STUNT DRIVING / RACE MOTOR VEHICLE
WHAT IS STUNT DRIVING / RACE MOTOR VEHICLE?
Stunt Driving falls under section 172 of the Highway Traffic Act: “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.” This is an incredibly brief and broadly worded definition compared to the severity of the penalties that can be issued by the court. To find the actual definitions for what constitutes a “race,” “contest,” or “stunt,” it is necessary to turn to Ontario Regulation 455/07. “Race” or “contest” is defined as follows:- Driving two or more motor vehicles at a rate of speed that is a marked departure from the lawful rate of speed and in a manner that indicates the drivers of the motor vehicles are engaged in a competition.
- Driving a motor vehicle in a manner that indicates an intention to chase another motor vehicle.
- Driving a motor vehicle without due care and attention, without reasonable consideration for other persons using the highway or in a manner that may endanger any person by,
- driving a motor vehicle at a rate of speed that is a marked departure from the lawful rate of speed,
- outdistancing or attempting to outdistance one or more other motor vehicles while driving at a rate of speed that is a marked departure from the lawful rate of speed, or
- repeatedly changing lanes in close proximity to other vehicles so as to advance through the ordinary flow of traffic while driving at a rate of speed that is a marked departure from the lawful rate of speed. O. Reg. 455/07, s. 2 (1).
- Driving a motor vehicle in a manner that indicates an intention to lift some or all of its tires from the surface of the highway, including driving a motorcycle with only one wheel in contact with the ground, but not including the use of lift axles on commercial motor vehicles.
- Driving a motor vehicle in a manner that indicates an intention to cause some or all of its tires to lose traction with the surface of the highway while turning.
- Driving a motor vehicle in a manner that indicates an intention to spin it or cause it to circle, without maintaining control over it.
- Driving two or more motor vehicles side by side or in proximity to each other, where one of the motor vehicles occupies a lane of traffic or other portion of the highway intended for use by oncoming traffic for a period of time that is longer than is reasonably required to pass another motor vehicle.
- Driving a motor vehicle with a person in the trunk of the motor vehicle.
- Driving a motor vehicle while the driver is not sitting in the driver’s seat.
- Driving a motor vehicle at a rate of speed that is 50 kilometres per hour or more over the speed limit.
- Driving a motor vehicle without due care and attention, without reasonable consideration for other persons using the highway or in a manner that may endanger any person by,
- driving a motor vehicle in a manner that indicates an intention to prevent another vehicle from passing,
- stopping or slowing down a motor vehicle in a manner that indicates the driver’s sole intention in stopping or slowing down is to interfere with the movement of another vehicle by cutting off its passage on the highway or to cause another vehicle to stop or slow down in circumstances where the other vehicle would not ordinarily do so,
- driving a motor vehicle in a manner that indicates an intention to drive, without justification, as close as possible to another vehicle, pedestrian or fixed object on or near the highway, or
- making a left turn where,
- the driver is stopped at an intersection controlled by a traffic control signal system in response to a circular red indication;
- at least one vehicle facing the opposite direction is similarly stopped in response to a circular red indication; and
- the driver executes the left turn immediately before or after the system shows only a circular green indication in both directions and in a manner that indicates an intention to complete or attempt to complete the left turn before the vehicle facing the opposite direction is able to proceed straight through the intersection in response to the circular green indication facing that vehicle. O. Reg. 455/07, s. 3.
WHAT ARE THE PENALTIES FOR STUNT DRIVING?
A conviction for Stunt Driving can result in court, licencing, and insurance penalties. The court penalties for Stunt Driving can include the following:- A fine of not less than $2,000 and not more than $10,000 (plus a 25% victim fine surcharge)
- Imprisonment for a term of not more than six months
- A licence suspension up to 2 years for a first offence
- A licence suspension up to 10 years for a subsequent offence
WHAT HAPPENS IF I’M A NOVICE DRIVER?
Novice drivers (such as those with a G1, G2, M1, or M2 licence) are subject to additional licencing restrictions compared to a fully-licenced driver. One such limitation is that being convicted of any single offence that carries 4 or more demerit points will result in the MTO applying escalated sanctions penalties as follows:- 30-day licence suspension for the first occurrence
- 90-day licence suspension for the second occurrence
- Licence 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 licence is cancelled. Please note that in the case of a hybrid driver, only the novice-class licence is cancelled on the third occasion; their full-class licence is maintained.
STUNT DRIVING AND COMMERCIAL MOTOR VEHICLES
Commercial motor vehicle (CMV) drivers must aggressively protect their driving record. CMV drivers face all of the usual licencing and insurance problems faced by a regular driver. However, more importantly, a conviction for Stunt Driving can also directly impact their current or future employability. If a transport truck driver or other CMV driver is charged with Stunt Driving while on the job, their offence notice will likely include their employer’s CVOR number. If convicted, not only would the driver receive a record of conviction and 6 demerit points, but their employer’s CVOR would also receive a record of conviction. Stunt Driving offences carry the highest possible CVOR penalty of 5 points. A 5 CVOR point conviction may result in the loss of the driver’s current employment as well as difficulty finding future employment.WHAT SHOULD I DO IF I’M CHARGED WITH STUNT DRIVING?
Stunt Driving is an incredibly serious offence with enormous consequences should you be convicted. In the days and months following your having been charged by the police, a number of very important things will occur including the attendance of your mandatory First Appearance hearing listed on your summons. It is important that you are making informed legal decisions at each point in your case to protect your interests. A legal misstep at any point in your defence can result in either an unnecessary conviction or a poorer resolution.
Having a licenced paralegal representing you a court provides a number of important advantages. The most important of which is that you are being represented by someone licenced through the Law Society who knows the law and the court system. It is common for these cases to take anywhere from 6 to 12 months at court to be resolved and most of these cases can be resolved without requiring you to be present at court. This takes away an enormous amount of stress and anxiety for most defendants who are worried about appearing before the court and avoids the cost of missed work days for court attendances. Our experienced team will seek out any legal arguments to have your charge withdrawn as their first priority. If your offence can not be thrown out entirely, we can argue on your behalf for an entirely different lesser offence or negotiate for minimal penalties to protect you. If your case is best suited to a being argued as a full trial, having a licenced paralegal representing you will give you your best fighting chance to win your trial.
Our team is here to help you. We offer a no cost, no obligation initial consultation to go through your case history and details to understand your situation and provide you with an understanding of the offence and the court process. It is important that you are making informed decisions. If you have been charged by the police, our friendly staff can be reached via our toll-free number 1-844-647-6869, by email at info@otdlegal.ca, or via text at 226-240-2480. Any time of day or night, you can also submit an online consultation request and one of our staff will contact you during regular business hours to assist you.