Appeal under Section 50.2 of the Highway Traffic Act, R.S.O. 1990, c. H.8 from an impoundment of a motor vehicle under section 55.1 of the Act for driving while suspended
Between:
Charles Petrovich
Appellant
-and-
Registrar of Motor Vehicles
Respondent
DECISION AND ORDER
ADJUDICATOR: Laura Hodgson
APPEARANCES:
For the Appellant: Self-represented
For the Respondent: Stella Velocci, Agent
Held by Teleconference: April 11, 2022
1The appellant’s vehicle was impounded for 45 days pursuant to s. 55.1(1) of the Highway Traffic Act, R.S.O. 1990, c. H.8 (the Act). This section allows a police officer to impound a motor vehicle if it is not equipped with an ignition interlock device and the driver is prohibited from driving a vehicle that is not so equipped.
2On March 18, 2022, the appellant’s son was driving the appellant’s van and was stopped by police. It was discovered that he had a condition on his licence prohibiting him from driving a vehicle that was not equipped with an ignition interlock device. The appellant’s vehicle was not equipped with this device.
3The appellant is appealing on the ground that the impoundment will result in exceptional hardship (s. 50.2(3)(d)). The appellant testified that he requires his vehicle to see his grandchildren at Easter. He indicated that he has missed six days of work because of the impoundment, some of those days were because of proceedings relating to this appeal. The appellant testified that he has been able to use his wife’s vehicle, get rides from his older son or a co-worker and his employer has also provided him a vehicle. The appellant noted that using his wife’s or son’s car inconveniences them and that the vehicle provided by his employer is not fuel efficient. The appellant indicated that he doesn’t understand why he is responsible for a mistake his son made.
Law and Analysis
4The test for exceptional hardship is set out in Ontario Regulation 631/98 (the Regulation), a regulation made under the Highway Traffic Act. In determining exceptional hardship, the Tribunal must first determine if the appellant has an alternative to the impounded vehicle.
5In order to show that no alternative vehicle is available, s. 10(4) of the Regulation requires the owner to demonstrate that every reasonable option has been considered and inquired into that could mitigate or eliminate a threat or loss. This includes using another vehicle and making arrangements to do without a vehicle.
6Sections 10 (2) and 10 (3) of the Regulation set out factors that may or may not be considered by the Tribunal in certain circumstances. The Tribunal cannot consider “inconvenience to any person” (ss. 10 (2) (a) and (3)).
7With respect to the other factors in s. 10 (2), namely: (b) financial or economic loss to any person; (c) loss of employment or employment opportunity to any person; and (d) loss of education or training or of an educational or training opportunity to any person, the Tribunal may only consider those factors, if there is no alternative to the impounded vehicle available, and that, among other things, the loss will be immediate, significant and lasting.
8One of the obligations imposed upon a vehicle owner under the Act is to ensure that their vehicle is only driven by properly licensed drivers. The legislation promotes public safety by requiring drivers subject to an interlock ignition condition to only drive vehicles equipped with such a device.
9The appellant has not established that he does not have an alternative to his impounded vehicle as set out in s. 10 (4) of the Regulation. Since the impoundment, he has used his wife’s vehicle, received drives from a family member and co-worker and has also borrowed a vehicle from his employer. While the Tribunal appreciates the stress and inconvenience caused by the impoundment, this alone is not a basis for release of the vehicle. Based on the evidence, there are alternatives available, and the appellant has not established “exceptional hardship”.
10The Tribunal confirms the impoundment of the appellant’s motor vehicle.
Licence Appeal Tribunal
____________________________
Laura Hodgson, Member
Released: April 13, 2022