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Where transfer of ownership or end of lease 11. (1) Upon the holder of a permit ceasing to be the owner or lessee of the motor vehicle or trailer referred to in the permit, he, she or it shall, (a) remove his, her or its number plates from the vehicle; (b) retain the plate portion of the permit; and (c) on delivery of the vehicle, (i) to the new owner, complete and sign the transfer application of the vehicle portion of the permit including the date of the delivery and give that portion of the permit to the new owner, or (ii) to a lessor, give the vehicle portion of the permit to the lessor. R.S.O. 1990, c. H.8, s. 11 (1). Re-issue of permit (2) Every person shall, within six days after becoming the owner of a motor vehicle or trailer for which a permit has been issued, apply to the Ministry, on the form provided therefor, for a new permit for the vehicle. R.S.O. 1990, c. H.8, s. 11 (2). Temporary use of plates (3) Despite section 12, a person to whom number plates have been issued under subsection 7 (7) for a vehicle the person no longer owns or leases may affix the number plates to a similar class of vehicle that the person owns or leases where it is done in accordance with the prescribed requirements. R.S.O. 1990, c. H.8, s. 11 (3). Idem (4) Despite section 7 and clauses 12 (1) (d) and (e), a person may drive a motor vehicle or draw a trailer on a highway within six days after becoming the owner of the motor vehicle or trailer where the person complies with the prescribed requirements. R.S.O. 1990, c. H.8, s. 11 (4). Note: On a day to be named by proclamation of the Lieutenant Governor, section 11 is amended by the Statutes of Ontario, 1999, chapter 12, Schedule R, section 4 by adding the following subsection: Regulations (5) The Lieutenant Governor in Council may make regulations, (a) permitting the application to the Ministry under subsection (2) by electronic means, instead of on the provided form; (b) prescribing classes of persons that may apply by electronic means and the circumstances in which they may do so. 1999, c. 12, Sched. R, s. 4. See: 1999, c. 12, Sched. R, ss. 4, 21. Used vehicle information package 11.1 (1) Every person who sells, offers for sale or transfers a used motor vehicle shall provide a valid used vehicle information package in respect of the vehicle for inspection by proposed purchasers or transferees and shall deliver the package to the purchaser or transferee at the time of sale or transfer of the vehicle. 1993, c. 13, s. 1. Issuance of package (2) The Ministry shall issue a used vehicle information package in respect of any used motor vehicle to any person who applies therefor and pays the prescribed fee. 1993, c. 13, s. 1. Permit for vehicle (3) The purchaser or transferee of the used motor vehicle shall deliver the used vehicle information package mentioned in subsection (1) to the Ministry before obtaining from the Ministry a new permit for the vehicle. 1993, c. 13, s. 1. Regulations (4) For the purposes of subsection (1), the Lieutenant Governor in Council may make regulations, (a) defining “used motor vehicle” and “used vehicle information package”; (b) prescribing the period of time during which a used vehicle information package is valid after it is issued; (c) prescribing and providing for the payment of fees for the issuance of used vehicle information packages; (d) exempting any class of sellers or transferors from the application of subsection (1) or any class of purchasers or transferees from the application of subsection (3). 1993, c. 13, s. 1. Offence (5) Every person who fails to comply with subsection (1) is guilty of an offence and on conviction is liable to a fine of not less than $100 and not more than $500 on a first conviction and not less than $200 and not more than $1,000 on each subsequent conviction. 