O. 1990, c. H.8, s. 110 (4).

Responsibility for damages caused to highway

(5) The owner, operator or mover of a heavy vehicle, load, object or structure in respect of which a permit is granted under this section is nevertheless responsible for all damages that may be caused to the highway by reason of the driving, operating or moving of any such heavy vehicle, load, object or structure. R.S.O. 1990, c. H.8, s. 110 (5).

Condition of permit

(6) It is a condition of every permit issued under this section that the original of the permit be carried in the vehicle for which the permit was issued and be produced when demanded by a police officer or an officer appointed for carrying out the provisions of this Act. R.S.O. 1990, c. H.8, s. 110 (6).

Penalty

(7) Every person who operates or permits the operation of a vehicle or combination of vehicles contrary to any of the conditions of the permit is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $20,000 and, in addition, if the condition contravened is in respect of any weight allowed under the permit, a fine shall be imposed as if the person had not been issued a permit under this section and had been convicted of an offence under section 116, 117 or 118 in respect of any gross vehicle weight, axle unit weight or axle group weight in excess of the maximum allowable weights permitted under this Act or the regulations. R.S.O. 1990, c. H.8, s. 110 (7); 1996, c. 20, s. 25.

Special permits to exceed dimension and weight limits

110.1 (1) For the purposes set out in subsection (2), the Registrar may, upon application in writing, issue a permit allowing the operation of a vehicle or combination of vehicles that does not comply with,

(a) one or more of the dimensional limits set out in section 109 or a regulation prescribing the configuration, weight and dimensions made for the purpose of subsection 109 (7.1), (8.1) or (10.2); or

(b) one or more of the weight limits set out in Part VIII or a regulation made under that Part. 2000, c. 26, Sched. O, s. 7.

Purposes for issuing special permits

(2) A permit may be issued under subsection (1),

(a) to harmonize the rules and limits with respect to configurations, weights and dimensions applicable to a class of vehicles or combination of vehicles with those of any other jurisdiction;

(b) to allow a trial of a vehicle or combination of vehicles;

(c) to allow a variance from a limit within a geographic area or along routes specified by the Registrar for the movement of a commodity or commodities;

(d) to allow the use of a vehicle or combination of vehicles for a purpose or in circumstances described in the regulations. 2000, c. 26, Sched. O, s. 7.

Classes of permit

(3) The Registrar may establish different classes of permits for different classes of vehicles or combinations of vehicles. 2000, c. 26, Sched. O, s. 7.

Eligibility for s. 110 permit

(4) The Registrar may refuse to issue a permit under subsection (1) if the vehicle or combination of vehicles is eligible to be considered for a permit under subsection 110 (1), whether or not the applicant has been refused a permit under that subsection. 2000, c. 26, Sched. O, s. 7.

Qualifications

(5) The Registrar may establish qualifications for applicants for a permit under subsection (1). 2000, c. 26, Sched. O, s. 7.

Limited number of permits

(6) The Registrar may limit the number of permits of any class, may adopt any reasonable scheme for allotting the permits within a class and may refuse to issue a permit because the maximum number of permits for the class has already been issued or in accordance with the terms of the allotment scheme. 2000, c. 26, Sched. O, s. 7.

Conditions

(7) The Registrar may attach conditions to a permit that he or she issues as he or she considers appropriate. 2000, c. 26, Sched. O, s. 7.

Onus

(8) The onus is on the applicant to establish that a permit should be granted and the Registrar may refuse any application unless he or she is satisfied that the permit should be granted. 2000, c. 26, Sched. O, s. 7.

Submissions and decision

(9) The Registrar shall consider an applicant’s submissions relating to the issuance of a permit and the conditions that attach to the permit, but shall not hold a hearing into the matter, and the Registrar’s decision is final. 2000, c. 26, Sched. O, s. 7.

Fees

(10) The Registrar may set fees for the issuance, renewal and replacement of permits issued under this section. 2000, c. 26, Sched. O, s. 7.

Same

(11) The Registrar may set different fees and different validity periods for different classes of vehicles, combinations of vehicles or persons and may exempt classes of vehicles, combinations of vehicles or persons from fees. 2000, c. 26, Sched. O, s. 7.

