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Highway Traffic Act of Ontario , section: 48.1

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Administrative Driver's License Suspension, Over 0 Novice Driver

48.1

(1) Subsections (2) and (3) apply and subsection (4) does not apply if the police officer who stops a novice driver uses one screening device for the purposes of section 48 and another screening device for the purposes of this section, and subsection (4) applies and subsections (2) and (3) do not apply if the police officer uses one screening device for the purposes of both section 48 and this section. 1993, c. 40, s. 5. Screening device test, novice drivers

(2) Where a novice driver has been brought to a stop by a police officer under the authority of this Act and has provided a sample of breath under section 48 which, on analysis registers “Pass” or otherwise indicates that the novice driver has no alcohol in his or her body, but the police officer reasonably suspects that the novice driver has alcohol in his or her body, the police officer may, for the purposes of determining compliance with the regulations respecting novice drivers, demand that the novice driver provide within a reasonable time such a sample of breath as, in the opinion of the police officer, is necessary to enable a proper analysis of the breath to be made by means of a provincially approved screening device and, where necessary, to accompany the police officer for the purpose of enabling such a sample of breath to be taken. 1993, c. 40, s. 5; 2007, c. 13, s. 11 (1).

Surrender of licence

(3) Where, upon demand of a police officer made under subsection (2), a novice driver fails or refuses to provide a sample of breath or provides a sample of breath which, on analysis by a provincially approved screening device, registers “Presence of Alcohol” or otherwise indicates that the novice driver has alcohol in his or her body, the police officer may request the novice driver to surrender his or her driver’s licence. 1993, c. 40, s. 5; 2007, c. 13, s. 11 (2).

Same

(4) Where a novice driver has been brought to a stop by a police officer under the authority of this Act and has provided a sample of breath under section 48 which, on analysis registers “Warn”, “Alert” or “Presence of Alcohol” or otherwise indicates that the novice driver has alcohol in his or her body, or, upon demand of a police officer made under section 254 of the Criminal Code (Canada), fails or refuses to provide a sample of breath, the police officer may request the novice driver to surrender his or her licence. 1993, c. 40, s. 5; 2007, c. 13, s. 11 (3); 2009, c. 5, s. 16 (1).

Suspension of licence

(5) Upon a request being made under subsection (3), the novice driver to whom the request is made shall forthwith surrender his or her driver’s licence to the police officer and, whether or not the novice driver is unable or fails to surrender the licence to the police officer, his or her licence is suspended for a period of 24 hours from the time of the request. 2009, c. 5, s. 16 (3).

Same

(5.1) Upon a request being made under subsection (4), the novice driver to whom the request is made shall forthwith surrender his or her driver’s licence to the police officer and, whether or not the novice driver is unable or fails to surrender the licence to the police officer, his or her licence is suspended,

(a) if the novice driver provides a sample of breath that on analysis registers “Presence of Alcohol” or otherwise indicates that the novice driver has alcohol in his or her body, for 24 hours from the time the request is made;

(b) if the novice driver provides a sample of breath that on analysis registers “Warn” or “Alert” or otherwise indicates that the concentration of alcohol in the novice driver’s blood is 50 milligrams or more of alcohol in 100 millilitres of blood, for the period determined under subsection 48 (14). 2009, c. 5, s. 16 (3).

Same

(5.2) A suspension under clause (5.1) (b) is deemed to be a suspension under section 48. 2009, c. 5, s. 16 (4).

Suspension concurrent with other administrative suspensions

(5.3) The licence suspension under this section runs concurrently with a suspension, if any, under section 48, 48.2.1 or 48.3. 2009, c. 5, s. 16 (5).

Opportunity for second analysis

(6) Where an analysis of the breath of the novice driver is made under subsection (3) or (4) and registers “Warn”, “Alert” or “Presence of Alcohol” or otherwise indicates that the novice driver has alcohol in his or her body, the novice driver may require that a second analysis be performed if the novice driver requests the second analysis immediately after the police officer requests the surrender of his or her licence under subsection (3) or (4). 2009, c. 5, s. 16 (7).

