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Ontario Demerit Points

Drivers convicted of certain driving-related offences have demerit points recorded on their records. Please note, a driver begins with zero demerit points and accumulates demerit points for convictions. Demerit points stay on your record for two years from the offence date. If you collect enough points, you can lose your driver's licence. Below is a table outlining the demerit point penalties for driving offences:

7 Points
  • Failing to remain at the scene of a collision
  • Failing to stop when signaled/requested by a police officer
6 Points
  • Careless Driving
  • Racing
  • Exceeding the speed limit by 50 km/h or more
  • Failing to stop for a school bus
5 Points
  • Driver of a bus failing to stop at an unprotected railway crossing
4 Points
  • Exceeding the speed limit by 30 to 49 km/h
  • Following too closely
3 Points
  • Exceeding the speed limit by 16 to 29 km/h
  • Failing to yield the right-of-way
  • Failing to obey the directions of a police officer
  • Failing to report a collision to a police officer
  • Crowding the driver's seat
  • Driving or operating a vehicle on a closed road
  • Driving through, around or under a railway crossing barrier
  • Failing to obey a stop sign, traffic light or railway crossing signal
  • Driving the wrong way on a divided road
  • Improper driving when road is divided into lanes
  • Going the wrong way on a one-way road
  • Crossing a divided road where no proper crossing is provided
2 Points
  • Improper opening of a vehicle door
  • Towing people - on toboggans, bicycles, skis, etc.
  • Failing to stop at a pedestrian crossing
  • Improper right turn
  • Failing to signal
  • Reversing on a divided high-speed road
  • Driver failing to ensure that a passenger less than 23 kg is properly secured
  • Prohibited turns
  • Failing to obey signs
  • Failing to share the road
  • Improper left turn
  • Unnecessary slow driving
  • Driver failing to wear a seat belt
  • Driver failing to ensure that a passenger under 16 years is wearing a seat belt

Demerit Points and New Drivers

  • As a Class G1, G2, M1 or M2 driver, if you get two or more demerit points, you will be sent a warning letter.
  • At six points, you may have to go to an interview to discuss your record. If you don't attend, your licence may be suspended.
  • At nine points, your licence will be suspended for 60 days. After the suspension, the number of points on your record will be reduced to four. Any additional points could again bring you to the interview level. If you reach nine points again, your licence can be suspended for six months.

Demerit Points and Fully Licensed Drivers

  • As a fully licensed driver, if you get six demerit points, you will be informed about your driving record.

  • At nine points, you may have to go to an interview to discuss your record and give reasons why your licence should not be suspended. You may also have to complete a driver re-examination (vision, knowledge and road tests). If you fail, your licence will be cancelled.

  • If you fail to attend an interview, or fail to give good reasons for keeping your licence, your licence may be suspended.

  • At 15 or more points, your licence will be suspended for 30 days from the date you surrender it to the Ministry of Transportation for the first suspension. You can lose your licence for up to two years if you fail to surrender your licence. A driver's licence may be surrendered at any Driver & Vehicle Licence Issuing Office.

  • After the suspension, the number of points on your record will be reduced to seven. Any extra points could again bring you to the interview level. If you reach 15 points again, your licence will be suspended for six months.

 

 

Ontario Demerit Points, Offence Type and H.T.A.

7 Points

  1. Failing to remain at the scene of accident - Section 200 of the H.T.A.
  2. Failing to stop, when signaled/requested by a police officer - Section 216 of the H.T.A.

6 Points

  1. Careless Driving - Section 130 of the H.T.A.
  2. Racing - Section 172 of the H.T.A.
  3. Exceeding the speed limit by 50 km per hour, or more - Subsections 175 (11) & (12) of the H.T.A.

5 Points

  1. Driver of a public vehicle or school bus, failing to stop at unprotected railway crossing - Subsections 174 (1) & (2) of the H.T.A.

4 Points

  1. Exceeding the speed limit by 30 to 49 km per hour - Section 128 (b) of the H.T.A.
  2. Following too closely - Section 158 of the H.T.A.

3 Points - There are 17 different driving offences in which your driving record may gain 3 points:

  1. Exceeding the speed limit by 16 to 29 km per hour - Section 128 (c) of the H.T.A.
  2. Failing to yield right of way - Subsections 135 (2) & (3), Subsections 136 (1) (b), 136 (2), 138 (1), 139 (1), 141 (5), 144 (7), (8) & (21), of the H.T.A.
  3. Failing to obey the directions of a police officer - Subsection 134 (1) of the H.T.A.
  4. Failing to report a collision to a police officer - Subsections 199 (1) & (1.1) of the H.T.A.
  5. Crowding the driver’s seat - Section 162 of the H.T.A.
  6. Driving or operating a vehicle on a closed road - Subsection 134 (3) of the H.T.A.
  7. Failing to slow and carefully pass a stopped emergency vehicle - Subsection 159.1(1) of the H.T.A.
  8. Improper passing - Subsection 148 (8) & Sections 149, 150 and 166 of the H.T.A.
  9. Driving through, around or under a railway crossing barrier - Section 164 
  10. Failing to obey a stop sign, traffic control stop/slow sign, traffic/signal light or railway crossing signal or school crossing stop sign - Clause 136 (1) (a), Subsections 144 (14), (15), (16), (17), (18), (21), Section 146.1 (3) & , Section 163 and Subsection 176 (3) of the H.T.A.
  11. Driving the wrong way on a divided highway/road - Clause 156 (1) (a) of the H.T.A.
  12. Improper driving where highway/road is divided into lanes - Section 154 of the H.T.A.
  13. Going the wrong way on a one way street or highway - Section 153 of the H.T.A.
  14. Crossing a divided highway/road where no proper crossing is provided - Clause 156 (1) (a) of the H.T.A.
  15. Failing to move, where possible, into another lane when passing a stopped emergency vehicle, if it is safe to do so - Section 159.1 (2) of the H.T.A.
  16. Improper use of a high occupancy vehicle lane - Subsection 154.1(3) of the H.T.A.
  17. Motor vehicle equipped with and/or carrying a speed measurement warning device (radar detector) - Subsection 79 (2) of the H.T.A.