Carrying and production of special permit

110.2 (1) A driver of the vehicle or combination of vehicles in respect of which a permit is issued under section 110.1 shall carry the permit or a copy of it, as specified in the permit, in the vehicle or combination of vehicles and shall produce it on the demand of a police officer or other officer appointed for carrying out the provisions of this Act. 2000, c. 26, Sched. O, s. 7.

Effect of failure to produce permit

(2) If the permit or copy is not produced in response to a demand under subsection (1), the permit does not apply to the vehicle or combination of vehicles, and the vehicle or combination of vehicles is subject to the dimensional and weight limits that apply as if no permit had been issued. 2000, c. 26, Sched. O, s. 7.

Offences

(3) Every person who operates or permits the operation of a vehicle or combination of vehicles contrary to any of the conditions of the permit is guilty of an offence and on conviction,

(a) where no condition with respect to weight is breached, is liable to a fine of not less than $200 and not more than $20,000;

(b) where the only condition breached is one with respect to weight, is liable to any fine assessed in accordance with section 125; and

(c) where more than one condition is breached and one of the conditions breached is a condition with respect to weight, is liable to a fine of not less than $200 and not more than $20,000, in addition to any fine assessed in accordance with section 125. 2000, c. 26, Sched. O, s. 7.

Suspension, etc., of special permit

110.3 (1) The Registrar may suspend, refuse to renew, modify or cancel a permit issued under section 110.1 on the grounds of,

(a) breach of the conditions of the permit or of any other permit held by the holder under that section;

(b) false or incomplete information in the application for the permit or its renewal or for any other permit held by the holder under that section; or

(c) an outstanding fee in respect of the permit or any other permit held by the holder under that section, or an outstanding penalty or interest in respect of the fee. 2000, c. 26, Sched. O, s. 7.

Notice of proposed action

(2) Before taking an action under subsection (1), the Registrar shall notify the permit holder of the proposed action and give the holder an opportunity to make written submissions about the proposed action, and the holder has 15 days from actual or deemed receipt of the notice to make submissions. 2000, c. 26, Sched. O, s. 7.

Method of giving notice

(3) Notice under subsection (2) is sufficiently given if,

(a) it is delivered by mail addressed to the permit holder at the latest address for the person appearing on the records of the Ministry;

(b) it is sent by fax to the person at the latest fax number provided by the person to the Ministry; or

(c) it is sent by other means prescribed by the regulations. 2000, c. 26, Sched. O, s. 7.

Same

(4) Unless the person establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control, receive the notice,

(a) notice given by mail shall be deemed to have been received on the fifth day after it was mailed;

(b) notice given by fax shall be deemed to have been received on the first business day after it was sent; or

(c) notice given by a means prescribed by the regulations shall be deemed to have been received on the day prescribed by the regulations. 2000, c. 26, Sched. O, s. 7.

Submissions and decision

(5) The Registrar shall consider submissions, but shall not hold a hearing into the matter, and the Registrar’s decision is final. 2000, c. 26, Sched. O, s. 7.

Additional power of Registrar to suspend, etc., special permits

110.4 (1) In addition to taking action under subsection 110.3 (1) for a ground listed in that subsection, the Registrar may take action under that subsection with respect to all of the permits of a given class, where in his or her opinion,

(a) the action eliminates or reduces any threat to highway safety;

(b) the action eliminates or reduces any unreasonable wear or damage to the highways and the supporting infrastructure; or

(c) the original reason for granting permits of that class under subsection 110.1 (1) no longer exists or is not the same due to a change of circumstances. 2000, c. 26, Sched. O, s. 7.

Notice of proposed action

(2) Before taking an action under subsection (1), the Registrar shall notify each permit holder of the proposed action and shall give the holders an opportunity to make written submissions about the proposed action, and the holder has 15 days from actual or deemed receipt of the notice to make submissions. 2000, c. 26, Sched. O, s. 7.

Method of giving notice

(3) Notice under subsection (2) is sufficiently given if,

(a) it is delivered by mail addressed to the permit holder at the latest address for the person appearing on the records of the Ministry;

(b) it is sent by fax to the person at the latest fax number for the person provided by the person to the Ministry; or

(c) it is sent by other means prescribed by the regulations. 2000, c. 26, Sched. O, s. 7.

Same

(4) Unless the person establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control, receive the notice,

(a) notice given by mail shall be deemed to have been received on the fifth day after it was mailed;

(b) notice given by fax shall be deemed to have been received on the first business day after it was sent;

(c) notice given by a means prescribed by the regulations shall be deemed to have been received on the day prescribed by the regulations. 2000, c. 26, Sched. O, s. 7.

