The holiday season is upon us! Ontario’s roadways are going to become a lot busier over the next month as people travel to visit friends and family as well as attend various holiday events. With this in mind, it doesn’t hurt to start thinking about road safety and keeping your holidays fun. Being involved in a collision or being charged by the police can quickly turn the festive holiday spirit into a time of frustration and costly legal problems.
This week: let’s talk about speeding!
What is Speeding?
Speeding charges fall under section 128 of Ontario’s Highway Traffic Act (HTA):
128 (1) No person shall drive a motor vehicle at a rate of speed greater than,
(a) 50 kilometres per hour on a highway within a local municipality or within a built-up area;
(b) despite clause (a), 80 kilometres per hour on a highway, not within a built-up area, that is within a local municipality that had the status of a township on December 31, 2002 and, but for the enactment of the Municipal Act, 2001, would have had the status of a township on January 1, 2003, if the municipality is prescribed by regulation;
(c) 80 kilometres per hour on a highway designated by the Lieutenant Governor in Council as a controlled-access highway under the Public Transportation and Highway Improvement Act, whether or not the highway is within a local municipality or built-up area;
(d) the rate of speed prescribed for motor vehicles on a highway in accordance with subsection (2), (5), (6), (6.1) or (7);
(e) the maximum rate of speed set under subsection (10) and posted in a construction zone designated under subsection (8) or (8.1); or
(f) the maximum rate of speed posted on a highway or portion of a highway pursuant to section 128.0.1. 2005, c. 26, Sched. A, s. 17 (1); 2006, c. 11, Sched. B, s. 6 (2); 2006, c. 32, Sched. D, s. 4 (1).
While the government or a municipal council may make alterations to the speed limit of specific roadways, effectively: if you go over the posted speed limit, you risk being charged by the police!
Very serious incidents of speeding that reach an excessive speed of 50 km/h or more over the posted speed limit can result in a Stunt Driving (also known as Race Motor Vehicle) offence being issued under HTA section 172:
172 (1) No person shall drive a motor vehicle on a highway in a race or contest, while performing a stunt or on a bet or wager. 2007, c. 13, s. 21.
WHAT ARE THE PENALTIES FOR SPEEDING OR RACING?
Generally, if you are convicted of an HTA offence, there will be three areas of penalties:
- Court penalties
- licensing penalties
- Impact to insurance
Court Penalties
The court penalties for a simple speeding offence are generally receiving a fine, and potentially a license suspension if your rate of speed was 50 km/h or more over the posted speed limit: The size of fine issued by the court is directly calculated based on how many km/h the defendant was travelling over the posted speed limit:
(a) is less than 20 kilometres per hour over the speed limit, to a fine of $3 for each kilometre per hour that the motor vehicle was driven over the speed limit;
(b) is 20 kilometres per hour or more but less than 30 kilometres per hour over the speed limit, to a fine of $4.50 for each kilometre per hour that the motor vehicle was driven over the speed limit;
(c) is 30 kilometres per hour or more but less than 50 kilometres per hour over the speed limit, to a fine of $7 for each kilometre per hour that the motor vehicle was driven over the speed limit; and
(d) is 50 kilometres per hour or more over the speed limit, to a fine of $9.75 for each kilometre per hour that the motor vehicle was driven over the speed limit. 2005, c. 26, Sched. A, s. 17 (7).
If the speeding offence occurred in a construction zone where workers were present or in a community safety zone (such as a school zone), the court fines are calculated as follows:
(a) is less than 20 kilometres per hour over the posted speed limit, to a fine of double the fine set out in clause (14) (a) for each kilometre per hour that the motor vehicle was driven over the speed limit;
(b) is 20 kilometres per hour or more but less than 30 kilometres per hour over the posted speed limit, to a fine of double the fine set out in clause (14) (b) for each kilometre per hour that the motor vehicle was driven over the speed limit;
(c) is 30 kilometres per hour or more but less than 50 kilometres per hour over the posted speed limit, to a fine of double the fine set out in clause (14) (c) for each kilometre per hour that the motor vehicle was driven over the speed limit; and
(d) is 50 kilometres per hour or more over the posted speed limit, to a fine of double the fine set out in clause (14) (d) for each kilometre per hour that the motor vehicle was driven over the speed limit. 2005, c. 26, Sched. A, s. 17 (8).
