RECOVERING A SEIZED VEHICLE

Transcription

1 Société de l assurance automobile du Québec RECOVERING A SEIZED VEHICLE

2 HOW TO RECOVER YOUR VEHICLE AFTER THE SEIZURE PERIOD? After the seizure period, the owner of the vehicle must make an appointment with the pound custodian, go to the pound and pay the towing and impoundment fees as well as applicable taxes. These fees are set by regulation and posted at The owner must recover the vehicle within 10 days following the end of the impoundment period. 2

3 WHAT HAPPENS IF THE VEHICLE IS NOT RECOVERED WITHIN 10 DAYS? The Société de l assurance automobile du Québec (SAAQ) sends a notice to the owner and creditors within the following 15 days. If the owner does not recover the vehicle following this notice, the SAAQ will dispose of the vehicle as follows: > Vehicles valued at $3,000 or less The SAAQ will discard the vehicle and give it to the pound custodian in payment of the towing and impoundment fees. The owner must pay the SAAQ s administrative fees, or lose the right to obtain a driver s licence or register a vehicle. > Vehicles valued at more than $3,000 The SAAQ will dispose of the vehicle by auction sale. In addition to covering administrative costs, proceeds from the sale are used to reimburse the pound custodian, settle any liens on the vehicle and any unpaid fines and fees owed by the owner of the vehicle. The remaining balance, if any, is remitted to the vehicle owner. 3

4 YOU ALSO HAVE A RIGHT TO AN APPEAL WHAT IS THE PURPOSE OF THIS APPEAL? To apply to recover the vehicle before the end of the impoundment period. WHO HAS A RIGHT TO AN APPEAL? You may file an appeal if you are the owner of a vehicle which has been seized and impounded for 7, 30 or 90 days and can show that you are in one of the following situations. IF THE OWNER WAS NOT THE DRIVER If you own the vehicle but were not the driver when the vehicle was seized, the following justifications can be used in your application for vehicle release from seizure. This request can be sent either to the SAAQ or the Court of Québec. > You were unaware that the licence of the driver was under penalty despite having made reasonable inquiries to determine the status of the licence. 4

5 > You were unaware that the driver did not hold a class of licence authorizing the operation of the vehicle despite having made reasonable inquiries to determine the status of the licence. > You had not allowed the driver to have possession of your vehicle. > You could not reasonably foresee that the driver would operate or have the care or control of the vehicle with a blood-alcohol level in excess of 80 mg per 100 ml of blood. > You could not reasonably foresee that the driver would fail to comply, without a reasonable excuse, with an order from a peace officer to provide a breath or blood sample. > You could not reasonably foresee that the driver would commit an excessive speeding offence in a zone of 60 km/h or less. REASONS Exclusive TO THE COURT OF QUÉBEC Only the following justifications can be used in your Motion for Release from Seizure form if one of the reasons for the vehicle seizure falls within the exclusive jurisdiction of the Court of Québec. Street racing or car surfing > You could not reasonably foresee that the road vehicle would be used in a street race, or for a wager or stake. > You could not reasonably foresee that someone would hold onto or ride on the running board, an outer part of the vehicle, or in the box or dump body of the vehicle in motion. > You could not reasonably foresee that someone would hold onto or be pulled or pushed by the vehicle in motion. 5

6 IF THE OWNER WAS THE DRIVER If you own the vehicle and were the driver when the vehicle was seized AND the vehicle was seized for driving under penalty (reasons 20 and 21), only the following justification can be used. > You were unaware that your licence was under penalty. This justification can be used both in an Application for Vehicle Release from Seizure filed with the SAAQ or a Motion for Release from Seizure filed with the Court of Québec. NOTE: There is no right to an appeal for a vehicle owner who drove a vehicle and did not hold a driver s licence or the appropriate class of licence. If you own the vehicle and you were the driver when the vehicle was seized AND the vehicle was seized for one or more of the following reasons: > Reason 33 or 34: blood-alcohol level in excess of 80 mg per 100 ml of blood; > Reason 35: refusal to provide a breath or blood sample; > Reason 36: refusal to obey an order with a criminal record or a previous offence for failing to stop at the scene of an accident or while being pursued by a peace officer; > Reason 40: excessive speeding in a zone of 60 km/h or less; you will be able to recover your vehicle if you demonstrate to the SAAQ that you did not commit the offence that resulted in the seizure. 6

