There are two types of vehicle impoundments, Police Seizures and the SGI Vehicle Impoundment Program, each with their own appeal process.
SGI Vehicle Impoundment Program
The Vehicle Impoundment Program (VIP) impounds people’s vehicles who have been driving while disqualified or while their driver’s licence is suspended. Additional information about VIP can be found on SGI's website.
Who can make a vehicle impoundment appeal?
- the owner of the motor vehicle;
- the unauthorized driver;
- a person who’s health would be seriously threatened by the continued immobilization or impoundment;
- a person, other than the unauthorized driver, who would suffer extreme hardship as a result of the continued immobilization or impoundment; or
- a person authorized by a person mentioned above.
What am I appealing?
You are appealing the impoundment of your vehicle. Law enforcement can impound your vehicle if:
- the driver is disqualified or suspended from driving;
- the driver has completed a disqualification or suspension period, but has not renewed his or her licence;
- the driver has a previous conviction for driving without a licence in the last five years and currently has no valid licence; or
- the driver is entitled to use an ignition interlock devise, but is operating a vehicle that does not have one.
The onus of proof rests with you. You must demonstrate to the HTB that you meet one of the following grounds:
- the vehicle owner reported the vehicle stolen.
- the unauthorized driver was in possession of the motor vehicle without the knowledge and consent of the owner.
- the owner couldn’t have reasonably known of the driver’s disqualification.
- the driver couldn’t have reasonably known of his/her own disqualification.
- the continued impoundment could pose a serious threat to the health of any person.
- the continued impoundment could pose extreme hardship for person(s) other than the suspended driver.
In dealing with the 60-day impoundment, there is also an onus on the police officer and SGI to ensure the proper process was followed when impounding a vehicle for 60 days.
Filing for a vehicle impoundment (early release) appeal
You can apply for an early release hearing before the HTB. To have your case heard, you must:
- visit any SGI motor licence issuer
- fill out the required form
- pay a $100 fee
Once the HTB receives your file, you will be contacted by phone to schedule a hearing date and time. Your case will be heard within three working days.
What to expect at the impoundment hearing
The hearing is conducted by phone. You will be contacted by HTB staff on the agreed upon date and time.
There will be two Board members, the HTB coordinator and you at the phone hearing. The coordinator will introduce everyone and read the background information to you. The Board members will then determine the grounds you are applying under and their questions will be based around those grounds.
Decisions
If the HTB is satisfied that you meet one of the grounds for early release:
- your vehicle will be released; and,
- you will be refunded the $100 hearing fee ($50 is refunded and $50 goes to a release certificate).
If the HTB is not satisfied that you meet the grounds for early release:
- your vehicle will remain impounded; or,
- the impoundment time will be shortened (from a 60-day impoundment to a shorter duration); and
- you will not receive a refund for the $100 hearing fee.
The decision will be communicated to you by phone shortly after your appeal hearing. Decisions made by the HTB with regards to your appeal are final and binding.
Police Seizures
Law enforcement can seize a vehicle if the officer believes it is being driven against the law or the vehicle poses a hazard to other road users. You must appeal to the Highway Traffic Board (HTB) to have your vehicle released from impoundment. Police seizures are enforced under Section 280 of The Traffic Safety Act.
Filing for a vehicle seizure appeal
You can apply for a hearing before the HTB. To have your case heard, you must send a written request to the Board
Once the HTB receives your file, you will be contacted by phone to schedule a hearing date and time. Your case will be heard within five working days.
What to expect at the seizure hearing
The hearing is conducted by phone. You will be contacted by HTB staff on the agreed upon date and time.
The HTB will determine how long your vehicle remains seized based on the severity of the violation(s) and public interest (threat to public safety). It should be noted, the HTB will not consider any type of “hardship” as a ground under this type of appeal.