Stunt Driving in Ontario
Stunt driving charges are typically issued when a motor vehicle driver is caught driving 50 km/h over the posted speed limit. Stunt driving is an offence against traffic laws covered in section 172(1) of the Highway Traffic Act in Ontario. It’s important to remember that you can be charged with stunt driving without actually racing another vehicle. Activities like squealing your tires or attempting a dangerous maneuver can lead to a stunt driving charge. Stunt driving is not limited to performing stunts; it also involves any deviation from the regular operation of a motor vehicle on the highway.
Stunt driving includes but is not limited to:
- Driving 40 kilometers per hour or more over the speed limit on roads with a speed limit of less than 80 kilometers per hour
- Driving 50 kilometers per hour or more over the speed limit
- Driving in a way that prevents other vehicles from passing
- Intentionally cutting off another vehicle
- Intentionally driving too close to another vehicle, pedestrian or fixed object
- Driving at 150 km/h or more results in stunt driving charges, including on freeways with 110 km/h limits
- Two or more motor vehicles driving in a way that indicates the drivers are racing
- Chasing another motor vehicle
- Changing lanes repeatedly at a high rate of speed and weaving through traffic
Roadside Penalties for Stunt Driving
- Seven-day roadside suspension of your driver’s licence
- Vehicle impoundment for seven days at your expense
Stunt Driving penalties upon conviction
- Six demerit points
- Minimum fine of $2000, maximum $10,000
- Possible suspension of your driver’s licence for up to two years
- Possible imprisonment of up to six months
- Increased insurance premiums
Understanding the severe consequences of stunt driving in Ontario is crucial. Apart from legal repercussions, driving uninsured could lead to other consequences. A suspension or revocation of your driver’s license could lead to losing your job if driving is a crucial requirement for your work. Not to mention, having a record of stunt driving can seriously impact your chances of securing government jobs such as in the police or military. Therefore, it’s essential to maintain a clean driving record and drive safely to avoid any potential consequences.
You’ve Been Charged Now What?
- Stop driving for seven days, the last thing you want is another charge for driving under suspension.
- It is advisable to hire a lawyer immediately
How to Fight Stunt Driving Charges?
Hire a traffic lawyer or paralegal to represent you in court
*Remember, if you choose to simply pay the fine and not go to court, you are pleading guilty
It is highly recommended that you seek legal representation immediately if facing a stunt driving charge. Having a lawyer represent you will significantly improve your chances of winning in court and avoid hefty penalties for stunt driving. If you choose not to hire representation, you must be ready to go through the complicated process alone.
Why Hire a Traffic Lawyer?
As previously stated, hiring a traffic lawyer can improve your chances of winning in court if you have been caught driving without insurance. And with a lawyer, you may not even need to attend court yourself. Fighting a stunt driving charge on your own is time-consuming and requires relevant knowledge and experience to achieve positive results in court. Therefore, working with a professional lawyer like X-Police is highly recommended to avoid frustrating outcomes.
Learn more about stunt driving charges and the penalties you can face.
Definition, “Race” and “Contest”
2. (1) For the purposes of section 172 of the Act, “race” and “contest” include any activity where one or more persons engage in any of the following driving behaviours:
- 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
i. driving a motor vehicle at a rate of speed that is a marked departure from the lawful rate of speed,
ii. 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
iii. 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).
(2) In this section, “marked departure from the lawful rate of speed” means a rate of speed that may limit the ability of a driver of a motor vehicle to prudently adjust to changing circumstances on the highway. O. Reg. 455/07, s. 2 (2).
Definition, “Stunt”
3. For the purposes of section 172 of the Act, “stunt” includes any activity where one or more persons engage in any of the following driving behaviours:
- Diving 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 40 kilometres per hour or more over the speed limit, if the speed limit is less than 80 kilometres per hour.
7.0.1 Driving a motor vehicle at a rate of speed that is 50 kilometres per hour or more over the speed limit, if the speed limit is 80 kilometres per hour or more.
7.1 Driving a motor vehicle at a rate of speed that is 150 kilometres per hour or more.
- 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,
i. driving a motor vehicle in a manner that indicates an intention to prevent another vehicle from passing,
ii. 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,
iii. 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
iv. making a left turn where,
(A) the driver is stopped at an intersection controlled by a traffic control signal system in response to a circular red indication;
(B) at least one vehicle facing the opposite direction is similarly stopped in response to a circular red indication; and
(C) 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; O. Reg. 320/19, s. 1; O. Reg. 410/21, s. 1.
Exceptions
4. (1) Despite section 2, “race” and “contest” do not include,
(a) a rally, navigational rally or similar event that is conducted,
(i) under the supervision of the Canadian Association of Rally Sport,
(ii) under the supervision of a club or association approved in writing by the Ministry, or
(iii) with the written approval of the road authority or road authorities having jurisdiction over the highway or highways used;
(b) motor vehicle owners engaged in a tour, scenic drive, treasure hunt or other similar motoring event in which the participants drive responsibly and in a manner that indicates an overall intention to comply with the provisions of the Act; or
(c) an event held on a closed course with the written approval of the road authority having jurisdiction over the highway, including any event lawfully using any of the trademarks “CART”, “Formula One”, “Indy”, “IndyCar”, “IRL” or “NASCAR”. O. Reg. 455/07, s. 4 (1).
(2) Despite sections 2 and 3, “race”, “contest” and “stunt” do not include any activity required for the lawful operation of motor vehicles described in subsections 62 (15.1) or 128 (13) of the Act, or the lawful operation of an emergency vehicle as defined in subsection 144 (1) of the Act. O. Reg. 455/07, s. 4 (2).