2 Points -  There are 17 different driving offences in which your driving record may gain 2 Points:

  1. Driver failing to properly wear a seat belt - Subsection 106 (2) of the H.T.A.
  2. Driver failing to ensure that a passenger, under 16 years of age, is properly wearing a seat belt - Subclause 106 (4) (a) (i) of the H.T.A.
  3. Driver failing to ensure that a passenger, less than 23 kg is properly secured - Subsection 8 (2) of Regulation 613 of the Revised Regulations of Ontario, 1990.
  4. Driver failing to ensure infant/child passenger is properly secured in an appropriate child restraint system or booster seat - Subsection 8 (3) of Regulation 613 of the Revised Regulations of Ontario, 1990.
  5. Driver failing to ensure child passenger is secured as prescribed - Subsection 8 (4) of Regulation 613 of the Revised Regulations of Ontario, 1990.
  6. Failing to stop at a pedestrian crossing -Subsections 140 (1), (2) & (3) of the H.T.A.
  7. Improper right turn - Subsections 141(2) & (3) of the H.T.A.
  8. Improper left turn - Subsections - 141(6) & (7) of the H.T.A.
  9. Prohibited turns - Section 143, Subsection 144 (9) of the H.T.A.
  10. Failing to obey signs (under regulation Section 182 (1) ) - Subsection 182 (2) of the H.T.A.
  11. Failing to signal - Subsections 142 (1), (2) & (8) of the H.T.A.
  12. Failing to share the road - Subsections148 (1), , (4),(5), (6) & (7) of the H.T.A
  13. Backing up on a highway - Subsection 157 (1) of the H.T.A.
  14. Unnecessary slow driving - Section 132 of the H.T.A.
  15. Failure to lower headlamp beams - Section 168 of the H.T.A.
  16. Improper openning of a vehicle door - Section 165 of the H.T.A.
  17. Towing people – on toboggans, bicycles, ski’s, skate boards, rollerblades, etc. prohibited- Section 160 of the H.T.A.

 

Bill 203 has been enacted as Chapter 13 of the Statutes of Ontario, 2007. The Bill amends the Highway Traffic Act and the Remedies for Organized Crime and Other Unlawful Activities Act, 2001 and makes consequential amendments to several other Acts.

Example of some of the new language introduced under Bill 203Safer Roads to a Safer Ontario Act“:

Impaired Driving:
Currently, section 48 provides for a 12-hour administrative driver’s licence suspension for drivers whose blood alcohol concentration exceeds .05. The licence suspension period increased to three days for a first suspension under this section, seven days for a second suspension and 30 days for a subsequent suspension. Amendments are made to sections 48.1, 48.2 and 48.3 to parallel some of the wording changes in section 48.

Street Racing:

Section 172 prohibits street racing. The fine is increased to a $2,000 minimum and $10,000 maximum. The driver’s licence suspension is increased to a maximum of two years for a first offence and a maximum of 10 years for a subsequent offence. In addition, there will be a seven-day administrative driver’s licence suspension and vehicle impoundment.

New section 172.1 is enacted. It prohibits driving a motor vehicle equipped with a nitrous oxide fuel system except where the nitrous oxide connection is not operational.  Subsection 41 (1) is amended so that a person convicted under the recently passed street racing offences in the Criminal Code (Canada) will be subject to the same automatic driver’s licence suspensions on conviction as are persons convicted of impaired driving under the Criminal Code (Canada).  A consequential amendment is made to section 46.   Section 214.1 is amended to provide that a person who is convicted of street racing in a community safety zone is subject to the same increased licence suspensions as would be imposed under section 172.  Currently, the maximum licence suspension under section 214.1 is two years.

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Demerit Points for Out-of-Province Convictions:

Drivers convicted of a driving related offence in the State of New York or State of Michigan or any province or territory, will have home jurisdiction penalties such as demerit points and/or suspensions applied to their Ontario driver record as if the offence occurred in Ontario. See Ontario Highway Traffic Act– PART IV LICENCES, Driver, Driving Instructor, Section 40 (1) -Agreements with U.S. States- Reciprocal Agreements. SeeReciprocal Agreements within Canada and with the United States of America States page, within this site. See the Reciprocal Agreement page on this site for further detailed explanations.

Examples of out-of-province convictions, where Ontario demerit points and/or suspensions will be applied include:

Traffic

  • Speeding
  • Fail to obey stop sign
  • Fail to obey signal light
  • Fail to stop for school bus
  • Racing
  • Fail to remain or return to scene of collision
  • Careless driving