7 To do so, complete and file an Application for Review of Suspension of a Licence or the Right to Obtain One form. This request falls within the exclusive jurisdiction of the SAAQ. You must file one Application for Review of Suspension of a Licence or the Right to Obtain One form for each reason for the licence suspension. The following justifications can be used in an Application for Review of Suspension of a Licence or the Right to Obtain One: > You were not driving or did not have the care or control of the vehicle. > Your blood-alcohol level was not in excess of 80 mg per 100 ml of blood. > Your blood-alcohol level was not in excess of 160 mg per 100 ml of blood. > You had a reasonable excuse to refuse to comply with the order of a peace officer to provide a breath or blood sample. > You were not driving at a speed that qualifies as excessive speeding in a zone of 60 km/h or less. REASONS Exclusive TO THE COURT OF QUÉBEC If you own the vehicle and were the driver when the vehicle was seized AND the vehicle was seized for one or more reasons, including street racing or car surfing, only the following justifications can be used in a Motion for Release from Seizure form where one of the reasons for the vehicle seizure falls within the exclusive jurisdiction of the Court of Québec. 7

8 Street racing or car surfing > You did not drive the vehicle in a street race, or for a wager or stake. > As the driver, you did not tolerate a person holding onto or riding on the running board, an outer part of the vehicle, or in the box or dump body of the vehicle in motion. > As the driver, you did not tolerate a person holding onto or being pulled or pushed by the vehicle in motion. If your vehicle was seized under the Act respecting owners, operators and drivers of heavy vehicles, you must file your application with the Commission des transports du Québec. Note REGARDLESS OF WHETHER THE OWNER WAS THE DRIVER If the reason or one of the reasons for the vehicle seizure is: > street racing (reason 60); > a reason related to car surfing (reason 61 or 62); these reasons fall within the exclusive jurisdiction of the Court of Québec. You must present your Motion for Release from Seizure before a judge of the Court of Québec, who will then hear all the reasons for the seizure (ref. 8

9 HOW TO APPLY? Application to the SAAQ Application for vehicle release from seizure 1. Fill out and sign the Application for Vehicle Release from Seizure form, available at SAAQ service centres or online at 2. Submit the Application for Vehicle Release from Seizure form with a copy of the Procèsverbal de saisie de véhicule routier (statement of seizure): in person at an SAAQ service centre; by mail to: Service du suivi du privilège de circuler Société de l assurance automobile du Québec Case postale 19500, succursale Terminus Québec (Québec) G1K 8J5; by fax: or No application for vehicle release will be considered unless all the required documents are submitted. Application for review of licence suspension 1. Fill out and sign the Application for Review of Suspension of a Licence or the Right to Obtain One form, available at SAAQ service centres or online at 9

10 2. Enclose the following required documents: The original copy of the Procès-verbal de saisie de véhicule routier (statement of seizure); The original copy of the Procès-verbal de suspension du permis ou du droit d en obtenir un (statement of licence suspension); The original certificate from a qualified lab technician if you underwent a blood-alcohol test. 3. Submit the review application: in person at an SAAQ service centre; by mail to: Service de la révision (act. 1462) Société de l assurance automobile du Québec Case postale 19500, succursale Terminus Québec (Québec) G1K 8J5; by fax: The review application may not be submitted by fax, since original documents are required. The documents will be returned to you by mail along with the decision on your application. No application for review will be considered unless all the required documents are submitted. Motion before the Court of Québec 1. Fill out and sign the Motion for Release from Seizure form, available at courthouses or at 2. File the motion of release with the clerk of the Court of Québec. 3. Notify the SAAQ of the motion. To do so, submit a copy of the motion along with the Procès-verbal de saisie de véhicule routier (statement of seizure) in person at an SAAQ service centre at least two days (excluding Saturdays and Sundays) before the motion is presented before a judge. 10

11 WHAT HAPPENS AFTER THE DECISION IS RENDERED? If the decision is in your favour, the SAAQ will inform you that your vehicle is released from seizure. You can then go to the pound and recover your vehicle on payment of towing and impoundment fees as well as applicable taxes. If the Court of Québec renders a judgment in your favour, you must go to the pound with a copy of the judgment authorizing the release of the vehicle. You can recover your vehicle on payment of towing and impoundment fees as well as applicable taxes. If the decision is not in your favour, the vehicle seizure will be upheld for 7, 30 or 90 days. 11

12 FOR FURTHER INFORMATION By Internet By telephone Québec (city and vicinity): Elsewhere: , toll free (Québec, Canada, USA) This document is not a text of law. For any reference of a legal nature, please consult the Highway Safety Code and attendant regulations. Contains 100% recycled post-consumer fibre. Certified EcoLogo. Processed Chlorine Free. Manufactured using biogas energy. C-5321-A (13-03)