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Vehicle Impoundment

A vehicle impoundment is a vehicle seizure based on the actions of the driver at the time of the offence. The vehicle does not have to belong to the driver to be seized. Additional information about Saskatchewan Government Insurance (SGI) Vehicle Impoundment Programs can be found on SGI's website.

Vehicle impoundments can be appealed through the Highway Traffic Board (HTB). You can apply to the HTB for an early release hearing.

There are Three Types of Vehicle Impoundments:

  1. Impaired Driving Impoundments: this includes both drug and alcohol impairment.
  2. Unauthorized Driver Impoundments: this includes such offences as driving while suspended or without a valid driver's licence.
  3. Rules of the Road Impoundments: this includes selected high-risk offences under Section 280 of The Traffic Safety Act if the driver has had a previous offence within the past 12 months.

The Following People Can File a Vehicle Impoundment Appeal:

  • the owner of the motor vehicle;
  • the unauthorized driver;
  • a person whose 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.

The onus of proof rests with the person who files the appeal. Any person other than the registered owner requires the written permission of the registered owner to appeal.

If the vehicle is impounded because of Impaired Driving, the HTB may release your vehicle if one of the following conditions have been met:

  • the motor vehicle was stolen at the time of the seizure; or
  • a driver was in possession of the motor vehicle without the knowledge and consent of the owner; or
  • the continued immobilization or impoundment would pose a serious threat to the health of any person; or
  • the continued immobilization or impoundment would cause extreme hardship.

Early Release Appeal Limitations

If a vehicle is impounded because of impaired driving, whether the registered owner is driving or not, application for an appeal for early release is limited depending on the driver's impaired driving history. The driving history is based on all previous impaired driving roadside suspensions within the last 10 years.

Offence (within the last 10 years) Eligible for appeal only if:
1st Eligible for the impaired driving grounds for appeal (see above).
2nd (less than .08 BAC)

Offence (within the last 10 years) Eligible for appeal only if:
2nd (.08 BAC or higher) The continued impoundment of the vehicle poses a serious threat
to the health of any persons.
3rd or subsequent
(any level BAC)

If the vehicle is impounded due to an Unauthorized Driver, you must demonstrate to the HTB that one of the following conditions have been met:

  • the motor vehicle was stolen at the time of the seizure; or
  • an unauthorized driver was in possession of the motor vehicle without the knowledge and consent of the owner; or
  • the owner could not reasonably have been expected to know that the person who was driving the motor vehicle was an unauthorized driver; or
  • the unauthorized driver could have reasonably been expected to know that they were an unauthorized driver, and at the time of the seizure the unauthorized driver had complied with Section 45 of The Traffic Safety Act; or
  • the continued immobilization or impoundment would pose a serious threat to the health of any person; or
  • the continued immobilization or impoundment would cause extreme hardship for a person other than the unauthorized driver.

If the vehicle is impounded because of a Rules of the Road violation under Section 280 of The Traffic Safety Act, the HTB may release your vehicle if one of the following conditions have been met:

  • the continued impoundment would pose a serious threat to the health of any person; or
  • the motor vehicle was stolen at the time of the seizure.

How to File an Appeal:

  • Visit any SGI motor licence issuer.
  • Determine which ground you'd like to appeal under.
  • Purchase a Vehicle Impoundment Appeal Receipt for $175 fee.
  • Call the HTB at 1-855-775-8336 to schedule a hearing date and time.

What to Expect at the Hearing:

  • The hearing is conducted by phone.
  • You will be contacted by HTB staff at the agreed date and time.
  • There will be two board members and an HTB coordinator on the call with you.
  • The coordinator will read the background information aloud.
  • The board members will base the questions they ask you around the ground you are appealing under.

Decisions:

  • If the HTB is satisfied that you meet one of the grounds for early release, your vehicle will be released on the decided upon date.
  • Note, if early release is granted by the HTB for a vehicle impounded by an unauthorized driver, SGI will refund the $175 application fee to the registered owner of the vehicle.
  • If the HTB is not satisfied that you meet the grounds for early release, your vehicle will remain impounded.
  • The decision will be communicated to you by phone shortly after your appeal hearing.
  • The decision is final, binding and cannot be appealed.

Getting Your Vehicle Back:

  • At the end of the impoundment term, or after an appeal for early release has been granted, you must buy a Vehicle Impoundment Release Certificate.
  • The certificate is $125 and is available at any SGI motor licence issuer.
  • Take the certificate to the garage where the vehicle is impounded to have it released.
  • All towing and storage charges must be paid to the garage keeper before the vehicle can be release.

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