Vehicle Impoundment (Public Order) Regulations, 2007, T-18.1 Reg 4

1 VEHICLE IMPOUNDMENT (PUBLIC ORDER), 2007 T-18.1 REG 4 The Vehicle Impoundment (Public Order) Regulations, 2007 being Chapter T-18.1 Reg 4 (effective February 28, 2007) as amended by Saskatchewan Regulations 34/2018. NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. 2 VEHICLE IMPOUNDMENT T-18.1 REG 4 (PUBLIC ORDER), 2007 Table of Contents 1 Title 16 Application for certificate authorizing garage keeper to release a motor vehicle 2 Interpretation 17 Required deposit by owner for release of motor vehicle 3 Notice of seizure 18 When designated official may release motor vehicle – 4 Service of notice of seizure prescribed circumstances 5 Prescribed fees, costs and charges for garage keeper 19 When designated official may pay garage keeper’s fees 6 Duties of garage keeper 20 Personal property that may be removed 7 Prescribed maximum amount - section 175 of the Act 21 R.R.S. c.H-3.1 Reg 19 repealed 8 Report and return of garage keeper – sale of 22 Coming into force motor vehicle 9 Application of proceeds of sale Appendix 10 Prescribed value of motor vehicle Forms 11 Declaration by garage keeper Form A Notice of Seizure and Impoundment or Immobilization 12 Prescribed interest rate – amounts owing by owner to designated official Form B Inventory and Report 13 Application to justice for release of a motor vehicle Form C Report and Return of Garage Keeper – Sale 14 Procedure on application to justice for release of Form D Declaration of Garage Keeper motor vehicle Form E Application to Justice for Release of 15 Applications to designated official for release Motor Vehicle 3 VEHICLE IMPOUNDMENT (PUBLIC ORDER), 2007 T-18.1 REG 4 CHAPTER T-18.1 REG 4 The Traffic Safety Act Title 1 These regulations may be cited as The Vehicle Impoundment (Public Order) Regulations, 2007. Interpretation 2(1) In these regulations: (a) “Act” means The Traffic Safety Act; (b) “Form” means a Form as set out in the Appendix; (c) “tow truck operator” means a person who operates a towing vehicle or a tow truck. (2) For the purposes of these regulations and Division 3 of Part XV of the Act, “owner” means the person in whose name a motor vehicle is registered pursuant to the laws of the jurisdiction in which the motor vehicle is registered. 9 Mar 2007 cT-18.1 Reg 4 s2. Notice of seizure 3(1) The prescribed form of a notice of seizure and impoundment or immobilization pursuant to Division 3 of Part XV of the Act is Form A. (2) The original copy of Form A is to include all required information, but copies provided to other persons may contain fields that are blacked out. 9 Mar 2007 cT-18.1 Reg 4 s3; 18 May 2018 SR 34/2018 s3. Service of notice of seizure 4 If a peace officer seizes a motor vehicle pursuant to section 174 of the Act, the peace officer shall serve the notice of seizure and impoundment or immobilization on the driver and the owner of the motor vehicle: (a) personally; or (b) by registered mail. 9 Mar 2007 cT-18.1 Reg 4 s4. Prescribed fees, costs and charges for garage keeper 5(1) A garage keeper who impounds or immobilizes a motor vehicle pursuant to section 175 of the Act is entitled to the fees, costs and charges set out in The Vehicle Impoundment (General) Regulations, 2014. 4 VEHICLE IMPOUNDMENT T-18.1 REG 4 (PUBLIC ORDER), 2007 (2) For the purposes of subsection (1), the provisions respecting fees, costs and charges in The Vehicle Impoundment (General) Regulations, 2014 apply, with any necessary modifications, to garage keepers who impound or immobilize a motor vehicle pursuant to section 175 of the Act. 9 Mar 2007 cT-18.1 Reg 4 s5; 18 May 2018 SR 34/2018 s4. Duties of garage keeper 6 A garage keeper who impounds or immobilizes a motor vehicle, or a tow truck operator who assists the garage keeper for the purpose of impounding or immobilizing a motor vehicle pursuant to Division 3 of Part XV of the Act, shall make an inventory of the motor vehicle’s contents and a report on the condition of the motor vehicle in Form B. 9 Mar 2007 cT-18.1 Reg 4 s6. Prescribed maximum amount - section 175 of the Act 7 For the purposes of clause 175(4)(a) of the Act, the prescribed maximum amount is the total amount of the fees, costs and charges prescribed pursuant to section 5 relating to the impoundment or immobilization of the motor vehicle by the garage keeper for the period: (a) commencing on the date of the seizure; and (b) ending on the tenth day following the day on which the garage keeper receives the certificate of the designated official authorizing the garage keeper to release the motor vehicle. 