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Submissions and decision

(5) The Registrar shall consider submissions, but shall not hold a hearing into the matter, and the Registrar’s decision is final. 2000, c. 26, Sched. O, s. 7.

Loading vehicles

Overhanging load

111. (1) Every vehicle carrying a load which overhangs the rear of the vehicle to the extent of 1.5 metres or more while on a highway shall display upon the overhanging load at the extreme rear end thereof at any time from one-half hour before sunset to one-half hour after sunrise, or at any other time when there is insufficient light or unfavourable atmospheric conditions, a red light, and at all other times a red flag or a red marker sufficient to indicate the projection of the load. R.S.O. 1990, c. H.8, s. 111 (1).

Proper loading

(2) No person shall operate or permit to be operated upon a highway a motor vehicle that carries a load or draws a vehicle that carries a load unless the load is loaded, bound, secured, contained or covered so that no portion of the load may become dislodged or fall, leak, spill or blow from the vehicle. 2002, c. 18, Sched. P, s. 26.

Same, commercial motor vehicle

(2.1) No person shall operate or permit to be operated upon a highway a commercial motor vehicle that carries a load or draws a vehicle that carries a load unless the load is loaded, bound, secured, contained or covered in accordance with the regulations. 2002, c. 18, Sched. P, s. 26.

Inspections

(2.2) No person shall drive upon a highway a commercial motor vehicle that carries a load or a commercial motor vehicle that draws a vehicle carrying a load unless the prescribed inspections have been carried out. 2002, c. 18, Sched. P, s. 26.

Regulations

(3) The Lieutenant Governor in Council may make regulations,

(a) governing the manner of loading, binding, securing, containing or covering loads on commercial motor vehicles operated on highways;

(b) prescribing standards and specifications of equipment and material used to load, bind, secure, contain or cover loads on commercial motor vehicles;

(c) governing the inspection of,

(i) loads on commercial motor vehicles or on vehicles drawn by a commercial motor vehicle, and

(ii) equipment and material used to load, bind, secure, contain or cover loads on commercial motor vehicles or on vehicles drawn by a commercial motor vehicle;

(d) requiring operators and drivers of commercial motor vehicles to keep the documents and records that may be specified in the regulations and requiring the submission of those documents and records, upon request, to a police officer or officer appointed for carrying out the provisions of this Act;

(e) prescribing things, including the material used to load, bind, secure, contain or cover a load, that are part of a load for the purposes of this section;

(f) exempting any class of vehicle or person from this section or from any provision in a regulation made under this section. 2002, c. 18, Sched. P, s. 26.

Classes

(3.1) A regulation made under subsection (3) may designate classes of vehicles, highways or persons and may provide that the regulation applies or does not apply to a particular class or applies differently to different classes. 2002, c. 18, Sched. P, s. 26.

Exemptions

(3.2) The Registrar may exempt any person, vehicle or highway from any provision in the regulations, subject to any conditions that the Registrar considers appropriate. 2002, c. 18, Sched. P, s. 26.

Incorporation by reference

(3.3) A regulation under clause (3) (a), (b) or (c) that incorporates another document by reference may provide that the reference to the document includes amendments made to the document from time to time after the regulation is made. 2002, c. 18, Sched. P, s. 26.

Penalty

(4) Every person who contravenes this section or a regulation made under subsection (3) is guilty of an offence and on conviction is liable to a fine of not less than $100 and not more than $200 and, in addition, his or her driver’s licence issued under section 32 and the person’s permit issued under section 7 may be suspended for a period of not more than sixty days. R.S.O. 1990, c. H.8, s. 111 (4).

Same – commercial motor vehicle

(5) Despite subsection (4), every person who contravenes this section or a regulation made under subsection (3) is guilty of an offence and, if the offence was committed by means of a commercial motor vehicle within the meaning of subsection 16 (1), on conviction is liable to a fine of not less than $200 and not more than $20,000 and, in addition, his or her driver’s licence issued under section 32 and permit issued under section 7 may be suspended for a period of not more than 60 days. 1996, c. 20, s. 26.

Regulations, carriage of explosives, etc.

