172. (1) No
person shall drive a motor vehicle on a highway in a race or contest, while
performing a stunt or on a bet or wager.
Offence
(2) Every person who
contravenes subsection (1) is guilty of an offence and on conviction is
liable to a fine of not less than $2,000 and not more than $10,000 or to
imprisonment for a term of not more than six months, or to both, and in
addition his or her driver’s licence may be suspended,
(a) on a first conviction
under this section, for not more than two years; or
(b) on a subsequent conviction
under this section, for not more than 10 years.
Determining subsequent conviction
(3) In determining whether
a conviction is a subsequent conviction for the purposes of subsection
(2), the only question to be considered is the sequence of convictions
and no consideration shall be given to the sequence of commission of offences
or whether any offence occurred before or after any conviction.
10-year limitation
(4) A conviction that
is more than 10 years after the previous conviction is deemed to be a first
conviction for the purpose of subsection (2).
Police to require surrender of licence,
detention of vehicle
(5) Where
a police officer believes on reasonable and probable grounds that a person
is driving, or has driven, a motor vehicle on a highway in contravention
of subsection (1), the officer shall,
(a) request that the person
surrender his or her driver’s licence; and
(b) detain the motor vehicle
that was being driven by the person until it is impounded under clause
(7) (b).
Administrative seven-day licence suspension
(6) Upon a request being
made under clause (5) (a), the person to whom the request is made shall
forthwith surrender his or her driver’s licence to the police officer and,
whether or not the person is unable or fails to surrender the licence to
the police officer, his or her driver’s licence is suspended for a period
of seven days from the time the request is made.
Administrative seven-day vehicle impoundment
(7) Upon a motor vehicle
being detained under clause (5) (b), the motor vehicle shall, at the cost
of and risk to its owner,
(a) be removed to an impound
facility as directed by a police officer; and
(b) be impounded for seven
days from the time it was detained under clause (5) (b).
Release of vehicle
(8) Subject to subsection
(15), the motor vehicle shall be released to its owner from the impound
facility upon the expiry of the period of impoundment.
Early release of vehicle
(9) Despite the detention
or impoundment of a motor vehicle under this section, a police officer
may release the motor vehicle to its owner before it is impounded under
subsection (7) or, subject to subsection (15), may direct the operator
of the impound facility where the motor vehicle is impounded to release
the motor vehicle to its owner before the expiry of the seven days if the
officer is satisfied that the motor vehicle was stolen at the time that
it was driven on a highway in contravention of subsection (1).
Duty of officer re licence suspension
(10) Every officer who
asks for the surrender of a person’s driver’s licence under this section
shall keep a record of the licence received with the name and address of
the person and the date and time of the suspension and shall, as soon as
practicable after receiving the licence, provide the person with a notice
of suspension showing the time from which the suspension takes effect and
the period of time for which the licence is suspended.
Duty of officer re impoundment
(11) Every officer who
detains a motor vehicle under this section shall prepare a notice identifying
the motor vehicle that is to be impounded under subsection (7), the name
and address of the driver and the date and time of the impoundment and
shall, as soon as practicable after the impoundment of the motor vehicle,
provide the driver with a copy of the notice showing the time from which
the impoundment takes effect, the period of time for which the motor vehicle
is impounded and the place where the vehicle may be recovered.
Same
(12) A police officer
shall provide a copy of the notice prepared under subsection (11) to the
owner of the motor vehicle by delivering it personally or by mail to the
address of the owner shown on the permit for the motor vehicle or to the
latest address for the owner appearing on the records of the Ministry.
No appeal or hearing
(13)
There is no appeal from, or right to be heard before, a vehicle detention,
driver’s licence suspension or vehicle impoundment under subsection (5),
(6) or (7), but this subsection does not affect the taking of any proceeding
in court.
172.1
(1) No person shall drive or permit
to be driven on a highway a motor vehicle manufactured or modified after
its manufacture such that nitrous oxide may be delivered into the fuel
mixture unless,
(a)
the part of the fuel system that may connect to a canister, bottle, tank
or pressure vessel capable of containing nitrous oxide can be clearly seen
by looking at the interior or exterior of the motor vehicle;
(b)
there is no canister, bottle, tank or pressure vessel connected to that
part; and
(c)
if the part of the fuel system that may connect to a canister, bottle,
tank or pressure vessel capable of containing nitrous oxide is located
inside the passenger compartment, there is no canister, bottle, tank or
pressure vessel capable of containing nitrous oxide in the passenger compartment. |