Forfeiture of a Motor Vehicle

Section 242.3 of the HTA provides for the surrender/confiscation of motor vehicles (including off-road vehicles) when found guilty of certain offences. Any motor vehicle used while committing any offence listed in s.242.3 of the HTA, may become liable to forfeiture.

There are two categories of such offences:

• Single Offence Category – serious Criminal Code driving offences that include causing bodily harm or death
• Third or Subsequent Offence Category – Criminal Code driving offences, such as dangerous operation, flight from police, drive impaired, operate while prohibited. If the driver’s current offence is the third or subsequent offence within five years, the vehicle may become liable to forfeit. If the driver’s current offence is the third or subsequent offence within five years, the vehicle may become liable to forfeiture.

If the registrant is not the driver, the registrant has the right to a hearing to ask a Justice to cancel the liability to forfeiture or set aside the forfeiture. If the driver is the registrant, the registrant does not have the right to a hearing. Upon conviction, the vehicle is surrendered to the Province of Manitoba.