9 Mar 2007 cT-18.1 Reg 4 s7. Report and return of garage keeper - sale of motor vehicle 8 Within 14 days after selling a motor vehicle pursuant to section 176 of the Act, the garage keeper who sold the motor vehicle shall make a return to the designated official in Form C. 9 Mar 2007 cT-18.1 Reg 4 s8. Application of proceeds of sale 9(1) If a garage keeper sells a motor vehicle pursuant to section 176 of the Act, the garage keeper shall apply the proceeds of the sale to the satisfaction of any lien that the garage keeper has pursuant to subsection 175(2) of the Act. (2) If, after applying the proceeds of a sale in the manner prescribed in subsection (1), any excess remains, the garage keeper shall forward the excess to the designated official. (3) If the designated official receives money pursuant to subsection (2), the designated official shall: (a) apply the money towards the satisfaction of: (i) first, any security interest or other interest perfected against the motor vehicle pursuant to The Personal Property Security Act, 1993; and 5 VEHICLE IMPOUNDMENT (PUBLIC ORDER), 2007 T-18.1 REG 4 (ii) second, any outstanding fees incurred by the designated official as a result of the seizure and impoundment or immobilization of the motor vehicle; and (b) except if clause 186(2)(b) of the Act applies or if any charge for a proscribed offence against a person who was in the motor vehicle at the time it was seized has not been disposed of, forward any balance remaining to the owner of the motor vehicle. (4) Notwithstanding subsection (3), the designated official is not required to refund any amount pursuant to clause (3)(b) unless the amount exceeds $1. 9 Mar 2007 cT-18.1 Reg 4 s9. Prescribed value of motor vehicle 10 For the purposes of Division 3 of Part XV of the Act, the prescribed value of a motor vehicle is the fair market value of the motor vehicle as determined by the designated official. 9 Mar 2007 cT-18.1 Reg 4 s10. Declaration by garage keeper 11(1) For the purposes of clause 177(2)(b) of the Act, the statutory declaration by a garage keeper declaring that the amount of the lien arising out of the seizure and impoundment or immobilization exceeds the garage keeper’s estimate of the value of the motor vehicle is to be in Form D. (2) For the purposes of clause 177(6)(a) of the Act, the administrator shall apply the refund towards satisfaction of: (a) first, any lien that the garage keeper has pursuant to subsection 175(2) of the Act; (b) second, any security interest or other interest perfected against the motor vehicle pursuant to The Personal Property Security Act, 1993; and (c) third, any outstanding fees incurred by the designated official as a result of the seizure and impoundment or immobilization of the motor vehicle. 9 Mar 2007 cT-18.1 Reg 4 s11. Prescribed interest rate - amounts owing by owner to designated official 12 For the purposes of clause 178(4)(c) of the Act, the prescribed interest rate is the interest rate in effect pursuant to The Pre-judgment Interest Act. 9 Mar 2007 cT-18.1 Reg 4 s12. Application to justice for release of a motor vehicle 13(1) A person who applies to a justice pursuant to Division 3 of Part XV of the Act for the release of a motor vehicle that has been seized and impounded or immobilized shall: (a) apply in Form E; and (b) pay a fee of $100. 6 VEHICLE IMPOUNDMENT T-18.1 REG 4 (PUBLIC ORDER), 2007 (2) A person making an application mentioned in subsection (1) shall deliver the application and the fee to the office of the Provincial Court of Saskatchewan nearest to the location where the motor vehicle was seized. (3) The clerk of the Provincial Court of Saskatchewan who receives an application and a fee pursuant to subsection (2) shall advise the applicant of the date, time and location for hearing the application. 9 Mar 2007 cT-18.1 Reg 4 s13. Procedure on application to justice for release of motor vehicle 14(1) At the hearing of an application to a justice pursuant to Division 3 of Part XV of the Act: (a) the applicant and any witness providing evidence for the applicant shall appear in person unless the justice is satisfied that it would be in the public interest to allow the applicant or the witness to provide evidence by telephone; and (b) if requested by the justice to do so or if the designated official is of the opinion that given the circumstances of a particular application it would be appropriate to do so, the designated official may provide evidence in person or by telephone. (2) For the purposes of a hearing mentioned in subsection (1), the designated official shall file with the office of the Provincial Court of Saskatchewan to which the application was delivered a written report that includes the following information: (a) the information mentioned in subsection 180(4) of the Act; (b) information in the records of the administrator respecting any other motor vehicles registered to: (i) the applicant, if other than the owner; (ii) the owner; (iii) the driver; (iv) any other person who was in the motor vehicle when it was seized; and (v) a member of the immediate family of any of persons mentioned in subclauses (i) to (iv); (c) the criminal record for any proscribed offence of the driver and any other person who was in the motor vehicle when it was seized; (d) a record of any previous seizures of motor vehicles pursuant to Division 3 of Part XV of the Act involving any of the persons mentioned in clause (b); and (e) any other information that, in the opinion of the designated official, would be of assistance to the justice in deciding the application. 