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Newfoundland and Labrador
Regulation 2017


NEWFOUNDLAND AND LABRADOR REGULATION 79/17

NEWFOUNDLAND AND LABRADOR
REGULATION 79/17

Vehicle Seizure and Impoundment Regulations, 2012 (Amendment)
under the
Highway Traffic Act
(O.C. 2017- 274)

(Filed August 24, 2017)

Under the authority of section 186 of the Highway Traffic Act, the Lieutenant-Governor in Council makes the following regulations.

Dated at St. John’s, August 24, 2017.

Krista Quinlan
Deputy Clerk of the Executive Council (Acting)

REGULATIONS

Analysis


        1.   S.2 Amdt.
Interpretation

        2.   S.3 Amdt.
Application

        3.   S.6.1 Added
At or over prohibited proportion or failure or refusal to provide sample

        4.   S.7 R&S
Stolen vehicles

        5.   S.9 Amdt.
Duties of peace officer

        6.   S.17 Amdt.
Application for early release by owner

        7.   S.18 Amdt.
Decision of registrar

        8.   Commencement


NLR 62/12

        1. (1) Subsection 2(1) of the Vehicle Seizure and Impoundment Regulations, 2012 is amended by deleting the period at the end of paragraph (c) and substituting a semi-colon and the word "and", and by adding immediately after that paragraph the following:

             (d)  "prohibited proportion" means that on analysis by a peace officer of a sample of a person's breath or blood by an approved screening device or approved instrument as those terms are defined in section 254 of the Criminal Code, the proportion of alcohol in the person's blood is

                      (i)  50 milligrams or more of alcohol in 100 millilitres of blood where the person is 22 years of age or older and not a novice driver, or

                     (ii)  greater than 0 milligrams of alcohol in 100 millilitres of blood where the person is under 22 years of age or a novice driver.

             (2)  Subsection 2(2) of the regulations is amended by deleting the word "and" at the end of paragraph (b), deleting the period at the end of paragraph (c) and substituting a semi-colon and the word "and", and by adding immediately after that paragraph the following:

             (d)  for a vehicle impounded under section 6.1, the applicable period set out in that section.

 

        2. Section 3 of the regulations is amended by deleting the word "and" at the end of paragraph (b), deleting the period at the end of paragraph (c) and substituting a semi-colon and the word "and", and by adding immediately after that paragraph the following:

             (d)  section 6.1.

 

        3. The regulations are amended by adding immediately after section 6 the following:

At or over prohibited proportion or failure or refusal to provide sample

      6.1 (1) A peace officer shall seize a motor vehicle and impound it where

             (a)  the proportion of alcohol in the blood of the driver operating the vehicle or the person who has care or control of the vehicle meets or exceeds the prohibited proportion; or

             (b)  the driver operating the vehicle or the person who has care or control of the vehicle fails or refuses to comply with a demand made under section 254 of the Criminal Code.

             (2)  A motor vehicle impounded under subsection (1) shall be held for a period of 7 days where the driver operating the vehicle or the person who has care or control of the vehicle is

             (a)  22 years of age or older and not a novice driver and the proportion of alcohol in his or her blood is 50 milligrams of alcohol or more but less than 80 milligrams of alcohol in 100 millilitres of blood; or

             (b)  less than 22 years of age or a novice driver and the proportion of alcohol in his or her blood is greater than 0 milligrams of alcohol but less than 80 milligrams of alcohol in 100 millilitres of blood,

after which period the vehicle may be released in accordance with subsection 19(1).

             (3)  A motor vehicle impounded under subsection (1) shall be held for a period of 30 days where

             (a)  the proportion of alcohol in the blood of the driver operating the vehicle or the person who has care or control of the vehicle is 80 milligrams of alcohol or more in 100 millilitres of blood; or

             (b)  the driver operating the vehicle or the person who has care or control of the vehicle fails or refuses to comply with a demand made under section 254 of the Criminal Code,

after which period the vehicle may be released in accordance with subsection 19(1).

 

        4. Section 7 of the regulations is repealed and the following substituted:

Stolen vehicles

        7. If, at any time before a review or hearing is conducted under these regulations, a peace officer is satisfied that a motor vehicle seized under section 5 or 6.1 had been stolen, the officer may, subject to the approval of the registrar, release the vehicle to the owner, or a person authorized by the owner to take possession of it.

 

        5. Subsection 9(3) of the regulations is repealed and the following substituted:

             (3)  Where a vehicle has been seized and impounded under section 5 or 6.1, the notice of impoundment for that vehicle shall contain a statement of the right to apply to the registrar for the release of the motor vehicle under section 17 of these regulations and instructions on applying for a review.

 

        6. (1) Section 17 of the regulations is amended by adding immediately after subsection (2) the following:

         (2.1)  Where the owner of a motor vehicle impounded under section 6.1 was not the driver or person who had care or control at the time the vehicle was seized, the owner may before the expiry of the impoundment period apply to the registrar for the release of the vehicle on the grounds that

             (a)  the driver or person who had care or control of the motor vehicle was in possession of the motor vehicle without the knowledge or consent of the owner; or

             (b)  the continued impoundment of the motor vehicle will

                      (i)  cause the owner to suffer a loss or curtailment of employment or educational opportunities, or

                     (ii)  prevent the owner, or someone under the care of the owner, from obtaining medical treatment.

         (2.2)  Where the owner of a motor vehicle impounded under section 6.1 was the driver or person who had care or control at the time the vehicle was seized, he or she may before the expiry of the impoundment period apply to the registrar for the release of the vehicle on the grounds that the continued impoundment of the motor vehicle will

             (a)  cause the owner to suffer a loss or curtailment of employment or educational opportunities; or

             (b)  prevent the owner, or someone under the care of the owner, from obtaining medical treatment.

             (2)  Subsection 17(6) of the regulations is repealed and the following substituted:

             (6)  Where an application is made under subsections (1), (2), (2.1) or (2.2.), the registrar shall consider the report of the peace officer respecting the seizure of the motor vehicle and may consider

             (a)  the driving record maintained by the registrar of

                      (i)  the person named as the driver or the person in care or control of the motor vehicle in the report of the peace officer,

                     (ii)  the person named as the driver or the person in care or control of the motor vehicle in the application for release by the owner, if that person is not the person referred to in subparagraph (i), or

                    (iii)  the applicant; and

             (b)  records maintained by the registrar respecting a previous seizure and impoundment under these regulations of a motor vehicle registered in the name of, or owned by, the applicant.

 

        7. Subsection 18(2) of the regulations is repealed and the following substituted:

             (2)  Where, after considering an application for release under section 17 the registrar is satisfied that the motor vehicle should be released before the impoundment period expires for the reason set out in paragraph 17(1)(b), (c) or (d), 17(2)(b), 17(2.1)(a) or (b) or subsection 17(2.2), the registrar shall

             (a)  direct that the garage operator with custody of the motor vehicle release the motor vehicle to the owner or a person authorized by the owner; and

             (b)  where the reason for releasing the motor vehicle is set out in paragraphs 17(1)(b) or (c), 17(2)(b) or 17(2.1)(a), refund the application fee.

Commencement

        8. These regulations come into force on the day An Act to Amend the Highway Traffic Act No. 5, SNL2017 c4, comes into force.