Bill 203

The complete Bill is very lengthy, what we have printed here is the part of 
interest to the automotive enthusiast.  We have highlighted the particularly 
onerous parts, and written our concerns.

 
-   What qualifies as a "stunt?"  This wording leaves a lot of leeway regarding enforcement.  Click here.

If a police officer "believes" a car has been driven while performing a "stunt", it can be impunded?  Click here.

Can the vehicle be impounded from a parking lot?  Private property?

A police officer can impund a vehicle "believed" to have "stunted" and there is no appeal?  What ever happened to innocent until proven quilty?

Is the ban on Nitrous the first step to further prohibitions of performance equipment in the supposed belief that this will improve road safety?

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 driverís 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 driverís 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 driverís 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 driverís 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 personís driverís 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, driverís 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.


 
 
 
 
 

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