7 VEHICLE IMPOUNDMENT (PUBLIC ORDER), 2007 T-18.1 REG 4 (3) On the request of the applicant to a clerk of the Provincial Court of Saskatchewan, a copy of a report filed pursuant to subsection (2) is to be provided, without charge, to the applicant. (4) The justice may adjourn the application: (a) to allow the applicant or the designated official time to obtain further information; (b) if evidence is being provided by telephone and the justice determines that the taking of evidence by telephone is unsatisfactory, to allow the person giving evidence by telephone to appear in person before the justice; or (c) if the justice considers it is necessary to determine the application. (5) If the applicant fails to appear at the hearing, the justice may consider the application in the absence of the applicant. 9 Mar 2007 cT-18.1 Reg 4 s14. Applications to designated official for release 15 A person who applies to the designated official for release of a motor vehicle pursuant to Division 3 of Part XV of the Act shall: (a) apply in the form provided by the designated official; and (b) subject to section 19, pay the designated official a fee of $50. 9 Mar 2007 cT-18.1 Reg 4 s15. Application for certificate authorizing garage keeper to release a motor vehicle 16(1) If a justice, a peace officer or the designated official authorizes the release of a motor vehicle pursuant to Division 3 of Part XV of the Act, the owner or a person authorized by the owner shall, subject to section 19, pay a release fee of $50: (a) to the designated official; or (b) at any office of the Provincial Court of Saskatchewan. (2) A garage keeper shall not release a motor vehicle that was seized and impounded or immobilized pursuant to Division 3 of Part XV of the Act without first obtaining a certificate of the designated official issued pursuant to this section. (3) The designated official shall issue a certificate authorizing the garage keeper to release the motor vehicle on receipt of: (a) if the release fee was paid to the designated official pursuant to clause (1) (a), the release fee; or (b) if the release fee was paid at an office of the Provincial Court of Saskatchewan pursuant to clause (1)(b), proof satisfactory to the designated official of payment of the release fee. 9 Mar 2007 cT-18.1 Reg 4 s16. 8 VEHICLE IMPOUNDMENT T-18.1 REG 4 (PUBLIC ORDER), 2007 Required deposit by owner for release of motor vehicle 17 On an application for release pursuant to section 182 of the Act, the owner shall deposit with the designated official either of the following: (a) cash, a certified cheque or a money order payable to the Minister of Finance in an amount equal to the fair market value of the motor vehicle as determined by the designated official; (b) an irrevocable letter of credit payable to the Minister of Finance in an amount equal to the fair market value of the motor vehicle as determined by the designated official. 9 Mar 2007 cT-18.1 Reg 4 s17. When designated official may release motor vehicle - prescribed circumstances 18 For the purposes of section 184 of the Act, the following are prescribed circumstances: (a) an application is made to the designated official by a secured party for release of a motor vehicle against which the secured party registered a security interest pursuant to The Personal Property Security Act, 1993 before the date on which the motor vehicle was seized; (b) an application is made to the designated official by an owner for release of a motor vehicle that the owner had reported to the police as a stolen motor vehicle before the seizure of the motor vehicle; (c) the designated official is satisfied that the motor vehicle was seized in error; (d) the designated official is satisfied that no person who was in the motor vehicle at the time it was seized will be charged with a proscribed offence arising out of the circumstances leading to the seizure. 9 Mar 2007 cT-18.1 Reg 4 s18. When designated official may pay garage keeper’s fees 19 If the designated official authorizes the release of a motor vehicle pursuant to Division 3 of Part XV of the Act, the designated official may: (a) pay the fees, costs and charges that the garage keeper is entitled to pursuant to Division 3 of Part XV of the Act and these regulations; and (b) exempt the person applying for release of the motor vehicle pursuant to Division 3 of Part XV of the Act or a certificate authorizing release of the motor vehicle pursuant to section 16 from paying the fee prescribed in those sections. 9 Mar 2007 cT-18.1 Reg 4 s19. 9 VEHICLE IMPOUNDMENT (PUBLIC ORDER), 2007 T-18.1 REG 4 Personal property that may be removed 20 For the purposes of subsection 187(3) of the Act, the following types of personal property are prescribed as personal property that may be removed from a motor vehicle: (a) child restraint systems; (b) infant restraint systems; (c) booster cushions; (d) devices for the use of the handicapped. 9 Mar 2007 cT-18.1 Reg 4 s20. R.R.S. c.H-3.1 Reg 19 repealed 21 The Vehicle Impoundment (Public Order) Regulations are repealed. 9 Mar 2007 cT-18.1 Reg 4 s21. Coming into force 22 These regulations come into force on the day on which they are filed with the Registrar of Regulations. 9 Mar 2007 cT-18.1 Reg 4 s22. 