Ontario Highway Traffic Act #8 - Compulsory Automobile Insurance Act - PDF

www.opcva.ca Highway Traffic Act #8 Compulsory Automobile Insurance Act / Traffic Officer Safety Version: June 2020 © Queen's Printer for Ontario, 2018 Review Charge Of The Day: Potter 2 POTTER On today’s date at 0730 hours, you were patrolling on Carlaw Avenue in the city of Ottawa. You not...

www.opcva.ca Highway Traffic Act #8 Compulsory Automobile Insurance Act / Traffic Officer Safety Version: June 2020 © Queen's Printer for Ontario, 2018 Review Charge Of The Day: Potter 2 POTTER On today’s date at 0730 hours, you were patrolling on Carlaw Avenue in the city of Ottawa. You noticed the vehicle in front of you, a Chrysler Lic: Ont AWS 798. The valtag was placed in the upper left corner of the licence plate. You stopped the vehicle, the driver produced a valid drivers licence and insurance card, but was unable to produce the permit for the motor vehicle. The driver was unaware of the improper placement of the validation sticker. You advise the driver, to put the valtag in the upper right corner. A cpic check reveals he is the registered owner. You charge the driver with………….. 3 4 Traffic Quiz #3 Permits 5 Question #1 A person has sold their motor vehicle. They are required to remove the number plates from the vehicle and retain _______________ a) the vehicle portion of the permit. b) the plate portion of the permit. c) the registration. d) the safety standards certificate. 6 Question #2 Every person shall, within _________ days after becoming the owner of a motor vehicle or trailer for which a permit has been issued, apply to the Ministry, on the form provided, for a new permit for the vehicle. a) 3 b) 6 c) 14 d) 30 7 Question #3 When applying for a new permit for a used motor vehicle after taking ownership, the new owner must produce a safety standards certificate issued within the preceding _________ days. a) 30 b) 36 c) 15 d) 90 8 Question #4 Every driver of a motor vehicle on a highway shall carry, a permit for it or a true copy thereof; and where the motor vehicle is drawing a trailer, the permit for the trailer or a true copy thereof, and a) should surrender the permits for inspection to a police officer. b) shall surrender the permits or copies for inspection upon the request of a police officer. c) shall have the permits or copies available within a reasonable amount of time. d) shall surrender the permits or copies for inspection upon the demand of a police officer. 9 Question #5 A permit for a commercial motor vehicle ceases to be currently validated with the expiration of the ____________ shown on the permit. a) month and year b) day month and year c) final day of the month indicated on the permit d) birth date of the registered owner 10 Review • • • • • Seller Responsibility Buyer Responsibility Temporary Permit 10 Day Permit Special Permit Dealer Plates 11 Objectives • Compulsory Automobile Insurance Act • Traffic Control • Vehicle Stops 12 C.A.I.A. Automobile Insurance is ___________ ? • Mandatory; All motor vehicles driving on Ontario highways must be insured 13 Compulsory Automobile Insurance Act 2. (1) Subject to the regulations, no owner or lessee of a motor vehicle shall, (a) operate the motor vehicle; or (b) cause or permit the motor vehicle to be operated, on a highway unless the motor vehicle is insured under a contract of automobile insurance Motor Vehicle as defined in the HTA 14 Sections to Know For the purposes of enforcement you need to know these 4 sections: • CAIA 2, 3, 4, & 13.1(1) 15 Motor Vehicle • Motor Vehicle – Highway Traffic Act Definition and also – includes trailers and accessories and equipment • 1(1) CAIA 16 Exemptions • • • Governor General Department of Government of Canada Operator of motor vehicle owned or leased by Governor General or Dept. of Government of Canada • Member of Conservative Mennonite Automobile Brotherhood Assistance Plan. – O.Reg 95 Sec 1, 2 17 Insurance Cards 18 Operator Responsibility • Have in the motor vehicle – Insurance card for the motor vehicle, or – Insurance card showing driver is insured • Surrender for inspection on demand – 3(1) CAIA 19 Insurance Documents What may the operator produce as the insurance card? • Motor Vehicle Liability Insurance Card (Pink Slip) • Policy or a certificate of insurance (contract) • As of September 5th, 2019, electronic proof of insurance on a smart phone or device is allowed. – 1(1) CAIA 20 Surrender of Documents You stop a motor vehicle. The motor vehicle is owned by someone other than the driver. The driver cannot surrender a valid insurance card for the motor vehicle but surrenders an insurance card from another vehicle showing that the driver is insured. Is this lawful? – Yes – 3(1)(b) 21 Operator Offences What may an operator of a vehicle be charged with under the C.A.I.A.? • Fail to have insurance card • Fail to surrender insurance card – 3(1) CAIA – set fine $50.00 • Fail to disclose particulars of insurance (i.e. at an MVC) – 4(1) CAIA – N.S.F. 22 Owner Responsibility • • Must have insurance when the motor vehicle is operated or permitted to be operated on the highway. 