Ontario – Administrative Impoundments Expanded Today

Update: see previous posts December 1, 2010 Huge Fine Increases begin Today, November 25, 2010 Ontario – Laws & Consequences Surrounding Impaired Driving, November 8, 2010 Ontario expands Vehicle Impoundment and Increases Penalties – HTA (Dec.1/10), July 26, 2010 Novice/Young Driver’s in Ontario Can No Longer Drink & Drive (Aug.1/10), December 10, 2009 Increased Fines & Penalties in New Year, June 24, 2009 Bill 126, Road Safety Act, 2009

The McGuinty Government has made some considerable changes to the Highway Traffic Act, under Bill 126 (Ontario Road Safety Act) which comes into effect today.

Commencing today, police have the ability under to impose an administrative  on road impoundment (7 day impoundment, unless if is for a criminal charge of impaired driving and the impoundment would be for 45 days) of motor vehicles (that the operator of the motor vehicle is driving, whether it is rented or borrowed) for the following:

Alcholol Related Offences:

  • If the driver has a blood alcohol concentration (BAC) level over 0.08
  • Operator of motor vehicle refuses to provide a breath sample via a breathlyzer test when requested to do so
  • Operator does not have a “ignition interlock device” installed on vehicle as per court order
  • Suspension of Driver’s Licence, as a result of:

  • The operator of the motor vehice has accumulated an excessive number of demerit points on driver’s licence
  • Operator of motor vehicle has not met their legal/moral obligation to pay child support and their licence has been suspended by the FRO
  • Street/stunt driving
  • Gradulated licensing system violations
  • Careless driving
  • Driving with a blood alcohol concentration (BAC) in the “warn-range”

  • The McGuinty Government has made some considerable changes to the Highway Traffic Act, under Bill 126 (Ontario Road Safety Act) which comes into effect today.

    Some of the highlights of these changes are:

    Permanently Increased Penalties

    (the permanent penalties cited below, do not include the victim fine surcharges or court costs, which is added on top of the fine and increases the total payable amount):

  • seat belt charges now carry a minimum fine of $200.00
  • careless driving charges now carry a minimum fine of $400.00
  • proceeding through a red light charge, carries a minimum fine of $200.00 (under sections 144 & 146 of the Highway Traffic Act “HTA”)
  • failing to remain, to return or to assist charges (under section 200 of the HTA), now carry a minimum fine of $400.00
  • On a $200 fine or a $400 fine (on any fine), you would have to add the victim fine surcharge (vfs) and the court cost:
    Example $200 fine + $35.00 vfs + $5.00 court cost = $240.00 Total Payable
    Example $400 fine + $85.00 vfs + $5.00 court cost = $490.00 Total Payable

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