1993, c. 13, s. 1. Violations as to number plates 12. (1) Every person who, (a) defaces or alters any number plate, evidence of validation or permit; (b) uses or permits the use of a defaced or altered number plate, evidence of validation or permit; (c) without the authority of the permit holder, removes a number plate from a motor vehicle or trailer; (d) uses or permits the use of a number plate upon a vehicle other than a number plate authorized for use on that vehicle; (e) uses or permits the use of evidence of validation upon a number plate displayed on a motor vehicle other than evidence of validation furnished by the Ministry in respect of that motor vehicle; or (f) uses or permits the use of a number plate or evidence of validation other than in accordance with this Act and the regulations, is guilty of an offence and on conviction is liable to a fine of not less than $100 and not more than $1,000 or to imprisonment for not more than thirty days, or to both, and in addition the person’s licence or permit may be suspended for not more than six months. R.S.O. 1990, c. H.8, s. 12 (1). Property of the Crown (2) Every number plate is the property of the Crown and shall be returned to the Ministry when required by the Ministry. 1999, c. 12, Sched. R, s. 5 (1). Same (3) For the purpose of subsection (2), “number plate” includes, (a) a number plate bearing a requested number, (b) evidence of validation, (c) a permit, (d) a CAVR cab card, and (e) an IRP cab card issued by the Ministry. 1999, c. 12, Sched. R, s. 5 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is repealed by the Statutes of Ontario, 1999, chapter 12, Schedule R, subsection 5 (2) and the following substituted: Same (3) For the purpose of subsection (2), “number plate” includes, (a) a number plate bearing a requested number, (b) evidence of validation, (c) a permit, and (d) an IRP cab card issued by the Ministry. 1999, c. 12, Sched. R, s. 5 (2). See: 1999, c. 12, Sched. R, ss. 5 (2), 21. Number plates, further violations No other numbers to be exposed 13. (1) No number other than that upon the number plate furnished by the Ministry shall be exposed on any part of a motor vehicle or trailer in such a position or manner as to confuse the identity of the number plate. R.S.O. 1990, c. H.8, s. 13 (1). Number plate to be kept clean (2) Every number plate shall be kept free from dirt and obstruction and shall be affixed so that the entire number plate, including the numbers, is plainly visible at all times, and the view of the number plate shall not be obscured or obstructed by spare tires, bumper bars, any part of the vehicle, any attachments to the vehicle or the load carried. 1994, c. 27, s. 138 (7). Obstruction prohibited (3) The number plates shall not be obstructed by any device that prevents the entire number plates including the numbers from being accurately photographed using a photo-radar system. 1993, c. 31, s. 2 (5). Same (3.0.1) The number plates shall not be obstructed by any device that prevents the entire number plates including the numbers from being accurately photographed using a red light camera system. 1998, c. 38, s. 2 (1). Same (3.1) The number plates shall not be obstructed by any device or material that prevents the entire number plates including the numbers from being identified by an electronic toll system. 1996, c. 1, Sched. E, s. 2 (1). Offence (4) Every person who contravenes subsection (2), (3), (3.0.1) or (3.1) is guilty of an offence. 1993, c. 31, s. 2 (5); 1996, c. 1, Sched. E, s. 2 (2); 1998, c. 38, s. 2 (2). Improper or invalid number plates and cab cards Improper number plate 14. (1) Where a police officer or an officer appointed under this Act has reason to believe that, (a) a number plate attached to a motor vehicle or trailer, (i) has not been authorized under this Act for use on that vehicle, (ii) was obtained by false pretences, or (iii) has been defaced or altered; (b) evidence of validation of a permit displayed on a motor vehicle, (i) was not furnished under this Act in respect of that motor vehicle, (ii) was obtained by false pretences, or (iii) has been defaced or altered; or (c) a permit carried by a driver of a motor vehicle, (i) was not authorized under this Act in respect of that motor vehicle, (ii) was obtained by false pretences, or (iii) has been defaced or altered, the officer may take possession of the number plate, evidence of validation or permit and retain it until the facts have been determined. R.S.O. 1990, c. H.8, s. 14 (1). Invalid cab card (2) Where a police officer or an officer appointed under this Act has reason to believe that a CAVR cab card or an IRP cab card produced by a driver as being the permit for the vehicle, (a) was not furnished in accordance with this Act for that motor vehicle; (b) has been cancelled; or (c) has been defaced or altered, the officer may take possession of the CAVR cab card or the IRP cab card, as the case may be, and retain it until the facts have been determined. 