112. (1) The Lieutenant Governor in Council may make regulations,

(a) classifying and defining explosives and dangerous materials;

(b) regulating or prohibiting the transportation of explosives and dangerous materials or any class thereof by a vehicle on a highway;

(c) regulating the preparation and packaging of explosives and dangerous materials or any class thereof to be transported by a vehicle on a highway;

(d) requiring the labelling of packages and containers of explosives and dangerous materials or any class thereof and prescribing the labels to be attached to such packages and containers. R.S.O. 1990, c. H.8, s. 112 (1).

Code, etc., may be adopted by reference

(2) Any regulation made under subsection (1) may adopt by reference, in whole or in part, with the changes that the Lieutenant Governor in Council considers necessary, any code or standard, or any regulation made by the Government of Canada, and may require compliance with any code, standard or regulation that is so adopted. R.S.O. 1990, c. H.8, s. 112 (2).

Penalty

(3) Every person who contravenes a regulation made under this section is guilty of an offence and on conviction is liable to a fine of not less than $100 and not more than $500 or to imprisonment for a term of not more than three months, or to both. R.S.O. 1990, c. H.8, s. 112 (3).

Farm vehicles

Over-dimensional farm vehicles exempt

113. (1) This Part, other than regulations made under this section, does not apply to over-dimensional farm vehicles. R.S.O. 1990, c. H.8, s. 113 (1).

Regulations

(2) The Lieutenant Governor in Council may make regulations,

(a) regulating or prohibiting the movement of over-dimensional farm vehicles or classes thereof on a highway or on classes of highways;

(b) requiring that escort vehicles or classes of escort vehicles accompany over-dimensional farm vehicles or classes thereof on a highway or classes of highways;

(c) prescribing the types, specifications and locations of markings, signs and lights that shall be carried by over-dimensional farm vehicles and escort vehicles or classes of either or both of them on a highway or classes of highways;

(d) prescribing conditions for the movement of over-dimensional farm vehicles on a highway or classes of highways relating to the protection of persons and property from injury or damage. R.S.O. 1990, c. H.8, s. 113 (2).

PART VIII
$ V/ t3 K. i% j+ v: jWEIGHT

Interpretation, Part VIII

114. (1) In this Part,

“axle” means an assembly of two or more wheels whose centres are in one transverse vertical plane and which are transmitting weight to the highway; (“essieu”)

“axle group weight” means that part of the gross vehicle weight in kilograms transmitted to the highway by a two axle group, three axle group or four axle group; (“poids d’un ensemble d’essieux”)

“axle unit” means any single axle, dual axle or triple axle; (“unité d’essieu”)

“axle unit weight” means that part of the gross vehicle weight in kilograms transmitted to the highway by an axle unit; (“poids d’unité d’essieu”)

“Class A Highway” means a highway designated as such by the Minister; (“route de catégorie A”)

“Class B Highway” means a highway not designated by the Minister as a Class A Highway; (“route de catégorie B”)

“dual axle” means any two consecutive axles whose centres are more than one metre apart and that,

(a) are articulated from a common attachment to the vehicle, or

(b) are designed to automatically equalize the load between the two axles; (“essieu double”)

“four axle group” means four consecutive axles, not including the front axle of a motor vehicle,

(a) that are entirely within either a motor vehicle or trailer or semi-trailer, and

(b) in which the spacings between the consecutive axles do not exceed 2.5 metres; (“ensemble de quatre essieux”)

“front axle” means the front axle unit of a motor vehicle; (“essieu avant”)

“gross vehicle weight” means the total weight in kilograms transmitted to the highway by a vehicle, or combination of vehicles, and load; (“poids brut du véhicule”)

“liftable axle” means an assembly of two or more wheels whose centres are in one transverse vertical plane that is equipped with a device for altering (other than by longitudinal movement of the assembly only) the weight transmitted to the highway surface and that may be able to lift its tires from contact with that surface; (“essieu relevable”)

“over-dimensional farm vehicles” means the same as it does in Part VII; (“véhicule agricole de dimensions excessives”)

“semi-trailer” means the same as it does in Part VII; (“semi-remorque”)

“single axle” means one or more axles whose centres are included between two parallel transverse vertical planes one metre apart; (“essieu simple”)

“tank-truck” means a commercial motor vehicle to which there is attached or upon which there has been placed either permanently or otherwise a closed tank having a capacity of 2.3 kilolitres or more; (“camion-citerne”)

