TESTING, REPAIR AND COMPLIANCE REQUIREMENTS FOR UNSAFE VEHICLES UNDER SECTION 82 OF THE ACT

Evidence of repair and compliance 1. (1) The following may be required as evidence, for the purpose of clause 82 (4) (b) or subsection 82 (5) of the Act, that a vehicle and its equipment have been repaired as required by subsection 82 (4) or (5) of the Act and comply with the requirements of the Act and the regulations: 1. Repair orders, work orders and parts invoices. 2. A safety standards certificate. 3. An annual inspection certificate or semi-annual inspection certificate. 3.1 An emissions inspection certificate as defined in Ontario Regulation 170/22 (Vehicle Inspection Centres) made under the Act. 4. Supporting documentation, including examination or test results and measurements. O. Reg. 381/02, s. 1 (1); O. Reg. 171/22, s. 1. (2) The evidence of repair and compliance may be required in the form of original documents or photocopies. O. Reg. 381/02, s. 1 (2). (3) The evidence of repair and compliance shall be submitted by a method specified in the notice served pursuant to subsection 82 (6) of the Act. O. Reg. 381/02, s. 1 (3). (4) The notice may specify that the evidence be submitted to the person or office specified in the notice, (a) personally; (b) by registered mail; (c) by courier; (d) by fax; or (e) by email. O. Reg. 381/02, s. 1 (4); O. Reg. 139/21, s. 1. (5) The evidence must be received by the person or office specified in the notice by the date specified in the notice. O. Reg. 381/02, s. 1 (5). Exemption if vehicle plates and permit surrendered or “unfit” permit issued 2. (1) An owner of a vehicle or operator of a commercial motor vehicle, upon receiving a notice to have the vehicle examined and tested under subsection 82 (3) of the Act or repaired under subsection 82 (4) or (5) of the Act may, instead of having the vehicle or its equipment examined and tested or repaired, surrender the number plates and permit for the vehicle to the person or office specified in the notice or provide that person or office with proof that a vehicle permit marked “unfit” has been issued for the vehicle. O. Reg. 381/02, s. 2 (1). (2) The requirements in subsections 82 (3), (4) and (5) of the Act that an owner or operator have a vehicle examined and tested or repaired and submitted for further examinations and tests and that the owner or operator submit evidence that the vehicle and its equipment comply with the Act and the regulations do not apply to a person who complies with the alternative requirements set out in subsection (1). O. Reg. 381/02, s. 2 (2). (3) Subsections 1 (2), (3), (4) and (5) apply, with necessary modifications, to the proof required to be submitted under this section. O. Reg. 381/02, s. 2 (3). Rules for service of notices 3. (1) A notice required under subsection 82 (6) of the Act shall be served on the owner of a vehicle either by serving the driver as provided in subsection 82 (7) of the Act or, (a) at the most recent address, fax number or email address for the owner in the Ministry’s records; (b) at the address, fax number or email address appearing on the certificate of registration for the vehicle or, where the certificate of registration consists of a vehicle portion and plate portion, at the address, fax number or email address appearing on the plate portion; or (c) at any address, fax number or email address at which the police officer or officer appointed for the purpose of carrying out the provisions of the Act who serves the notice reasonably believes the order will come to the owner’s notice, including the address, fax number or email address of any of the owner’s places of business. O. Reg. 381/02, s. 3 (1); O. Reg. 139/21, s. 2 (1). (2) A notice required under subsection 82 (6) of the Act shall be served on the operator of a commercial motor vehicle either by serving the driver as provided in subsection 82 (7) of the Act or, (a) at the most recent address, fax number or email address for the operator in the Ministry’s records; (b) at the address, fax number or email address appearing on the CVOR certificate, produced by the driver or other person in charge of the commercial motor vehicle; (c) at the address, fax number or email address appearing in the lease or contract described in subsection 16 (3) of the Act that is produced by the driver or other person in charge of the commercial motor vehicle; (d) at the address, fax number or email address appearing in the certificate of registration for the commercial motor vehicle or, where the certificate of registration consists of a vehicle portion and plate portion, at the address, fax number or email address appearing on the plate portion; or (e) at any address, fax number or email address at which the police officer or officer appointed for the purpose of carrying out the provisions of the Act who serves the notice reasonably believes that the order will come to the operator’s notice, including the address, fax number or email address of any of the operator’s places of business. O. Reg. 381/02, s. 3 (2); O. Reg. 139/21, s. 2 (1). (3) A notice may be served on the owner or operator of the vehicle, (a) personally; (b) by registered mail; (c) by regular mail; (d) by courier; (e) by fax; or (f) by email. O. Reg. 381/02, s. 3 (3); O. Reg. 139/21, s. 2 (2). (4) A notice shall be deemed to have been served on an owner or operator of the vehicle, (a) on the day it was personally served; (b) on the fifth day after it was mailed; (c) on the fifth day after it was given to the courier; or (d) on the first day after it was sent by fax or email. (e) Revoked: O. Reg. 139/21, s. 2 (3). O. Reg. 381/02, s. 3 (4); O. Reg. 139/21, s. 2 (3). (5) If the day described in clause (4) (b), (c) or (d) is a holiday, the notice shall be deemed to have been served on the next day that is not a holiday. O. Reg. 381/02, s. 3 (5); O. Reg. 139/21, s. 2 (4). Defects 4. A motor vehicle has a prescribed defect for the purposes of subsection 82 (12) of the Act if it fails to comply with the standards required by section 75.1 of the Act that are set out in Ontario Regulation 169/22 (Vehicle Emissions) made under the Act. O. Reg. 171/22, s. 2. 5. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 381/02, s. 5.