If the rate of speed was greater than 50 km/h over the posted speed limit, the court can also issue a suspension of driver’s license as follows:
(a) suspend the driver’s license of the person for a period of not more than 30 days;
(b) 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 license of the person for a period of not more than 60 days;
(c) 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 license of the person for a period of not more than one year. 2005, c. 26, Sched. A, s. 17 (9).
The penalties for Stunt Driving or Race Motor vehicle are significantly higher than a simple speeding offence:
Every person who contravenes subsection (1) is guilty of an offence and on conviction is liable to a fine of not less than $2,000 and not more than $10,000 or to imprisonment for a term of not more than six months, or to both, and in addition his or her driver’s license may be suspended,
(a) on a first conviction under this section, for not more than two years; or
(b) on a subsequent conviction under this section, for not more than 10 years. 2007, c. 13, s. 21.
It is important to note that the court fine is also subject to a victim fine surcharge as follows:
- The provincial government adds a victim fine surcharge (VFS) to every non-parking fine imposed under the Provincial Offences Act. It is deposited into a special fund to help victims of crime.
- The amount of the VFS is usually 20 per cent of the imposed fine. For example, a $100 fine would result in a $20 surcharge. Fines over $1,000 carry a surcharge of 25 per cent.
License Penalties
If convicted of a speeding offence, a regular driver will receive a record of conviction against their driving history and may also receive a demerit point penalty as follows:
| Rate of Speeding (km/h) | Demerit Points |
| +1 to +15 | 0 |
| +16 to +29 | 3 |
| +30 to +49 | 4 |
| +50 or greater | 6 |
Commercial motor vehicle drivers can also face a record of conviction to their CVOR along with a CVOR point penalty as follows:
| Rate of Speeding (km/h) | CVOR Points |
| +1 to +10 | 2 |
| +11 to +20 | 3 |
| +21 or greater | 5 |
It is important to note how much quicker a commercial motor vehicle driver’s CVOR points escalate compared to the demerit point penalties do for a regular driver. For a rate of speed 21 km/h or more over the posted speed limit, a transport truck driver would receive the same CVOR point penalty had they jack-knifed their tractor trailer and been charged with Careless Driving!
Impact to Insurance
The best, most accurate source of information on how any given offence may impact your insurance rate (or even the ability to remain insured) is your insurance broker. As a general rule of thumb: the more serious the offence or the more demerit points associated to the offence, the greater the potential impact to your insurance costs. Multiple minor offences or even a single serious offence can result in being cancelled from a standard insurance policy and being forced to seek out very expensive high-risk insurance.
NOVICE DRIVERS AND SPEEDING
Novice drivers (such as G1, G2, M1, or M2) have to be very careful as they face additional license restrictions compared to a fully-licensed driver. One such restriction is that a conviction for any single offence that carries 4 or more demerit points will result in escalated sanctions penalties as follows:
- 30-day license suspension for the first occurrence
- 90-day license suspension for the second occurrence
- License 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 license is cancelled. Please note that in the case of a hybrid driver, only the novice-class license is cancelled on the third occasion; their full-class license is maintained.
A reinstatement fee is also imposed on first- and second-occurrence drivers.
WHAT SHOULD I DO IF I’M CHARGED BY THE POLICE?
The first thing is to not panic. Most speeding charges can either be reduced at court to a lesser offence or in some cases be eliminated outright. In fact, most speeding charges can be resolved without you ever needing to attend court; let a licensed and experienced paralegal protect your interests at court on your behalf.
Do You Need To Defend Yourself Against An Ontario Traffic Ticket?
If you need to defend your driving rights against an Ontario traffic ticket you should contact us as soon as possible. We have skill and experience in helping drivers just like you respond to a variety of traffic tickets and provide free, confidential consultations to empower you to fight your charges. We help drivers throughout Ontario including Cambridge, Georgetown, London, Windsor and from our home office in Kitchener. Contact us online or call us directly at 1.844.647.6869 or text us a copy of your ticket to 226-240-2480.