Screening device, instrument used for second analysis

(6.1) The second analysis must be performed with a different approved screening device than was used in the analysis under subsection (3) or (4), as the case may be, or, if the police officer thinks it is preferable, with an instrument approved as suitable for the purpose of section 254 of the Criminal Code (Canada). 2009, c. 5, s. 16 (7).

Second analysis governs

(6.2) Where a novice driver provides a sample of breath for the second analysis requested under subsection (6) immediately upon being requested to do so by the police officer, the result of the second analysis governs and any suspension resulting from the analysis under subsection (3) or (4) continues or terminates accordingly. 2009, c. 5, s. 16 (7).

Calibration of screening device

(7) The provincially approved screening device shall not be calibrated to register “Presence of Alcohol” if the concentration of alcohol in the blood of the person whose breath is being analyzed is less than 10 milligrams of alcohol in 100 millilitres of blood, and despite anything in this section, the reading shown on a provincially approved screening device for “Presence of Alcohol” may be another term or symbol that conveys the same meaning. 2009, c. 5, s. 16 (8).

Same

(8) It shall be presumed, in the absence of proof to the contrary, that any provincially approved screening device used for the purposes of this section has been calibrated as required by subsection (7). 2009, c. 5, s. 16 (8).

No appeal or right to be heard

(8.1) There is no appeal from, or right to be heard before, the suspension of a driver’s licence under this section. 2009, c. 5, s. 16 (8).

Intent of suspension

(9) The suspension of a licence under this section is intended to ensure that novice drivers acquire experience and develop or improve safe driving skills in controlled conditions and to safeguard the licensee and the public and does not constitute an alternative to any proceeding or penalty arising from the same circumstances or around the same time. 1993, c. 40, s. 5.

Duty of officer

(10) Every officer who asks for the surrender of a licence under this section shall keep a written record of the licence received with the name and address of the person and the date and time of the suspension and, at the time of receiving the licence, shall provide the licensee with a written statement of the time from which the suspension takes effect, the length of the period during which the licence is suspended and the place where the licence may be recovered. 2008, c. 17, s. 38.

Removal of vehicle

(11) If the motor vehicle of a person whose licence is suspended under this section is at a location from which, in the opinion of a police officer, it should be removed and there is no person available who may lawfully remove the vehicle, the officer may remove and store the vehicle or cause it to be removed and stored, in which case, the officer shall notify the person of the location of the storage. 1993, c. 40, s. 5.

Cost of removal

(12) Where a police officer obtains assistance for the removal and storage of a motor vehicle under this section, the costs incurred in moving and storing the vehicle are a lien on the vehicle that may be enforced under the Repair and Storage Liens Act by the person who moved or stored the vehicle at the request of the officer. 1993, c. 40, s. 5. Offence (13) Every person commits an offence who, without reasonable excuse, fails or refuses to comply with a demand made to him or her by a police officer under this section. 1993, c. 40, s. 5.

Definitions

(14) In this section,

“driver” includes a person who has care or control of a motor vehicle; (“conducteur”)

“driver’s licence” includes a motorized snow vehicle operator’s licence and a driver’s licence issued by any other jurisdiction; (“permis de conduire”)

“motor vehicle” includes a motorized snow vehicle; (“véhicule automobile”)

“novice driver” has the meaning prescribed by the regulations made under section 57.1; (“conducteur débutant”)

“provincially approved screening device” means,

(a) an approved screening device as defined in the Criminal Code (Canada), or

(b) a screening device that meets the standards of the Alcohol Test Committee of the Canadian Society of Forensic Sciences. (“appareil de détection approuvé par la province”) 1993, c. 40, s. 5; 2009, c. 5, s. 16 (9, 10).

Meaning of suspension for out-of-province licences

(15) With respect to a driver’s licence issued by another jurisdiction, instead of suspending the person’s driver’s licence, the Registrar shall suspend the person’s privilege to drive a motor vehicle in Ontario for the applicable period specified in subsection (5) or determined under subsection (5.1). 2009, c. 5, s. 16 (11).

Comments : It is most unwise for a novice driver to consume alcohol, bread, alcohol containing candy, or use mouthwash before driving as any of these could cause a reading on a roadside screening device.

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