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ONTARIO DEMERIT POINTS

Many people are confused about how driving points work. You don’t lose demerit points on your driving record. You actually start with zero points and get points added to your record every time you are convicted of a traffic offence that has points associated with it. Demerit points stay on a person’s record for 2 years from the date of the offence. Driver’s with a full licence who get 15 or more points on their driving record will have their driver’s licence suspended for 30 days. New drivers with 9 or more points on their driving record will have their driver’s licence suspended for 60 days. A person can lose their licence if they end up with enough points on their record. Many people don’t realize that points can be added to your driving record if you are convicted of a traffic offense in:
  • Other Canadian provinces or territories
  • The state of New York
  • The state of Michigan
Many people also don’t realize that points on their driving record can cause insurance rates to go up. OTD Ticket Defenders Legal Services can help you fight the charges against you. Demerit points are based on the Ontario Highway Traffic Act violation. Below is a table of charges and the demerit points for each offence. Ontario demerit point penalties effective April 1, 2016
Offence Highway Traffic Act Reference Demerit Points
Failing to remain at scene of accident Section 200 of the Highway Traffic Act 7
Driver failing to stop when signalled or requested to stop by a police officer Section 216 of the Highway Traffic Act, except where a suspension order is made under subsection 216 (3) 7
Careless driving Section 130 of the Highway Traffic Act 6
Racing Section 172 of the Highway Traffic Act 6
Section 128 of the Highway Traffic Act; subsection 13 (3) of Regulation 829 of the Revised Regulations of Ontario, 1990; any provision of the National Capital Commission Traffic and Property Regulations CRC 1978, c. 1044 made under the National Capital Act (Canada) fixing maximum rates of speed and any municipal by-law fixing maximum rates of speed where the rate of speed is exceeded by,
Exceeding speed limit by 50 km/h or more (a) 50 km/h or more 6
Exceeding speed limit by 30 to 49 km/h (b) 30 km/h or more and less than 50 km/h 4
Exceeding speed limit by 16 to 29 km/h (c) more than 15 km/h and less than 30 km/h 3
Driver of public vehicle or school bus failing to stop at railway crossings Subsections 174 (1) and (2) of the Highway Traffic Act 5
Driving through, around or under railway crossing barrier Section 164 of the Highway Traffic Act 3
Failing to yield right of way Subsections 135 (2) and (3), clause 136 (1) (b), subsection 136 (2), subsection 138 (1), subsection 139 (1), subsection 141 (5) and subsections 144 (7), (8) and (21) of the Highway Traffic Act 3
Failing to obey a stop sign, signal light or railway crossing signal Clause 136 (1) (a), subsections 144 (14), (15), (16), (17), (18) and (21), subsections 146 (3) and (4) and section 163 of the Highway Traffic Act, any municipal by-law requiring a driver to stop for a stop sign or signal light, and the National Capital Commission Traffic and Property Regulations CRC 1978, c. 1044 made under the National Capital Act (Canada) requiring a driver to stop for a stop sign 3
Failing to obey directions of police constable Subsection 134 (1) of the Highway Traffic Act 3
Driving or operating a vehicle on a closed highway Subsection 134 (3) of the Highway Traffic Act 3
Failing to report an accident Subsections 199 (1) and (1.1) of the Highway Traffic Act 3
Improper passing Subsection 148 (8), sections 149, 150 and 166 of the Highway Traffic Act 3
Improper driving where highway divided into lanes Section 154 of the Highway Traffic Act 3
Failing to stop for school bus Subsections 175 (11) and (12) of the Highway Traffic Act 6
Following too closely Section 158 of the Highway Traffic Act 4
Crowding driver’s seat Section 162 of the Highway Traffic Act 3
Drive wrong way – divided highway Clause 156 (1) (a) of the Highway Traffic Act 3
Cross divided highway – no proper crossing provided Clause 156 (1) (b) of the Highway Traffic Act 3
Wrong way in one way street or highway Section 153 of the Highway Traffic Act 3
Backing on highway Subsection 157 (1) of the Highway Traffic Act 2
Pedestrian crossover Subsections 140 (1) and (3) of the Highway Traffic Act 3
Failing to share road Subsections 148 (1), (2), (4), (5), (6) and (7) of the Highway Traffic Act 2
Improper right turn Subsections 141 (2) and (3) of the Highway Traffic Act 2
Improper left turn Subsections 141 (6) and (7) of the Highway Traffic Act 2
Failing to signal Subsections 142 (1), (2) and (8) of the Highway Traffic Act 2
Unnecessary slow driving Section 132 of the Highway Traffic Act 2
Failing to lower headlamp beam Section 168 of the Highway Traffic Act 2
Improper opening of vehicle door Subsection 165 (1) of the Highway Traffic Act 3
Prohibited turns Section 143 and subsection 144 (9) of the Highway Traffic Act and any municipal by-law prohibiting turns 2
Towing of persons on toboggans, bicycles, skis, etc., prohibited Section 160 of the Highway Traffic Act 2
Failing to obey signs prescribed by regulation under subsection 182 (1) Subsection 182 (2) of the Highway Traffic Act 2
Driver failing to properly wear seat belt Subsection 106 (2) of the Highway Traffic Act 2
Driving while passenger under 16 fails to occupy position with seat belt Subclause 106 (4) (a) (i) of the Highway Traffic Act 2
Driving while passenger under 16 fails to properly wear seat belt Subclause 106 (4) (a) (ii) of the Highway Traffic Act 2
Driving while child passenger not properly secured Clause 106 (4) (b) of the Highway Traffic Act 2
Driver failing to ensure infant passenger is secured as prescribed Subsection 8 (2) of Regulation 613 of the Revised Regulations of Ontario, 1990 2
Driver failing to ensure toddler passenger is secured as prescribed Subsection 8 (3) of Regulation 613 of the Revised Regulations of Ontario, 1990 2
Driver failing to ensure child passenger is secured as prescribed Subsection 8 (4) of Regulation 613 of the Revised Regulations of Ontario, 1990 2
Failing to stop on right for emergency vehicle Clause 159 (1) (a) of the Highway Traffic Act 3
Failing to stop – nearest curb – for emergency vehicle Clause 159 (1) (b) of the Highway Traffic Act 3
Failing to stop – nearest edge of roadway – for emergency vehicle Clause 159 (1) (b) of the Highway Traffic Act 3
Failing to slow down and proceed with caution for emergency vehicle or tow truck Subsection 159 (2) of the Highway Traffic Act 3
Failing to move into another lane for emergency vehicle or tow truck – if safe to do so Subsection 159 (3) of the Highway Traffic Act 3
Following fire department vehicle too closely Subsection 159 (4) of the Highway Traffic Act 3
Motor vehicle equipped with or carrying a speed measuring warning device Subsection 79 (2) of the Highway Traffic Act 3
Improper use of high occupancy vehicle lane Subsection 154.1 (3) of the Highway Traffic Act 3
Failing to obey traffic control stop sign Subsection 146.1 (3) of the Highway Traffic Act 3
Failing to obey traffic control slow sign Subsection 146.1 (4) of the Highway Traffic Act 3
Failing to obey school crossing stop sign Subsection 176 (3) of the Highway Traffic Act 3
Driving with display screen visible to driver Section 78 of the Highway Traffic Act 3
Driving while holding or using hand-held device Section 78.1 of the Highway Traffic Act 3
Failing to leave one metre while passing bicycle Subsection 148 (6.1) of the Highway Traffic Act 2
Full listing of demerit points We also represent throughout Quebec, if you have a ticket in this region please contact us and we will explain everything to you in detail.