OHTA.ca

I was driving down the street with my seatbelt on and within the speed limit. I noticed flashing lights come up behind me and it appeared as though it was a police car. I pulled safely over to the side of the road. An "officer" approached my car and asked for my license, insurance and registration, he also asked me to "pop the hood". I asked why he was pulling me over and he said some spiel about being the Ministry of Environment and conducting a random SMOG emissions test. They didn't do anything under my hood, didn't look under my car, nothing. Instead, he called local police to alert them that I was driving while under suspension and did not return my ID for over 30 minutes. He waited until the local officer arrived on scene to take over. I heard the officer talking to the MOE person and he asked how the guy knew my license was suspended? The MOE guy said he randomly ran my plate while driving behind me.

I completely realize it was against the law to drive while my license was under suspension. But was it legal for the ministry of the environment, "Smog Patrol", to run my plate and to detain me until an officer arrived? Thanks for help!

It seems difficult to find out their powers.

Here is a c/p

Vehicle emissions enforcement

Previously known as the Smog Patrol, this program employs uniformed officers who operate police-standard cars, trucks and motorcycles with red lights and sirens. These officers stop vehicles to make sure they comply with Ontario's Drive Clean regulations. They have the same defensive driving and use-of-force training as police officers and even carry handcuffs. Vehicle enforcement officers work with the OPP and other police agencies in Project ERASE, an initiative that targets street racers who may have altered their vehicles by removing emissions controls.

end c/p.

Maybe read through project erase.

Maybe Hwybear can shed some light as they do seem to be associated with the O.P.P.

The extra officer will make it harder to prove (in court) that you drove unless you admitted it.

If you find an answer let us know.

Cheers

Viper1

I believe they would be considered Provincial Offences Officers and their authority would come from the Provincial Offences and Environmental Protection Acts. Plate queries and vehicle stops would be lawful, though I'm not sure about their authority to detain you for an extended period of time based on HTA violations. Of course if you knowingly drove away under suspension you could complicate matters for yourself.