10 VEHICLE IMPOUNDMENT T-18.1 REG 4 (PUBLIC ORDER), 2007 VEHICLE IMPOUNDMENT (PUBLIC ORDER) AMENDMENT REGULATIONS, 2018 3 “ APPROVED May 1, 2018 - 2:12 p.m. 11 VEHICLE IMPOUNDMENT (PUBLIC ORDER), 2007 T-18.1 REG 4 VEHICLE IMPOUNDMENT (PUBLIC ORDER) AMENDMENT REGULATIONS, 2018 4 ”. 18 May 2018 SR 34/2018 s5. APPROVED May 1, 2018 - 2:12 p.m. 12 VEHICLE IMPOUNDMENT T-18.1 REG 4 (PUBLIC ORDER), 2007 FORM B Inventory and Report [Section 6 ] Owner’s Name:______________________________________ Address: _________________________________________ Driver’s Name: ______________________________________ Address: _________________________________________ Plate Number: ______________________________Province/State:_________________________Year: _______________ Make/Model:__________________________VIN:_______________________________Colour:_____________________ Yes No Yes No Condition Windshield Wipers Keys L.F. Tire Rear view mirror Registration R.F. Tire Side view mirror Spotlight(s) L.R. Tire Cassette player Fog Light(s) R.R. Tire Radio Battery Spare Tire Aerial Gas cap Fender CD Player Beauty rims Body Car Warmer Hub caps Roof CDs/Cassettes Jack Hood Radar Detector Headlights Grill Child Car Seats Tail Lights Bumper (front) Upholstery Roof rack Bumper (rear) Seat Covers Hood ornament Remarks: (other equipment, tools, condition of glass, contents of glove box and trunk, etc.) _____________________________________________________________________________________________________ _____________________________________________________________________________________________________ _____________________________________________________________________________________________________ Odometer Reading: __________________ Gas Gauge Reading:__________________ Towing Charges: $ ______________ Towing Company Name:_________________________________________________________________________________ Address: __________________________________________Location and Postal Code:______________________________ _________________________________________________ ________________________________________________ Driver’s/Owner’s Signature Tow Truck Operator’s Signature Location of Impoundment Garage Name:__________________________________________________________________________________________ Location:______________________________________________________________________________________________ Garage Keeper’s Signature:_______________________________________________________________________________ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 1 Designated official 2 Garage Keeper 3 Owner/Operator 4 Tow Truck Operator 13 VEHICLE IMPOUNDMENT (PUBLIC ORDER), 2007 T-18.1 REG 4 FORM C Report and Return of Garage Keeper —Sale [Section 8] STATUTORY DECLARATION OF VEHICLE IMPOUNDMENT I, ___________________________________________________________________________________________________ , of___________________________________________________________________________________________________ , carrying on the business of garage keeper at_________________________________________________________________ , (address) DO SOLEMNLY DECLARE: with respect to the following vehicle: Year___________________ Make/Model:_______________________________VIN:______________________________ Plate Number:_____________________________________________Province of Issue: _____________________________ This vehicle was sold/disposed of on_________________________,___________ for the amount of $_________________ . (Date) Attached is a copy of the bill of sale and the vehicle licence plates. The towing cost for this vehicle is $ _________________ ; towed by______________________________________________________________________________________________ (Company Name) ________________________________________________________________________________________________________________ . (Address) The storage cost for the above vehicle is $ _________________ ; stored by______________________________________________________________________________________________ (Company Name) ________________________________________________________________________________________________________________ (Address) I MAKE THIS SOLEMN DECLARATION conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of the Canada Evidence Act. Declared before me at ____________________________ Saskatchewan this ____________________________ day _______________________________________________ of_____________________________,_______________ Garage keeper’s Signature ______________________________________________ A Commissioner for Oaths in and for Saskatchewan My Appointment expires ___________________________, ___________. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 1 Designated official 2 Garage Keeper 14 VEHICLE IMPOUNDMENT T-18.1 REG 4 (PUBLIC ORDER), 2007 Form D Declaration of Garage Keeper [Section 11] STATUTORY DECLARATION I, _______________________________________________________, of_________________________________________ carrying on the business of a garage keeper at _______________________________________________________________ , DO SOLEMNLY DECLARE, with respect to the following vehicle: Year_______________, Make/Model: _______________________________________ VIN: _________________________ Plate Number:______________________________________Province of Issue: ____________________________________ 1 THAT by reason of subsection 175(2) of The Traffic Safety Act, I have a lien on the above vehicle for __________________________________________________________________________________________________ (specify, e.g. towing and/or storage) 2 THAT my lien is, as at the __________ day of _________________ , _________ , in the amount of $ ____________ . 