Vehicle impoundment is a legal enforcement measure used by police to maintain road safety. In Ontario, under the Highway Traffic Act (HTA), excessive speeding, stunt driving, and other dangerous driving behaviours are key infractions that can result in impoundment.
Police Authority for Impoundment
In Ontario, police have clear authority to impound vehicles under specific circumstances, such as:
- Excessive Speeding / Stunt Driving: Driving 50 km/h or more over the posted speed limit is classified as stunt driving and leads to an immediate vehicle impoundment.
- Street Racing: Engaging in activities like racing or performing dangerous stunts on public roads.
- Driving Under Suspension: Operating a vehicle with a suspended license.
- Impaired Driving: Driving under the influence of alcohol or drugs.
Speeding and Traffic Violations Leading to Impoundment
Excessive speeding is treated seriously in Ontario because of the significant risk it poses. When a driver is caught going 50 km/h or more over the speed limit, the consequences include:
- Immediate 14-Day Impoundment: The vehicle is towed to a designated impound lot.
- 30-Day License Suspension: In addition to vehicle impoundment, the driver’s license is immediately suspended.
- Fines and Penalties: Substantial fines starting at $2,000 and up to $10,000 for first offences.
Repeated offences may lead to longer impoundments, higher fines, and more severe penalties.
The Impoundment Process
If a vehicle is impounded for speeding or stunt driving in Ontario, the process typically includes the following steps:
1. Notice of Impoundment
The police officer will issue a notice of impoundment at the time of the violation. This document explains the reason for impoundment, the duration, and the next steps.
2. Towing the Vehicle
The vehicle is immediately towed to an authorized impound facility. The driver has no control over the towing process, and all towing and storage costs are the responsibility of the vehicle owner.
3. Vehicle Retrieval
To retrieve the vehicle, the owner must:
- Pay all towing and storage fees.
- Present valid identification and proof of vehicle ownership.
Financial Implications of Impoundment
Vehicle impoundment is not only inconvenient but also costly. The associated expenses include:
- Towing Fees: Typically ranging from $200 to $400, depending on the distance and vehicle type.
- Storage Fees: Accumulated daily, averaging $50 to $80 per day in Ontario. For a 14-day impoundment, storage costs alone could total $700 to $1,100.
- Fines and Increased Insurance: Convictions for stunt driving or excessive speeding can lead to significant fines and increased insurance premiums, potentially thousands of dollars annually.
Can I contest a vehicle impoundment in Ontario?
Yes, vehicle owners can contest an impoundment if they believe it was unjust. Legal assistance is recommended for filing an appeal and/or when fighting your ticket. Contact Us for a free consultation.