“three axle group” means three consecutive axles, not including the front axle of a motor vehicle,

(a) that do not form a triple axle within the meaning of the definition of “triple axle”,

(b) that are entirely within either a motor vehicle or trailer or semi-trailer,

(c) in which the spacings between the consecutive axles do not exceed 2.5 metres, and

(d) which are not included in a four axle group within the meaning of the definition of “four axle group”; (“ensemble de trois essieux”)

“triple axle” means any three consecutive axles that,

(a) have their consecutive centres equally spaced, and

(b) have their consecutive centres more than one metre apart,

and that,

(c) are articulated from an attachment to the vehicle common to the consecutive axles, or

(d) are designed to automatically equalize the load between the three axles under all conditions of loading; (“essieu triple”)

“two axle group” means two consecutive single axles, not including the front axle of a motor vehicle,

(a) that are entirely within either a motor vehicle or trailer or semi-trailer,

(b) in which the spacing between the consecutive axles is less than two metres, and

(c) which are not included in a three axle group within the meaning of the definition of “three axle group” or a four axle group within the meaning of the definition of “four axle group”. (“ensemble de deux essieux”) R.S.O. 1990, c. H.8, s. 114 (1); 2000, c. 26, Sched. O, s. 8.

Designation by Minister

(2) The Minister may designate a highway as a Class A Highway. R.S.O. 1990, c. H.8, s. 114 (2).

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Application of Part

(3) This Part does not apply to over-dimensional farm vehicles or to motor vehicles or to road-building machines operated by or on behalf of a municipality or other authority having jurisdiction over highways when the vehicle or machine is equipped with a snow clearing device. R.S.O. 1990, c. H.8, s. 114 (3).

Consecutive axles

(4) Where three consecutive axles that are articulated from an attachment to the vehicle common to the consecutive axles are not a triple axle within the meaning of the definition of “triple axle” because their consecutive centres are not equally spaced, that one of the three consecutive axles that is most remote from the centre axle of the consecutive axles shall be deemed to be a single axle and the other two axles shall be deemed to be a dual axle. R.S.O. 1990, c. H.8, s. 114 (4).

Idem

(5) Where three consecutive axles that are not articulated from an attachment to the vehicle common to the consecutive axles are not a triple axle within the meaning of the definition of “triple axle” because their consecutive centres are not equally spaced, any two of the axles that are articulated from an attachment to the vehicle common to the two axles shall be deemed to be a dual axle and the third of the three axles shall be deemed to be a single axle. R.S.O. 1990, c. H.8, s. 114 (5).

Spacing between axles

(6) The spacing between axles is the shortest distance between the centre of rotation of one axle and the centre of rotation of the other. R.S.O. 1990, c. H.8, s. 114 (6).

Axle spacing distance

(7) For the purposes of Tables 1 and 2, the axle spacing is the distance measured between the outer axles forming an axle unit. R.S.O. 1990, c. H.8, s. 114 (7).

Idem

(8) For the purposes of Tables 3, 4 and 5, the axle group spacing is the distance measured between the outer axles forming a two axle group, three axle group or four axle group. R.S.O. 1990, c. H.8, s. 114 (8).

Restrictions as to weight on tires

115. (1) Subject to section 110, no vehicle,

(a) equipped with tires of less than 150 millimetres in width where the weight upon any millimetre in the width of the tire exceeds nine kilograms; or

(b) equipped with tires of 150 millimetres or more in width where the weight upon any millimetre in the width of the tire exceeds eleven kilograms,

shall be operated on a highway. R.S.O. 1990, c. H.8, s. 115 (1).

How tire width ascertained

(2) For the purpose of this section, where a tire width has been marked thereon by the manufacturer, the width of the tire shall be deemed to be as so marked. R.S.O. 1990, c. H.8, s. 115 (2).

Maximum allowable axle unit weights

116. (1) Subject to section 110, no vehicle or combination of vehicles shall be operated on a Class A Highway where the axle unit weight on an axle unit, whether or not part of any axle group, exceeds,

(a) for a single axle with single tires, 9,000 kilograms;

(b) for a single axle with dual tires, 10,000 kilograms;

(c) for a dual axle, that weight shown in Column 2 opposite the corresponding axle spacing shown in Column 1 of Table 1; or

(d) for a triple axle, that weight shown in Column 2 opposite the corresponding axle spacing shown in Column 1 of Table 2. R.S.O. 1990, c. H.8, s. 116 (1); 2000, c. 26, Sched. O, s. 9 (1).