3 THAT in my opinion the vehicle is worth no more than $ _________________. 4 THAT attached is a copy of the lien search done through The Personal Property Security Act, 1993. I MAKE THIS SOLEMN DECLARATION conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of the Canada Evidence Act. Declared before me at ____________________________ Saskatchewan this ____________________________ day of_____________________________,_______________ ______________________________________________ Garage keeper’s Signature ______________________________________________ A Commissioner for Oaths in and for Saskatchewan My Appointment expires ___________________________, ___________. REQUEST FOR CONSENT TO SALE I, ___________________________________________________________________________ , having solemnly declared the contents of the above Statutory Declaration, request the consent of the designated official to the sale of the above vehicle at public auction pursuant to subsection 176(1) of The Traffic Safety Act. DISPOSITION BY DESIGNATED OFFICIAL The designated official consents to consent to the sale of the above vehicle. The designated official declines to consent to the sale of the above vehicle. _____________________________________________ ____________________________________________ (Signature of Designated Official) (Date) ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 1-2 Designated official 3 Garage keeper 15 VEHICLE IMPOUNDMENT (PUBLIC ORDER), 2007 T-18.1 REG 4 FORM E Application to Justice for Release of Motor Vehicle [Clause 13(1)(a)] This is an application for release of a motor vehicle that was seized pursuant to Division 3 of Part XV of The Traffic Safety Act (a copy of Form A, Notice of Seizure and Impoundment or Immobilization, is attached). Note: An application fee of $100 must accompany this application. Payment may be made by certified cheque, money order or cash. Payments may also be made by debit card, MasterCard or Visa at some offices of the Provincial Court of Saskatchewan. I am the owner of the motor vehicle: Yes No (If not the owner, explain interest in vehicle) _____________________________________________________________________________________________________ ___________________________________________________ _______________________________________ (Signature of Applicant) (Date) Name of Applicant: _____________________________________________________________________________________ Address: ______________________________________________________________________________________________ Telephone Number: __________________________ FOR OFFICIAL USE ONLY __________________________________________ ________________________________________________________ Date Application Fee Received Office of Provincial Court Receiving Fee Fax to Designated Official at (306) 787-8084 HEARING OF AN APPLICATION FOR RELEASE OF MOTOR VEHICLE For the use of the Provincial Court Clerk: Date and time of hearing:_________________________________________________________________________________ Place of hearing:________________________________________________________________________________________ Method used to advise applicant of date, time and place of hearing: _______________________________________________ ________________________________________________ (Signature of Court Clerk) DISPOSITION OF APPLICATION Designated official is ordered to release motor vehicle: Yes No Designated official is ordered to return application fee: Yes No ____________________________________________ ________________________________________________ (Signature of Justice or Court Clerk) (Date) NOTICE TO APPLICANT RIGHT OF APPEAL A person who is dissatisfied with this decision may appeal this decision to a judge of the Court of Queen’s Bench, within 30 days of this decision. CERTIFICATE AUTHORIZING RELEASE If release of the vehicle is authorized, a Certificate Authorizing Release by Garage Keeper will be issued by the Designated Official on payment of the release fee of $50. You may pay the fee at any office of the Provincial Court in Saskatchewan by certified cheque, money order or cash. Payments may be made by debit card, MasterCard or Visa at some offices of the Provincial Court of Saskatchewan. The Certificate Authorizing Release by Garage Keeper will be faxed directly to the Garage Keeper after the Designated Official receives confirmation of payment of the issuance fee. FOR OFFICIAL USE ONLY __________________________________________ ________________________________________________________ Date $50 Release Fee Received Office of Provincial Court Receiving Fee Fax to Designated Official at (306) 787-8084 16 VEHICLE IMPOUNDMENT T-18.1 REG 4 (PUBLIC ORDER), 2007 REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN’S PRINTER Copyright©2018