C-24.2 - Highway Safety Code

Section 209.14 Disposition versions

2012-06-30

209.14. Sections 209.11, 209.12 and 209.13 must not be interpreted as preventing the Société from authorizing the recovery of a vehicle by its owner, on payment of the towing and impounding costs incurred by the custodian, provided the owner proves to the Société that the conditions set out in section 209.11 are met.

If a vehicle driven by its owner is seized under section 209.2.1 or 209.2.1.1, recovery of the vehicle may only be authorized if the owner proves to the Société that he did not commit the offence that gave rise to the seizure and pays the costs referred to in the first paragraph.

If the vehicle is seized on two or more grounds none of which is under the exclusive jurisdiction of a judge of the Court of Québec, recovery of the vehicle may only be authorized if the owner proves to the Société that all the conditions for recovering the vehicle that are applicable to the situation are met.

The refusal by the Société to authorize recovery of the vehicle under the second paragraph may be contested before the Administrative Tribunal of Québec, according to the terms set out in sections 202.6.11 and 202.6.12.

The rules set out in sections 202.6.3 to 202.6.5 and 202.6.7 to 202.6.10 apply, with the necessary modifications, to an application for the recovery of a vehicle made under this section.

1996, c. 56, s. 65; 2007, c. 40, s. 43; 2010, c. 34, s. 39.

2008-12-07

209.14. Sections 209.11 to 209.13 must not be interpreted as preventing the Société from authorizing the recovery of a vehicle by its owner, on payment of the towing and impounding costs incurred by the custodian, provided the owner meets the following conditions:

(1)  in the case of a seizure under section 209.1 or 209.2, the owner establishes to the satisfaction of the Société that subparagraph 1 or 2 of the first paragraph of section 209.11 applies;

(2)  in the case of a seizure under section 209.2.1

(a)  while the owner was the driver and

i.  the vehicle was seized under subparagraph 1 of the first paragraph of section 209.2.1, the owner obtains the lifting of the licence suspension under section 202.6.6;

ii.  the vehicle was seized under subparagraph 2 of the first paragraph of section 209.2.1, the owner establishes by a preponderance of evidence that the owner was driving or had the care or control of the road vehicle without having consumed alcohol in such a quantity as to have a blood alcohol concentration level in excess of 160 mg of alcohol in 100 ml of blood; or

iii.  the vehicle was seized under subparagraph 3 of the first paragraph of section 209.2.1, the owner obtains the lifting of the licence suspension under section 202.6.6;

(b)  while the owner was not the driver and

i.  the vehicle was seized under subparagraph 1 or 2 of the first paragraph of section 209.2.1, the owner establishes to the satisfaction of the Société that the owner could not reasonably foresee that the driver would drive or have the care or control of the vehicle with a blood alcohol concentration level in excess of 80 mg of alcohol in 100 ml of blood; or

ii.  the vehicle was seized under subparagraph 3 of the first paragraph of section 209.2.1, the owner establishes to the satisfaction of the Société that the owner could not reasonably foresee that the driver would, without a reasonable excuse, fail to comply with a peace officer’s demand under section 254 of the Criminal Code (R. S. C., 1985, c. C-46);

(3)  in the case of a seizure under section 209.1 or 209.2 and under section 209.2.1, the owner meets the conditions of subparagraphs 1 and 2 of this paragraph.

Sections 202.6.3 to 202.6.5 and 202.6.7 to 202.6.12 apply to any application made under subparagraph 2 of the first paragraph

1996, c. 56, s. 65; 2007, c. 40, s. 43.

1997-12-01

209.14. The provisions of sections 209.11 to 209.13 shall not be construed as preventing the Société or a person designated by it from authorizing the recovery of a vehicle, on payment of the towing and impounding costs incurred by the custodian, if the owner establishes to the satisfaction of the Société or the designated person that subparagraph 1 or 2 of the first paragraph of section 209.11 applies in his case.

1996, c. 56, s. 65.