NEWFOUNDLAND AND LABRADOR REGULATION 36/18

NLR 62/12
as amended

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

(c.1) for a vehicle impounded under section 5.1, a period of 3 days; and

2. Section 3 of the regulations is amended by deleting the word "and" at the end of paragraph (c) and by adding immediately after that paragraph the following:

(c.1) section 5.1; and

3. The regulations are amended by adding immediately after section 5 the following:

Excessive speeding, racing or performing stunts

5.1 (1) Subject to section 6, a peace officer may seize a motor vehicle and impound it where the officer has reasonable grounds to believe that a person who was operating the vehicle contravened paragraph 110(3)(e), 110.1(4)(e), 110.2(4)(e), subsection 168(1) or 168.1(1) of the Act.

(2) A motor vehicle impounded under subsection (1) shall be held for a period of 3 days from the date of seizure, after which period the vehicle may be released in accordance with subsection 19(1).

4. Subsection 6(1) of the regulations is repealed and the following substituted:

Delay of seizure

6. (1) Where a peace officer is satisfied that the seizure and impoundment of a motor vehicle under section 5 or 5.1 would jeopardize the safety of, or cause undue hardship to, a person, or is, in the opinion of the officer, not practicable in the circumstances the peace officer may delay taking custody of the motor vehicle, in which case the peace officer may permit the motor vehicle to be driven to a location specified by the peace officer.

5. Section 7 of the regulations is repealed and the following substituted: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, 5.1 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.

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 Subsection 9(3) of the regulations is repealed and the following substituted:

(3) Where a vehicle has been seized and impounded under section 5, 5.1 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.

7. Subsections 17(2.1) and (2.2) of the regulations are repealed and the following substituted:

(2.1) Where the owner of a motor vehicle impounded under section 5.1 or 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 5.1 or 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.

Commencement

8. These regulations come into force on June 7, 2018.