Impoundment of Vehicles Fees Regulation

Impoundment of Vehicles Fees Regulation, M.R. 243/89 The Highway Traffic Act , C.C.S.M. c. H60 Regulation 243/89 Registered October 3, 1989 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Costs of towing and impoundment 2.1 Adjustment for inflation 3 Application to justice 4 Costs of Minister of Finance 5 Coming into force Schedule 1 2 Definitions 1 In this regulation, "Act" means The Highway Traffic Act ; (« Code ») "city" means the cities of Brandon, Dauphin, Flin Flon, Morden, Portage la Prairie, Selkirk, Steinbach, Thompson, Winkler and Winnipeg; (« ville ») "Consumer Price Index" means the Consumer Price Index for Manitoba (All-items) published by Statistics Canada under the Statistics Act (Canada); (« indice des prix à la consommation ») "vehicle" means a motor vehicle or off-road vehicle. (« véhicule ») M.R. 28/2001 ; 67/2001 ; 22/2004 ; 43/2013 ; 134/2022 Costs of towing and impoundment 2(1) For the purposes of section 242.1 of the Act, the costs and charges payable to a garage keeper are as follows: (a) on account of an item set out in Column 1 of Schedule 1, the appropriate costs and charges as set out opposite that item in Columns 2, 3 or 4, determined by reference to places of seizure and impoundment and by reference to any additional services described in Items 5 and 6 of Column 1 of that Schedule that are necessary to tow or transport the impounded vehicle; (b) when under The Garage Keepers Act a vehicle is sold, (i) the costs and charges of The Queen's Printer for publication of the notice in one issue of The Manitoba Gazette , (ii) when a tow is reasonably required for purposes of auction, the costs and charges of Item 1 or 3, whichever applies, set out in Column 1 of Schedule 1 as those costs and charges are set out opposite those items in Columns 2, 3 or 4, determined as set out in subsection (3), (iii) the reasonable costs of advertising, the reasonable fee of the auctioneer and all other reasonable costs of the sale, and (iv) fees for reasonable searches by the administrator designated for the purposes of The Drivers and Vehicles Act . 2(2) Subject to subsection (4), the costs and charges set out in Columns 2, 3 and 4 of Schedule 1, opposite Items 1 and 3, include towing, or pick-up and transportation, of the vehicle by any means necessary, first day of storage, cost of remitting administration fee, credit card discounts and any other costs and charges for any service not otherwise specifically provided for in the Act or this regulation. 2(3) For the purpose of subclause (1)⁠(b)⁠(ii), (a) if the places of impoundment and auction are in the same city, the towing costs and charges shall be the costs and charges set out in Column 2 of Schedule 1; (b) if the places of impoundment and auction are outside of a city, the towing costs and charges shall be the costs and charges set out in Column 3 of Schedule 1; and (c) if the place of impoundment is outside a city and the place of auction is in a city, or vice versa, the towing costs and charges shall be the costs and charges set out in Column 4 of Schedule 1. 2(4) When any of the following additional services is necessary to tow or transport the impounded vehicle to the place of impoundment or auction, the charge payable is the applicable cost set out opposite Item 5 or 6 of Column 1 of Schedule 1: (a) transportation by flatbed wrecker; (b) use of dollies during transportation; (c) winching the impounded vehicle to a more accessible location when the vehicle is so located that the tow vehicle cannot tow or transport it without winching it to the more accessible location. M.R. 85/90; 28/2001 ; 43/2013 ; 134/2022 Adjustment for inflation 2.1 On April 1 of each year beginning in 2023, a dollar amount set out in Schedule 1 must be adjusted for inflation in accordance with the following formula: A = B × CPI 1 /CPI 2 In this formula, A is the adjusted dollar amount; B is the dollar amount set out in Schedule 1; CPI 1 is the Consumer Price Index for January of the year the adjustment is made; CPI 2 is the Consumer Price Index for January 2022. M.R. 134/2022 Application to justice 3 For the purposes of 242.1(4)⁠(b) of the Act, the fee for an application to a justice for a hearing is $100. M.R. 170/97 Costs of Minister of Finance 4(1) For the purposes of subsection 242.1(3) of the Act, the costs and charges payable on account of administration to be paid to the garage keeper as authorized representative of the Minister of Finance are the lesser of the following: (a) $135.; and (b) when under The Garage Keepers Act the vehicle is sold for failure to pay the costs and charges provided for in the Act or this regulation and the proceeds of sale are insufficient to pay the costs and charges payable to the garage keeper under section 2, the balance, if any, due after payment in full of those costs and charges of the garage keeper. 4(2) The garage keeper shall in the manner set out in subsection (3) remit to the Minister of Finance the costs and charges received not later than 7 working days following the end of the month in which those costs and charges were received. 4(3) The remittance of the costs and charges shall be in the form set out in Schedule 2 or in a computerized facsimile which displays the information set out in that form. M.R. 85/90; 170/97; 28/2001 ; 110/2002 ; 43/2013 Coming into force 5 This regulation comes into force on October 1, 1989 or on the proclamation of The Highway Traffic Amendment Act , S.M. 1989-90, c. 4, whichever is the later. SCHEDULE 1 (Subsection 2(1)) Column 1 Item Column 2 Costs and charges when the places of seizure and impoundment are in a city Column 3 Costs and charges when the places of seizure and impoundment are outside a city Column 4 Costs and charges when the place of seizure is outside a city, but the place of impoundment is in a city 1 Towing and transportation of an impounded vehicle having a registered gross weight of not more than 4,540 kg (10,000 lb.) from the place of seizure to the place of impoundment $64.45 $53.30 plus $2.40 per loaded kilometre $64.45 plus $2.40 per loaded kilometre 2 Storage of an impounded vehicle having a registered gross weight of not more than 4,540 kg (10,000 lb.) $16.15 per day (after first day) $16.15 per day (after first day) $16.15 per day (after first day) 3 Towing and transportation of an impounded vehicle having a registered gross weight of more than 4,540 kg (10,000 lb.) from the place of seizure to the place of impoundment $138.30 $99.50 plus $3.25 per loaded kilometre $138.30 plus $3.25 per loaded kilometre 4 Storage of an impounded vehicle having a registered gross weight of more than 4,540 kg (10,000 lb.) $16.15 per day (after first day) $16.15 per day (after first day) $16.15 per day (after first day) 5 Flatbed or dolly charge if a flatbed or dolly is required for an impounded vehicle of any weight $27.80 $27.80 $27.80 6 Winching charge if an impounded vehicle of any weight is located where the tow vehicle cannot tow or transport it without winching it to a more accessible location $27.80 $27.80 $27.80 SCHEDULE 2 Form Impoundment of motor vehicles