Other weights set by regulation

(1.1) The Lieutenant Governor in Council may make regulations prescribing axle unit weight limits other than those specified or referred to in subsection (1) for any prescribed axle unit on any prescribed class or classes of vehicle or combination of vehicles and, for that purpose, prescribing axle units and classes of vehicles and combinations of vehicles. 2000, c. 26, Sched. O, s. 9 (2).

Where weights set by regulation apply

(1.2) An axle unit weight limit prescribed under subsection (1.1) applies instead of the weights specified or referred to in subsection (1) for a prescribed axle unit on a vehicle or combination of vehicles in a class prescribed under subsection (1.1). 2000, c. 26, Sched. O, s. 9 (2).

Restriction of weights allowed under subs. (1)

(2) Despite subsection (1), the maximum allowable axle unit weight for a dual axle shall not exceed 18,000 kilograms unless the axle is equipped with dual tires. R.S.O. 1990, c. H.8, s. 116 (2).

Idem

(3) Despite subsection (1), the maximum allowable axle unit weight for a triple axle shall not exceed 27,000 kilograms unless the axle is equipped with dual tires. R.S.O. 1990, c. H.8, s. 116 (3).

Idem

(4) Despite subsection (1), the maximum allowable axle unit weight for a single front axle shall not exceed 5,000 kilograms unless the driver of a vehicle or combination of vehicles has with him or her a verification in writing as to the manufacturer’s gross axle weight rating for such single front axle. R.S.O. 1990, c. H.8, s. 116 (4).

Production of verification

(5) The driver of a vehicle or combination of vehicles being operated on a Class A Highway who has the verification referred to in subsection (4) shall produce it when so demanded by a police officer or an officer appointed for carrying out the provisions of this Act, and, where it is so demanded and not produced, the driver shall be deemed to not have the verification. R.S.O. 1990, c. H.8, s. 116 (5).

Maximum allowable axle unit weight

(6) Where subsection (4) does not apply because the driver has the verification referred to in subsection (4), then subject to subsection (1), the maximum allowable axle unit weight on the single front axle shall not exceed the manufacturer’s gross axle weight rating. R.S.O. 1990, c. H.8, s. 116 (6).

Maximum allowable axle group weights

117. (1) Subject to section 110, no vehicle or combination of vehicles shall be operated on a Class A Highway where any axle group weight exceeds,

(a) for a two axle group, that weight shown in Column 2 opposite the corresponding axle group spacing shown in Column 1 of Table 3;

(b) for a three axle group, that weight shown in Column 2 opposite the corresponding axle group spacing shown in Column 1 of Table 4; or

(c) for a four axle group, that weight shown in Column 2 opposite the corresponding axle group spacing shown in Column 1 of Table 5. R.S.O. 1990, c. H.8, s. 117; 2000, c. 26, Sched. O, s. 10 (1).

Other weights set by regulation

(2) The Lieutenant Governor in Council may make regulations prescribing axle group weight limits other than those specified or referred to in subsection (1) for any prescribed axle group on any prescribed class or classes of vehicle or combination of vehicles and, for that purpose, prescribing axle groups and classes of vehicles and combinations of vehicles. 2000, c. 26, Sched. O, s. 10 (2).

Where weights set by regulation apply

(3) An axle group weight limit prescribed under subsection (2) applies instead of the weights specified or referred to in subsection (1) for a prescribed axle group on a vehicle or combination of vehicles in a class prescribed under subsection (2). 2000, c. 26, Sched. O, s. 10 (2).

Maximum allowable gross vehicle weights

118. (1) Subject to section 110, no vehicle or combination of vehicles shall be operated on a Class A Highway where the gross vehicle weight exceeds,

(a) the axle unit weight on the front axle, not exceeding the maximum weight permitted on the axle under section 116, plus the sum of the maximum allowable weights for all other axle units of the vehicle or combination of vehicles as set out in section 116;

(b) the axle unit weight on the front axle, not exceeding the maximum weight permitted on the axle under section 116, plus the sum of the maximum allowable weights for any two axle groups, three axle groups or four axle groups, or any combination thereof, as set out in section 117, plus the maximum allowable weight for any axle unit or units excluding the front axle and excluding any axle unit or units which are part of an axle group, as set out in section 116; or

(c) that weight prescribed in the regulations. R.S.O. 1990, c. H.8, s. 118; 2000, c. 26, Sched. O, s. 11 (1).