1999, c. 12, Sched. R, s. 6 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is repealed by the Statutes of Ontario, 1999, chapter 12, Schedule R, subsection 6 (2) and the following substituted: Invalid cab card (2) Where a police officer or an officer appointed under this Act has reason to believe that an IRP cab card produced by a driver as being the permit for the vehicle, (a) was not furnished in accordance with this Act for that motor vehicle; (b) has been cancelled; or (c) has been defaced or altered, the officer may take possession of the IRP cab card and retain it until the facts have been determined. 1999, c. 12, Sched. R, s. 6 (2). See: 1999, c. 12, Sched. R, ss. 6 (2), 21. Exceptions as to residents of other provinces, permit requirements, etc. 15. (1) Section 7 and subsection 13 (1) do not apply to a motor vehicle owned by a person who does not reside or carry on business in Ontario for more than six consecutive months in each year if the owner thereof is a resident of some other province of Canada and has complied with the provisions of the law of the province in which the person resides as to registration of a motor vehicle and the display of the registration number thereon, and provided the province of residence grants similar exemptions and privileges with respect to motor vehicles owned by residents of Ontario for which permits are issued and in force under this Act and the regulations. R.S.O. 1990, c. H.8, s. 15 (1). Exemption from s. 7 for thirty days (2) Upon the owner of a motor vehicle becoming a resident of Ontario, the owner is exempt from the provisions of section 7 for the thirty days immediately following provided the owner has complied with the provisions of the law of the jurisdiction in which the owner resided immediately prior to taking up residence in Ontario as to the registration of the motor vehicle and the displays of the registration number thereon, and continues to display the registration number in accordance with that law. R.S.O. 1990, c. H.8, s. 15 (2). Exceptions as to residents of foreign countries (3) Section 7 and subsection 13 (1) do not apply to a motor vehicle owned by a person who does not reside or carry on business in Ontario for more than three months in any one year if the owner thereof is a resident of a country or state that grants similar exemptions and privileges with respect to motor vehicles owned by residents of Ontario for which permits are issued and in force under this Act and the regulations and has complied with the provisions of the law of the country or state in which the person resides as to registration of a motor vehicle and the display of registration plates thereon, but this subsection does not apply to commercial motor vehicles. R.S.O. 1990, c. H.8, s. 15 (3). Registration of vehicles of certain non-residents (4) Despite subsections (1) and (3), section 7 and subsection 13 (1) apply to a motor vehicle owned by a person who does not reside in Ontario that displays registration plates of a jurisdiction other than Ontario and that is, (a) based and operated in Ontario by the person; or (b) operated by a resident of Ontario for more than a thirty-day period in any calendar year. R.S.O. 1990, c. H.8, s. 15 (4). Regulations (5) The Lieutenant Governor in Council may make regulations providing for the temporary exemption of vehicles or any class thereof from section 7 or any provision thereof. R.S.O. 1990, c. H.8, s. 15 (5). Commercial motor vehicles Definitions, ss. 16-23.1 16. (1) In this section and in sections 17 to 23.1, “commercial motor vehicle” does not include, (a) a commercial motor vehicle, other than a bus, having a gross weight or registered gross weight of not more than 4,500 kilograms, an ambulance, a fire apparatus, a hearse, a casket wagon, a mobile crane, a motor home or a vehicle commonly known as a tow truck, (b) a commercial motor vehicle leased for no longer than thirty days by an individual for the transportation of goods kept for that individual’s personal use or the gratuitous carriage of passengers, (c) a commercial motor vehicle operated under a permit and number plates issued under a regulation made under clause 7 (24) (g) or (h) that is not transporting passengers or goods, (d) a commercial motor vehicle operated under the authority of an In-Transit permit, and (e) a bus that is used for personal purposes without compensation; (“véhicule utilitaire”) “compensation” includes any rate, remuneration, reimbursement or reward of any