2(1) 23 Owner Insurance Offences What may an Owner of a vehicle be charged with under the C.A.I.A.? • Owner operate motor vehicle on a highway – no insurance 2(1)(a) • Owner cause/permit operation of motor vehicle on a highway – no insurance 2(1)(b) – May only charge owner with no insurance offences • No Set Fine - minimum fine $5,000.00 24 Owner False Insurance Card • Owner / lessee – Surrender insurance card or – Purporting to show insurance – When not insured • 2(3)(b) CAIA • No Set Fine – min fine $5,000.00 25 False Insurance Card • Person knowingly – Possess – Use – Sell, give, deliver, distribute False / invalid insurance card – 13.1(1) CAIA • No Set Fine – minimum $10,000 26 POA Forms • Part III for most offences – WHY? – High Fines require us to use Part III • Part I – Fail to surrender insurance card Sec 3 • Set fine $50.00 max fine $400.00 – Fail to disclose particulars Sec 4 • NSF – max fine $400.00 27 Limitation Period • • How long do you have to “commence proceedings” for an offence under 2(1) or 2(3)(b) or 13(2) under the C.A.I.A.? Three years to commence proceedings for: – 2(1) owner operate / permit – no insurance – 2(3)(b) owner surrender false evidence – 13(2) make false statement. 2 (10) CAIA 28 Documentation for Court Insurance company does not exist • Require certified document from the superintendent of the “Financial Services Commission of Ontario ” that states insurance company does not exists. 29 Certified document Financial Services Commission o/Ontario Act, 1997, S.O. 1997, c. 28 CERTIFICATE OF STATUS PURSUANT to section 16 of the Financial Services Commission of Ontario Act, 1997, this shall certify that a search of the records of the Financial Services Commission of Ontario was conducted to determine whether an entity purporting to carry on the business of insurance under the name(s) of: List name(s Was/were properly licensed to do so as of <insert date> There is/are no licensed insurer(s) in Ontario under the name (s): <LIST NAME(S)> As of <insert date as above> This certificate constitutes an official document and is current as at the date of signing for the purposes of section 17 of the Financial Services Commission of Ontario Act and shall be received in evidence in any proceeding as proof, in the absence of evidence to the contrary, of the facts stated herein. Signed at Toronto, this day of , 201 . __________________________________ Shonna Neil Senior Manager, Licensing Licensing and Market Conduct Division By delegated authority from the Superintendent of Financial Services 30 Court Documentation E-mail your information to : • [email protected]. • Takes approx. 5 days for response 31 Insurance Questions • Insurance Questions in the CAIA Workbook in the Virtual Academy. • You are responsible for this material • Complete on your own time 32 TRAFFIC OFFICER SAFETY 33 Your Vest Won’t Stop This Bullet 34 Approaching Stopped Emergency Vehicle • Approaching an emergency vehicle that is stopped on a highway with its emergency lights activated • Driver of a vehicle travelling on the same side of the highway must slow down, proceed with caution, having due regard for traffic on and the conditions of the highway and the weather • S159(2) HTA 35 Approaching Stopped Emergency Vehicle “Move Over” Law 36 Approaching stopped emergency vehicle “Move Over” Law • Driver must slow down, proceed with caution and move into the other lane if the movement can be made in safety. • 159 (3) 37 Approaching stopped emergency vehicle “Move Over” Law 38 Traffic Control • Safety First – Consider all road users safety incl. officer • Wear proper equipment – High Visibility Garment (florescent vest or jacket and hat cover) OHSA requirement – Whistle – White or reflective gloves– Flashlight w/orange or green cone (night low light) 39 Traffic Control • Follow guideline in OPC manual • Follow your service policy • Use equipment at your disposal: – flares – cones – barricades or barricade vehicles (“Crash trucks”) – Police, EMS or Fire vehicles 40 Traffic Control Read the Traffic Control Workbook located on the virtual academy for further information. 41 Traffic Control 42 Traffic Control 43 44 45 Charge of the day – Pilkington Next class – Rules of The Road 46