Ontario government proposes restrictions on rebranding irreparable vehicles, expansion of police impoundment power

The Ontario government is targetting fraudsters who illegally rebuild and sell vehicles written off after collisions in omnibus legislation that also proposes to increase fines for distracted driving and to give police the power to impound a vehicle if a driver breaks the conditions of an alcohol ignition interlock program.

Meanwhile, provincial politicians sent to committee a bill that proposes to let police officers impound vehicles – and to provide for civil forfeiture for vehicles – in which they believe there is an illegal handgun.

Transportation Minister Steven Del Duca tabled Bill 31 Thursday for second reading at Queen’s Park in Toronto.

If passed into law with no amendments, Bill 31 would “improve the Mandatory Vehicle Branding Program to prevent vehicle fraud and protect consumers who buy used vehicles,” Del Duca said in the legislature. 

“Under this program, vehicles that have been written off because of a collision or a flood are branded by the (Ministry of Transportation) as either salvageable or irreparable,” he added. “Vehicle owners can make a written appeal to challenge the accuracy of their vehicle’s brand. Currently, many requests are submitted by individuals who have knowingly purchased an irreparable or a salvage vehicle and appeal the brand based on fraudulent motives.”

If passed into law, Bill 31 would stipulate that “only the person who owned a vehicle at the time it was damaged and reported it to the ministry would be allowed to appeal its brand,” Del Duca said. “This would prevent appeals by those looking to make a profit by illegally rebuilding vehicles or selling damaged vehicles to the unsuspecting public.”

Bill 31, the Transportation Statute Law Amendment Act (Making Ontario’s Roads Safer), 2014, also proposes to increase distracted driving fines to a range of $300 to $1,000. The current fines for distracted driving range from $60 to $500.

“It is currently illegal for drivers to talk, type, text, dial or email using hand held cellphones and other hand held communications devices and entertainment devices,” Del Duca said. “The evidence speaks for itself: A driver who uses a cellphone is four times more likely to be in a crash than drivers who are focused on the road.”

The 32-page bill includes a wide range of proposed amendments to current laws. If passed, drivers – who are currently required to slow down and move into another lane when approaching a stopped emergency vehicle with its roof lights on – would be required to do the same for stopped tow trucks with flashing amber lights. 

Bill 31 would also provide for impoundment of a vehicle if a driver “contravenes an ignition interlock condition” on his or her licence under a conduct review.

“The Making Ontario’s Roads Safer Act would also be another step in strengthening the identification of medically unfit drivers,” Del Duca said. “Ontario’s mandatory reporting program for physicians is a key method for identifying individuals of any age with a medical condition that may make it unsafe for them to drive. This bill would enable the Ministry of Transportation to accept reports from a broader range of qualified health care practitioners in the future, and it would assist in clarifying mandatory reporting requirements according to standards developed in co-operation with the medical community.”

Debate on Bill 31 was adjourned Thursday.

Meanwhile, with Bill 24, the Prohibiting Driving with Unlawful Handguns Act, Liberal MPP Mike Colle said Thursday he is trying to “basically add another level of frustration” for criminals “by saying that if a police officer finds that you have an unlawful handgun-these are guns that are stolen, smuggled-and you have one in the vehicle, the police officer should have the right to impound the vehicle and suspend your driver’s licence for seven days.”

Bill 24 passed second reading Nov. 27 and was referred to the Standing Committee on Justice Policy. Bill 24 also proposes to change the Ontario Civil Remedies Act so that vehicles in which there is an unlawfully possessed handgun “may become subject to forfeiture.”

“The strange thing is that these thugs that drive around with these guns – they have so many tricks on how to avoid criminal prosecution,” Colle said Thursday. “One of the tricks they use is that they will say, ‘Yes, there is a gun in the car, but I just borrowed the car from my Uncle Louie, and I didn’t know my Uncle Louie had a gun underneath the driver’s seat.’ So, therefore, that person walks.”

Colle, who has represented the Toronto riding of Eglinton-Lawrence at Queen’s Park since 1995, is a former citizenship and immigration minister. Before entering provincial politics, he was a Metropolitan Toronto councillor and chairman of the Toronto Transit Commission. Colle is currently deputy government whip and parliamentary assistant to Del Duca. He said Thursday that Bill 24 is supported by Toronto City Council, the Police Association of Ontario and the Ontario Safety League.

“I think we have an obligation to at least frustrate these people who flagrantly disobey our laws and drive around with these guns that they have no business having,” Colle said. “We should make it difficult for them to be mobile. Where are they going with a loaded handgun in their car? Are they going to go see Grandma? No; they’re going, probably, to commit a criminal act. It’s pretty obvious.”