Did you get a Speeding Ticket, a Stunt Driving or a Careless Driving Ticket ? You only have a limited time to act and could face huge fines. Let us protect your driving record along with your insurance premiums.
The Ontario Court of Justice hears virtually all matters related to the Highway Traffic Act & Provincial Offence matters as well as offences against municipal by-laws.
Some of the matters include:
- Highway Traffic Act – speeding, careless driving, or not wearing your seatbelt, hand-held devices, etc.
- Compulsory Automobile Insurance Act – failing to surrender your insurance card, possessing a fake or invalid insurance card.
- Liquor Licence Act – public intoxication or selling alcohol to a minor.
- Trespass to Property Act – entering premises when entry is prohibited or failing to leave premises after being directed to do so
- City By-Laws – such as infractions under noise control, property standards and animal control by-laws
There are many different types of charges that are covered under the Provincial Offences Act and there are many enforcement agencies, who can issue you a ticket, including some of the following:
- City By-law Enforcement
- City Police Services
- Ontario Provincial Police
- Ministry of Transportation
- Ministry of Environment
- Ministry of Labour
- Ministry of Natural Resources
- Ministry of Health
Offences under the Highway Traffic Act (HTA)
Speeding Offences
Speeding offences are the most common offences that we assist our clients with. The most serious of these offences are for rates of speed 50 km/h or more over the posted speed limit. These offences carry the highest range of penalties upon conviction.
Speeding offences come with court penalties such as a fine, suspension of driver’s licence, or in the worst cases of a Stunt Driving offence even imprisonment. Upon conviction, the MTO can also require you to attend a licence-review interview (that you must pay to attend), suspend your licence, or even outright revoke your licence.
A conviction at court can also directly impact your insurance costs including being forced onto very expensive high-risk insurance.
HOW DO SPEEDING TICKETS WORK?
Speeding offences fall under section 128 of the Highway Traffic Act (HTA) in Ontario. Speeding offences are broken down into 4 ranges of offence:
| Range of Speeding | Demerit Points |
| +1 to +15 | 0 |
| +16 to +29 | 3 |
| +30 to +49 | 4 |
| +50 or greater | 6 |
LICENCE SUSPENSION
For speeding offences that are 50 km/h or more over the speed limit the court can suspend your licence as follows:
- suspend the driver’s licence of the person for a period of not more than 30 days;
- upon the first subsequent conviction where the court determined in respect of each conviction that the person was driving at a rate of speed of 50 or more kilometres per hour greater than the speed limit, suspend the driver’s licence of the person for a period of not more than 60 days;
- upon the second subsequent conviction or an additional subsequent conviction, where the court determined in respect of each conviction that the person was driving at a rate of speed of 50 or more kilometres per hour greater than the speed limit, suspend the driver’s licence of the person for a period of not more than one year. 2005, c. 26, Sched. A, s. 17 (9).
A conviction is considered subsequent if it was within 5 years of a previous offence.
PENALTIES FOR A NOVICE DRIVER
Novice drivers are those who have not yet achieved a full licence (i.e. those on a G1, G2, M1, or M2 licence). Novice driver licences are more fragile than a full licence and are subject to various restrictions and conditions. Once such condition is that a conviction for any single offence carrying 4 or more demerit points will result in escalated sanctions penalties from the MTO.
As an offence for speeding 50 km/h or more over the posted speed limit carries a 6-demerit point penalty, upon conviction a novice driver would also be subject to escalated sanctions penalties as follows:
- 30-day licence suspension for the first occurrence.
- 90-day licence suspension for the second occurrence.
- Licence cancellation and a requirement to re-apply for a G1/M1 after the third occurrence. Any fees paid, credit received for time spent in the program or BDE credit would be forfeited when the licence is cancelled. Please note that in the case of a hybrid driver, only the novice-class licence is cancelled on the third occasion; their full-class licence is maintained.
Penalties for driving without Insurance:
Generally, a court conviction will have three areas of penalties:
- Court penalties
- MTO penalties
- Impact to insurance
The court penalties for driving without insurance, permitting a person to drive a motor vehicle without insurance, or providing false proof of insurance.
Being found guilty would also result in a record of conviction being entered against your driving history. A conviction under one of the subsections of CAIA s.2 may result in being cancelled from standard insurance coverage and being forced to seek out a high-risk insurance policy.
For many Ontario drivers the cost of high-risk insurance may simply be unaffordable leading to a much longer period of being unable to legally drive. The much lesser offence of Fail to Surrender insurance card would carry a total-payable fine of $65 and generally have a comparably minor impact to insurance.
