Q&A - My Fault Friend's Car Impounded

Q&A ImageI was driving my friends car without him knowing that i had no drivers licence. we got pulled over and the car got impounded for 30 days. he has a full time job and cannot go without a car. i on the other hand, am disabled, and cannot work and is willing to do what ever it takes to get his car out of impound so he can go to work. i will go to jail for a month or long because i know i was wrong.


Consequences of Misplaced Trust

Ouch! No doubt your friend is not too happy with you.

One option is to rent him a car for the duration of the impoundment. That way he has something to drive while is car is in jail.

The other is to have the impoundment reviewed:

Review of impoundment

256 (1) The owner of a motor vehicle impounded under section 215.46 (2) for a period of 30 days or under section 251 (1) for a period of 30 or 60 days may, within 15 days after the impoundment begins, apply to the superintendent for a review of the impoundment by

(a) filing an application for review with the superintendent, and

(b) paying to the superintendent the prescribed hearing fee.

(2) An application for review must be in the form, contain the information and be completed in the manner required by the superintendent.

(3) An applicant may attach to the application for review any statements or other evidence that the applicant wishes the superintendent to consider.

(4) The filing of an application for review does not stay the impoundment of the motor vehicle.

(5) The superintendent is not required to hold an oral hearing unless the applicant

(a) requests an oral hearing at the time of filing the application for review, and

(b) pays the prescribed oral hearing fees.

(6) If a person requests an oral hearing and fails to appear on the date and at the time and place arranged for the hearing, without prior notice to the superintendent, the right to an oral hearing is deemed to have been waived by the person.

I don't know if the 15 days has elapsed yet or not, but you will find the instructions for review on the blue impoundment form that was given to you at the roadside. Grounds for the review requested by your friend are set out here:

Decision of superintendent on review of impoundment

258 (1) If, after considering an application for review made under section 256 by an owner who was not the driver or operator of the motor vehicle at the time the motor vehicle was impounded, the superintendent is satisfied

(b) that the owner exercised reasonable care and diligence in entrusting the motor vehicle to the person who was, at the time of the impoundment, in possession of the motor vehicle,the superintendent must

(f) revoke the impoundment, and

(g) subject to the lien described in section 255 (2), order the person who has custody of the motor vehicle to release the motor vehicle to the owner or a person authorized by the owner.

Since there is no longer consideration for hardship, his only real chance is to try and convince the Superintendent that he made inquiries and because of them thought that you were properly licenced to drive his vehicle. Remember that this is not a situation that you would want to get caught in a lie over and you may wish to seek legal advice before the application for review.

Are you aware that when you are unlicenced, you are also uninsured? Had you crashed your friend's car he would have been out of luck then too.

Google Ads