Interpretation

(2) Where subsection (1) refers to a weight under or set out in section 116 or 117, the reference includes a weight specified by regulation under subsection 116 (1.1) or 117 (2). 2000, c. 26, Sched. O, s. 11 (2).

Raw forest products allowance during freeze-up

119. (1) Despite sections 116, 117, 118 and subsection 121 (1), during freeze-up the maximum allowable gross vehicle weight for a vehicle or combination of vehicles, while used exclusively for the transportation of raw forest products, shall be 110 per cent of that weight for which a permit has been issued for the vehicle or combination of vehicles in accordance with section 7, provided no axle unit weight, axle group weight or gross vehicle weight exceeds by more than 10 per cent that weight prescribed in this Act or the regulations for such vehicle or combination of vehicles. R.S.O. 1990, c. H.8, s. 119 (1).

Designation of freeze-up

(2) For the purposes of this section, an official of the Ministry authorized by the Minister in writing may designate the date on which a freeze-up shall commence and the date on which a freeze-up shall terminate and the part of the Province to which the designation shall apply. R.S.O. 1990, c. H.8, s. 119 (2).

Legislation Act, 2006, Part III

(3) A designation under subsection (2) is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006. R.S.O. 1990, c. H.8, s. 119 (3); 2006, c. 21, Sched. F, s. 136 (1).

Prohibition

(4) No vehicle or combination of vehicles having a weight in excess of that authorized in subsection (1) shall be operated on a highway. R.S.O. 1990, c. H.8, s. 119 (4).

Prohibition re operation on Class B Highway

120. Subject to section 110, no vehicle or combination of vehicles shall be operated on a Class B Highway where the weight upon one axle exceeds 8,200 kilograms, or, if the axles are spaced less than 2.4 metres apart, where the weight upon one axle exceeds 5,500 kilograms. R.S.O. 1990, c. H.8, s. 120.

Operating within permitted weight

121. (1) No vehicle or combination of vehicles having a permit issued in accordance with section 7 of this Act, the fee for which is based upon gross vehicle weight, shall be operated on any highway where the gross vehicle weight exceeds that for which the permit was issued. R.S.O. 1990, c. H.8, s. 121 (1); 1996, c. 9, s. 26.

Exception to subs. (1)

(2) Despite subsection (1) and subject to sections 116, 117 and 118, where a conversion unit is used to convert a two axle tractor into a three axle tractor and the fee prescribed in the regulations in respect of the conversion unit is paid, the vehicle or combination of vehicles to which the conversion unit is attached may operate on a highway at a maximum gross vehicle weight of 7,000 kilograms in excess of the gross vehicle weight for which a permit was issued for the vehicle or combination of vehicles in accordance with section 7 and the Ministry shall issue a receipt for the fee so prescribed and paid. R.S.O. 1990, c. H.8, s. 121 (2).

Receipt re excess weight payment to be carried

(3) The receipt issued by the Ministry in accordance with subsection (2) shall, whenever a vehicle is on a highway with the conversion unit referred to in subsection (2) attached, be carried by the driver of the vehicle or placed in some readily accessible position in the vehicle and shall be surrendered when demanded by a police officer or an officer appointed for carrying out the provisions of this Act. R.S.O. 1990, c. H.8, s. 121 (3); 2002, c. 18, Sched. P, s. 27.

Penalty

(4) Every person who contravenes subsection (1) is guilty of an offence and on conviction is liable to a fine as if the person had been convicted under section 125 and the Registrar may suspend the permit issued under section 7 for the vehicle or vehicles involved, and the suspension shall continue until a new permit at the maximum gross vehicle weight allowable has been issued for the vehicle or vehicles and the fee therefor has been paid. R.S.O. 1990, c. H.8, s. 121 (4).

Reduced load periods

122. (1) Subject to section 110, during a reduced load period no commercial motor vehicle or trailer, other than a public vehicle or a vehicle referred to in subsection (2), shall be operated or drawn upon any designated highway where the weight upon an axle exceeds 5,000 kilograms. R.S.O. 1990, c. H.8, s. 122 (1).

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