kind paid, payable or promised, or received or demanded, directly or indirectly; (“rémunération”) “CVOR certificate” means a Commercial Vehicle Operator’s Registration Certificate issued under this Act; (“certificat d’immatriculation UVU”) “goods” includes all classes of materials, wares and merchandise and livestock; (“biens”) “operator” means the person directly or indirectly responsible for the operation of a commercial motor vehicle including the conduct of the driver of, and the carriage of goods or passengers, if any, in, the vehicle or combination of vehicles; (“utilisateur”) “safety record” means the safety record of an operator determined in accordance with the regulations; (“fiche de sécurité”) R.S.O. 1990, c. H.8, s. 16 (1); 1994, c. 27, s. 138 (8); 1996, c. 33, s. 1; 2002, c. 18, Sched. P, s. 3 (1-3); 2009, c. 5, s. 5. CVOR certificate required (2) No person shall drive or operate a commercial motor vehicle on a highway unless the operator is the holder of a valid CVOR certificate. R.S.O. 1990, c. H.8, s. 16 (2); 2002, c. 18, Sched. P, s. 3 (4). Documents to be carried (3) Every driver of a commercial motor vehicle shall carry the original or a copy of, (a) the CVOR certificate issued to the operator of the vehicle; or (b) the lease of the vehicle meeting the requirements of subsection (5) if it is a leased vehicle, (c) Repealed: 2002, c. 18, Sched. P, s. 3 (5). and where the operator has been issued fleet limitation certificates, a fleet limitation certificate. R.S.O. 1990, c. H.8, s. 16 (3); 2002, c. 18, Sched. P, s. 3 (5). Documents to be surrendered (4) Every driver of a commercial motor vehicle shall, upon the demand of a police officer, surrender for inspection the documents that are required under subsection (3) to be carried. R.S.O. 1990, c. H.8, s. 16 (4). Requirements for lease (5) Every lease carried under subsection (3) shall clearly identify the vehicle involved, the parties to the lease and their addresses, the operator of the vehicle and the operator’s CVOR certificate. 2002, c. 18, Sched. P, s. 3 (6). (6), (7) Repealed: 2002, c. 18, Sched. P, s. 3 (6). CVOR certificates issued, renewed by Registrar 17. (1) The Registrar shall issue a CVOR certificate to and renew a CVOR certificate of every person who applies for the certificate or renewal in the form approved by the Minister and meets the requirements of this Act and the regulations. 2002, c. 18, Sched. P, s. 4 (1). Terms and conditions (1.1) The Registrar may issue a CVOR certificate subject to any terms and conditions that the Registrar considers appropriate. 2002, c. 18, Sched. P, s. 4 (1). Refusal to issue (2) The Registrar may refuse to issue a CVOR certificate to an applicant if the Registrar has reason to believe, having regard to the applicant’s safety record and any other information that the Registrar considers relevant, that the applicant will not operate a commercial motor vehicle safely or in accordance with this Act, the regulations and other laws relating to highway safety. 1996, c. 33, s. 2. Same (3) The Registrar may refuse to issue a CVOR certificate to an applicant if the applicant is related to, (a) a person whose CVOR certificate has been cancelled, is or has been under suspension or is or has been subject to a fleet limitation; (b) a person whose CVOR certificate suspension, cancellation or fleet limitation is under appeal; or (c) a person who the Registrar has reason to believe, having regard to the person’s safety record and any other information that the Registrar considers relevant, will not operate a commercial motor vehicle safely or in accordance with this Act, the regulations and other laws relating to highway safety. 1996, c. 33, s. 2. Same (3.1) The Registrar may refuse to issue, replace or renew a CVOR certificate if the applicant is indebted to the Minister of Finance in respect of, (a) an outstanding fee, or an outstanding penalty or interest in respect of a fee, due under this Act or the Public Vehicles Act; or (b) an outstanding public vehicle-related fee, or an outstanding penalty or interest in respect of such fee, under the Motor Vehicle Transport Act, 1987 (Canada). 2002, c. 18, Sched. P, s. 4 (2). Same (3.2) The Registrar shall refuse to renew a CVOR certificate, (a) that was issued subject to terms or conditions; or (b) that has been invalid for more than 12 months before the application for renewal is received by the Registrar. 2002, c. 18, Sched. P, s. 4 (2). |