As such, the penalties for a first or subsequent conviction would be:
| Offence | Total Payable Fine | Suspension |
| First | $6,250 to $31,250 | Up to 1 year |
| Subsequent | $12,500 to $62,500 | Up to 1 year |
CMV (Commercial Motor Vehicle) DRIVERS
Commercial Motor Vehicle (CMV) drivers, such as transport truck drivers, are held to a higher standard than other drivers on Ontario’s roadways. Commercial motor vehicles are significantly larger and heavier than other vehicles and can carry very heavy cargo including dangerous goods. Carelessly driving a CMV can lead to much more severe consequences than a regular vehicle. When a CMV driver is charged with an offence by the police, the repercussions can be much more serious compared to them having been charged in a regular vehicle.
The basic penalties would still apply for court penalties, demerit points, licence suspensions, imprisonment, and impact to insurance costs. However, CMV drivers also face the impact to potentially losing their current employment and difficulty in obtaining new employment. The fines for CMV offences can also much higher.
It is not uncommon to see both the driver and their company charged for the same incident with separate offences. This can lead to the company receiving records of conviction against their CVOR for all charges issued.
CMV offences will generally include the employer’s CVOR number on the offence notice. Just like the driver would receive a record of conviction and demerit points, the company that they work for will also receive a record of conviction and CVOR points. A conviction against the driver can also lead to a conviction against their employer’s CVOR history causing increases to the company’s insurance rates and bringing them into conflict with the Ministry of Transportation.
| Range of Speeding | CVOR Points |
| +1 to +10 | 2 |
| +11 to +20 | 3 |
| +21 or greater | 5 |
Using a Hand-held Device or Cell Phone while driving in Ontario
Using Hand-held communication devices while driving can result in being charged by the police for “Drive with Handheld Communication Device.” These charges carry a significant court fine, 3 demerit points, and can have a significant impact to insurance costs. These offences can also carry a suspension of driver’s licence.
The main change is an increase to fines depending on how many previous convictions have occurred along with the addition of mandatory licence suspensions. Novice drivers are also subject to additional penalties.
COURT PENALTIES FOR OFFENCES EFFECTIVE JANUARY 1, 2019
The current changes to this area of the Highway Traffic Act have taken effect since January 1, 2019. The penalties are as follows:
“(6.1) Every person who contravenes this section is guilty of an offence and on conviction is liable,
- for a first offence, to a fine of not less than $500 and not more than $1,000;
- for a first subsequent offence, to a fine of not less than $500 and not more than $2,000; and
- for a second subsequent or an additional subsequent offence, to a fine of not less than $500 and not more than $3,000. 2017, c. 26, Sched. 4, s. 16.
Same
(6.2) If a person is convicted of an offence under this section, the Registrar shall suspend his or her driver’s licence,
- for a first offence, for three days;
- for a first subsequent offence, for seven days; and
- for a second subsequent or an additional subsequent offence, for 30 days. 2017, c. 26, Sched. 4, s. 16.
Same
(6.3) An offence under this section committed more than five years after a previous conviction for an offence under this section is not a subsequent offence for the purposes of subsection (6.1) or (6.2). 2017, c. 26, Sched. 4, s. 16.”
This can most easily be summarized as follows:
| Occurrence | Fine* | Licence Suspension |
| 1st | $500 to $1000 | 3 Days |
| 2nd | $500 to $2000 | 7 Days |
| 3rd or later | $500 to $3000 | 30 Days |
* This is the base fine issued by the court and is subject to the additional victim fine surcharge.
NOVICE DRIVERS DRIVING WITH HANDHELD COMMUNICATION DEVICE
Novice drivers are drivers in the early stages of the licencing process (i.e.. G1, G2, M1, M2) in Ontario. These licences permit fewer demerit points to be accumulated and are subject to multiple conditions and restrictions. One such condition is that a conviction for Drive with Handheld Communication Device will trigger the MTO’s ‘escalated sanctions penalty.’ These additional penalties are as follows:
- 30-day licence suspension for the first occurrence
- 90-day licence suspension for the second occurrence
- Licence cancellation and a requirement to re-apply for a G1/M1 after the third occurrence. Any fees paid, credit received for time spent in the program or BDE credit would be forfeited when the licence is cancelled. Please note that in the case of a hybrid driver, only the novice-class licence is cancelled on the third occasion; their full-class licence is maintained.
Novice drivers may already be on high-risk insurance or borderline to being on high-risk insurance. Given their limited driving history and greater risk assessment, novice drivers may experience greater insurance problems than a fully licenced and experienced driver.
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