Did you receive a ticket failing to remain at the scene of a collision?

Failure to Remain under Section 200 of the Highway Traffic Act (HTA) is considered one of the most serious offences in the act itself. If you are facing this serious violation, consider contacting OTD Legal Services for a free no obligation quote. This type of charge carries seven demerit points, which will immediately suspend a graduated license upon a conviction, such as a G1 or G2, and carries significant fines.

The most common factual scenario is a driver who has been directly or indirectly involved in an accident. In many cases, drivers succumb to the basic human instinct of fear, and immediately leave the scene. In some of these cases, the fear is the consequences of alcohol use or marijuana use. Another common scenario is an individual who is involved in an accident flees the scene, but returns to the scene a short time later. Yet another possible scenario is a person who leaves the roadway in a rural setting late at night, damaging their own vehicle. They then go home to sleep and report the accident the next morning. Although this is a milder form of a Failing to Remain, the police do have reasonable grounds to still lay the charge.

If you or someone you know, is charged with Fail to Remain, it is important that it is taken seriously. This type of conviction carries with it a significant range of fines and consequences. If this appears on your driving record, it will triple your insurance rate, leaving most defendants in a position of no longer being able to afford insurance.

What Is Failing To Remain?

Failing to remain at the scene of a collision falls under Section 200 of Ontario’s Highway Traffic Act:

Duty of person in charge of vehicle in case of accident

200 (1) Where an accident occurs on a highway, every person in charge of a vehicle or street car that is directly or indirectly involved in the accident shall:

1. Remain at or immediately return to the scene of the accident;
2. Render all possible assistance; and
3. Upon request, give in writing to anyone sustaining loss or injury or to any police officer or to any witness his or her name, address, driver’s license number and jurisdiction of issuance, motor vehicle liability insurance policy insurer and policy number, name and address of the registered owner of the vehicle and the vehicle permit number. R.S.O. 1990, c. H.8, s. 200 (1); 1997, c. 12, s. 16.

HTA section 200(1)(a) is the section that police will generally charge a driver under for failing to remain at the scene of a collision. Alternatively, the police may sometimes charge under HTA s.199(1) for Fail to Report Accident. The three subsections here are generally worded as follows:

• 200(1)(a) – Fail to Remain
• 200(1)(b) – Fail to Render Assistance
• 200(1)(c) – Fail to Give Required Information

What Are the Penalties For Fail To Remain?

Generally, there are three areas of penalty if a defendant is convicted of a Highway Traffic Act offence:

• Court penalties
• licensing penalties
• Insurance cost increase

HTA section 200(2) defines the range of penalties that can be assigned by the court if you are convicted:

(2) Every person who contravenes this section is guilty of an offence and on conviction is liable to a fine of not less than $400 and not more than $2,000 or to imprisonment for a term of not more than six months, or to both, and in addition, the person’s license or permit may be suspended for a period of not more than two years. 2009, c. 5, s. 54.

It is important to note that the range of court fines described is also subject to the victim fine surcharge. The total-payable fine, in this case, would range from a minimum fine of $490.00 and a maximum fine of $2,500.00. Generally, imprisonment or court-ordered license suspensions are reserved either for defendants with a very poor driving history or for cases involving aggravating factors such as alcohol, serious injury, or fatality.

If convicted at court, that record of conviction will be sent to the Ministry of Transportation (MTO). The MTO will then register a record of conviction against your driving history along with the appropriate number of demerit points (penalties range between 0 and 7 demerit points, depending upon which HTA section you have been convicted under). All subsections under HTA section 200 are the maximum seven demerit point penalty.

Insurance cost increases for many HTA offences can readily surpass the fines issued by the court. Your insurer will look at multiple factors in considering your risk assessment and the cost to provide you with insurance. A conviction for Failing to Remain may result in you being removed from standard insurance and placed onto ‘high risk’ insurance.

*Court-ordered suspension. A conviction may result in other suspensions of your license by the MTO.

CVOR Points And Fail To Remain

Commercial motor vehicle (CMV) drivers, such as transport truck drivers, are in additional jeopardy if charged by the police. CMV drivers face the regular court, licensing, and insurance consequences of a conviction, but they also face CVOR points and an impact on their current and future employment. A conviction will result in an additional record of conviction and CVOR points for the driver’s employer (or the driver if they are under their own CVOR). The CVOR points for the various Sections of HTA s.200 are as follows:

A conviction for a 5-CVOR point offence may result in termination of employment and difficulty obtaining new employment.

What Happens If I’m A Novice Driver?

Novice drivers (i.e. G1, G2, M1, M2 licenses) are especially vulnerable to license suspensions and increases to insurance. Compared to a full driver’s license, novice drivers are subject to many limitations and restrictions. One such limitation is the triggering of escalated sanctions penalties for a conviction of any single offence that carries four or more demerit points. The severity of the penalty applied by the MTO depends on whether this is a first, second, or third occurrence:

• 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.

What Should I Do If Charged With Fail To Remain?

If you are charged by the police with Failing to Remain, it is important to immediately seek out legal advice so you can make informed decisions on how to proceed. A legal misstep can result in your conviction and consequences that will impact your life for years into the future. Our team at OTD Legal will guide you through the process from beginning to end, keeping you informed every step of the way!