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Sunday, November 19, 2017

Ontario Demerit Points System

Drivers convicted of certain driving-related offences have demerit points recorded on their records. It is a common misconception that drivers "lose" points due to convictions for certain traffic offences. In fact, a driver begins with zero demerit points and accumulates demerit points for convictions. Demerit points stay on your record for two years from the offence date. If you collect enough points, you can lose your driver's licence.

Below is a table outlining the demerit point penalties for driving offences:

7 demerit points will be added if you are convicted of:

  • Failing to remain at the scene of a collision
  • Failing to stop when signaled or asked by a police officer

6 demerit points will be added if you are convicted of:

  • Careless driving
  • Racing
  • Exceeding the speed limit by 50 km/hour or more
  • Failing to stop for a school bus

5 demerit points will be added if you are convicted of:

  • Failing to stop at an unprotected railway crossing (for bus drivers only)

4 demerit points will be added if you are convicted of:

  • Exceeding the speed limit by 30 to 49 km/hour
  • Following too closely

3 demerit points will be added if you are convicted of:

  • Driving while holding or using a hand-held wireless communications or entertainment device (cellphone)
  • Driving while viewing a display screen unrelated to the driving task
  • Exceeding the speed limit by 16 to 29 km/hour
  • Driving through, around or under a railway crossing barrier
  • Driving the wrong way on a divided road
  • Driving or operating a vehicle on a closed road
  • Failing to yield the right-of-way
  • Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
  • Failing to obey the directions of a police officer
  • Failing to report a collision to a police officer
  • Failing to slow and carefully pass a stopped emergency vehicle or a tow truck with its amber lights flashing (move-over)
  • Failing to move, where possible, into another lane when passing a stopped emergency vehicle or a tow truck with its amber lights flashing
  • Improper passing
  • Improper driving when road is divided into lanes
  • Improper use of a high occupancy vehicle lane
  • Going the wrong way on a one-way road
  • Crossing a divided road where no proper crossing is provided
  • Crowding the driver's seat

2 demerit points will be added if you are convicted of:

  • Improper right turn
  • Improper left turn
  • Improper opening of a vehicle door
  • Prohibited turns
  • Towing people — on toboggans, bicycles, skis (car surfing)
  • Unnecessary slow driving
  • Backing on highway
  • Failing to lower headlamp beams
  • Failing to obey signs
  • Failing to stop at a pedestrian crossing
  • Failing to share the road
  • Failing to signal
  • Driver failing to wear a seat belt
  • Driver failing to ensure infant/child passenger is properly secured in an appropriate child restraint system or booster seat
  • Driver failing to ensure that a passenger less than 23 kg is properly secured
  • Driver failing to ensure that a passenger under 16 years is wearing a seat belt

Penalties for demerit points

The consequences for gaining demerit points depend on how many you have added to your driving record.

As a driver with a full licence, if you have:

2 to 8 points:
You will be sent a warning letter.

9 to 14 points:
Your licence could be suspended. You may have to attend an interview to discuss your driving record. At this meeting, you will need to provide reasons why your licence should not be suspended.

If you have to attend an interview, you will get a letter (Notice of Interview) to notify you of the time, date and location of the meeting. If you do not attend, your licence could be suspended.

The fee for a demerit point interview is $50 and must be paid in person a any ServiceOntario Centre. You can pay the fee when you receive the Notice of Interview or within 10 business days of attending the interview. Failure to pay the interview fee will result in the cancellation of your driver’s licence.

15+ points:
Your licence will be suspended for 30 days.

When your licence is suspended, you will get a letter from the Ministry of Transportation. It will tell you the date your suspension takes effect and that you need to surrender your licence.

If you do not surrender your licence, you can lose your licence for up to two years.

Penalties for demerit points: new drivers

You are considered a novice – or new – driver if you have a G1, G2, M1, M2, M1-L or M2-L licence. As a new driver, you face different consequences for adding demerit points.

As a new driver, if you have:

2 to 5 points:
You will be sent a warning letter.

6 to 8 points:
Your licence could be suspended. You may have to attend an interview to discuss your driving record. At this meeting, you will need to provide reasons why your licence should not be suspended.

If you have to attend an interview, you will get a letter (Notice of Interview) to notify you of the time, date and location of the meeting. If you do not attend, your licence could be suspended.

The fee for a demerit point interview is $50 and must be paid in person at any ServiceOntario Centre. You can pay the fee when you receive the Notice of Interview or within 10 business days of attending the interview. Failure to pay the interview fee will result in the cancellation of your driver’s licence.

9 or more points:
Your licence will be suspended for 60 days.

When your licence is suspended, you will get a letter from the Ministry of Transportation. It will tell you the date your suspension takes effect and that you need to surrender your licence.

If you do not surrender your licence, you can lose your licence for up to two years.

Demerit Points for Out-of-Province Convictions

  • Drivers convicted of a driving related offence in the State of New York, the State of Michigan or any Canadian province or territory, will have home jurisdictional penalties such as demerit points and/or suspensions applied to their Ontario driver record as if the offence occurred in Ontario.
  • Examples of out-of-province convictions where Ontario demerit points and /or suspensions will be applied include:
TrafficCriminal
  • Speeding
  • Fail to obey stop sign
  • Fail to obey signal light
  • Fail to stop for school bus
  • Racing
  • Fail to remain or return to the scene of a collision
  • Careless driving
  • Motor manslaughter
  • Criminal negligence
  • Dangerous driving
  • Failure to remain at scene of a collision
  • Impaired Driving
  • Driving while disqualified or prohibited

The Ontario Registrar of Motor Vehicles is required to keep these records under Section 205 of the Highway Traffic Act and may use them for the purposes of administering the Ministry's Demerit Point System. Inquiries should be directed to:

Licensing Administration Office
Ministry of Transportation
Main Floor, Building A
2680 Keele Street
Downsview, ON M3M 3E6

Tel: 416-235-2999 or 1-800-387-3445

Whatever infraction you are accused of, we will help you keep your driver's licence !

 

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