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Stunt Driving – MOMS Act New Legislation

The Moving Ontarians More Safely Act 2021, or Bill 282,  will provide sweeping changes to Stunt Driving offences (mostly speeding) and other areas of Tow Truck and Impounding Legislation.  The majority of proposed changes revolve around the same issues of last week’s Blog, speeding 50km/h over the posted limit!  Although the majority of speeders are travelling along our 400 series highways, there are those that have been caught in city streets!  That’s where the proposed change will affect the most of us in the Province!

New Stunt Driving Regulations

Currently, the posted limit in City Streets is 50km/h unless otherwise posted.  Various Community Safety Zones have posted maximums of 30 or 40 km/h.  With the pending changes, if you exceed that limit by more than 40 km/h, you will be charged with Stunt Driving.  Currently, only 50 over would secure a Stunt Charge with a 7 days License suspension and vehicle impound.  Now, if you enter that 30-zone doing 70 km/h, you’ll lose your license for 30 days and car for 14 days.  You are also responsible for the towing/impound fees and possible license reinstatement.  Then to add insult to injury, you’ll be suspended for at least a year (up to three) just for going 70 km/h in that zone!!!!  If you get yourself in a situation, after the amendment to the legislation passes, then you might wish to contact and retain a License Paralegal to assist you.

New Penalties for Speeding

The proposed changes will alter the terms of what it is to allegedly be Stunt Driving in Ontario.  The only area affected is the speeding section, and the resulting penalties.  To be clear, exceeding the speed limit by 50km/h will only be in areas where the speed limit is 90 km/h or more.  Note, if you are going 150km/h in the 110km/h zones, you will still be charged with Stunt Driving. 

Speeding 40 km/h over the 80 km/h limit

That change was added when they announced the Pilot Projects for 110km/h.  If you are speeding 40km/h or more in a posted 80 km/h zone or less, you will now be Stunt Driving!  The change is particularly to target “built up” areas, namely any subdivisions, retail location, community centres, etc or more, typically areas where people are and could be injured by excessive speeders.  

If an officer alleges you were travelling at those rates of speed, they will seize and impound your vehicle for 14 days (twice as long as before) and suspend your license for 30 days (4 times longer than before)!  If you’re convicted, the fine range stays the same, though the MANDATORY license suspension could be detrimental!  Your first conviction will result in a mandatory 1 to 3 year license suspension, your second will be for not less than 3 years and not more than 10 years and on your third conviction, the suspension is indefinite.   

The next Stunt penalties will be harsher than the Criminal Code penalties!   Furthermore, if you are convicted (found guilty or plead guilty) to Stunt (or Careless Driving) in a Community Safety Zone, the fines will be doubled (amendment to section 214.1(7)) and you will be subject to a suspension that is available under the respective section.

Other amendments to the Highway Traffic Act  

The remainder of the amendments to the Highway Traffic Act revolve around the use of mechanical flaggers, emergency trucks backing on the highway, the use of “power assisted-bicycles” and other minor changes. 

Stunt Driving Licenced Paralegal

So if you plan on exceeding the speed limit by 40 to 50 km/h on the streets of Ontario, please ensure you plan to NOT be able to do it again for at least a year.  Better yet, refer to last week’s BLOG for the location of Speedway/Raceways across Ontario, to get your need for speed.  Though if you unintentionally or intentionally want to see how far the red stick on your speedometer will go or how many zeros will illuminate on your digital display, then contact a Licensed paralegal afterwards!!!  You’ll need it.

PS:  If you follow the lead of the gentlemen in this article, you might not be able to drive for at least 5 years, under the proposed legislative changes in Ontario.  

Posted under Stunt Driving

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