• Careless Driving Section 130 of HTA

Section 130 of HTA states that: Every person is guilty of the offence of driving carelessly who drives a vehicle or street car on a highway without due care and attention or without reasonable consideration for other persons using the highway 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 his or her licence or permit may be suspended for a period of not more than two years.

Careless driving is a Traffic Ticket under the Highway Traffic Act, a Province of Ontario provincial law. Police officers may issue this ticket when they believe the driver was driving without due care and attention to their driving, meaning not driving carefully enough.

Careless driving tickets have licence suspensions, demerits points and will cause insurance rates to increase.

Examples of what counts as stunt driving:

• A collision with another vehicle.
• Tailgating and/or rear-ending another vehicle.
• Passing another vehicle in an aggressive manner.
• Failing to yield to pedestrians on a crosswalk.
• Eating or drinking while driving.
• Putting on makeup while driving.
• Failing to yield to the right of way of another vehicle.
• Overtaking and forcing your way into a line of vehicles waiting to turn or exit.

Penalties – Class G1 and G2 Drivers

• 6 demerit points
• Fine between $400 to $2000 and in case of bodily harm $2000 and $5000
• Imprisonment up to 6 months and in case of bodily harm up to 2 years
• Suspension of driver’s licence up to 2 years and in case of bodily harm up to 5 years

Defences:

Recently Ontario’s courts are inclined to view Careless Driving as Strict Liability as in R v Sault Ste-Marie. So due diligence defence is available for defendant who has to prove it on a balance of probability while prosecutor has to prove elements of the offence beyond a reasonable doubt like in R v Wong.

• Failure to stop at the scene of accident/remain Section 200(1) HTA

  Failure to Stop at the scene of an accident is a criminal charge under the Criminal Code of Canada with the following penalties:

  Examples of what counts as stunt driving:

  • Fines
  • Jail
  • Licence Suspension
  • Criminal record for life
  • Probation or diversion

  The reason the police may consider a charge under the criminal code is usually due to the seriousness of the accident, or the location of the accident.
  Usually, a charge of “Fail to Stop” at the scene of an accident is laid where there is:

  • A fatality
  • Serious personal injury
  • The accident has occurred on private property

  Fail to Remain under the Highway Traffic Act is normally laid by the police where there is only property damage involved.

  Section 200 (1) of HTA stipulates that: “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,

  • Remain at or immediately return to the scene of the accident;
  • Render all possible assistance; and
  • 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 licence 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”.

  Failure to do the above is an offence and subject to punishment on conviction. The penalty includes 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; In addition, the person’s licence or permit may be suspended for a period of up to 2 years.

  If there is no suspension of the driver’s licence ordered by the court, seven demerit points will be added to your driving record. Your driver’s licence could be suspended if you accumulate too many points.

  The duty to remain under section 200, applies if the accident occurs on a highway. This duty pertains to all vehicles at the scene, whether directly or indirectly involved and it begins as soon as there is an accident and is not connected to the seriousness of the accident.

  Penalties:

  • 7 Demerit points
  • Discretional suspension up to 2 years
  • Fine between $400 and $2000
  • Imprisonment up to 6 months

  Defence:

  Although Failure to remain is a regulatory offence, courts in Ontario are inclined to view this as a Strict Liability. So Prosecutor has to prove elements of offence beyond reasonable doubt while defendant or accused can avoid liability by proving that he/she took all reasonable care on a balance of probability. This involves consideration of what a reasonable man would have done in the circumstances. This type of defence is available if accused reasonably believes in mistaken set of facts which if true would render the act or omission innocent, or if he took all reasonable steps to avoid the particular event.

Offences related to seat belt Section 106 of HTA

• Drive With Seat Belt Removed //failure To Fasten Seat Belt
• Drive With Seat Belt Inoperative
• Drive With Seat Belt Modified
• Fail To Properly Wear Seat Belt (driver)
• Fail To Occupy Position With Seat Belt (passenger)
• Fail To Properly Wear Seat Belt (passenger)

All persons are required to wear seat belts and drivers are liable for persons under 16 years

Section 106 of HTA stipulates that “No person shall drive on a highway a motor vehicle in which a seat belt assembly required under the Motor Vehicle Safety Act (Canada) at the time that the vehicle was manufactured or imported into Canada has been removed, rendered partly or wholly inoperative, modified so as to reduce its effectiveness or is not operating properly through lack of maintenance.

• How The Seat Belt Is To Be Worn
• Drivers Failing To Wear A Seat Belt
• Seat Belts May Not Be Removed Or Altered From A Motor Vehicle
• Drivers Are Responsible For Passengers Under 16 Years Of Age
• Passengers Must Always Wear Seat Belts

Penalties in regards to section 106 of HTA

Violations related to Seatbelt under the HTA and Reg. 613

Defence:

Sections 106 (6) and 106 (7) of HTA set out exceptions to the seatbelt requirements. You don’t have to wear a seatbelt when driving reverse, or for medical reasons.

Regulation 613 of HTA sets out requirements for drivers, passengers and children in regards to wearing seatbelts.

Due diligence defence is available however evidence could be found inadmissible if charter issues are raised.

Disobey Stop sign section 136 HTA

Section 136 of HTA requires Every driver approaching a stop sign at an intersection to:

• Stop his or her vehicle at a marked stop line or,
• If none, then immediately before entering the nearest crosswalk or, if none, then immediately before entering the intersection, and yield the right of way to traffic in the intersection or approaching the intersection on another highway so closely that to proceed would constitute an immediate hazard and, having so yielded the right of way, may proceed.

Drivers are required to come to a “full and complete stop” at stop signs but not a rolling stop.

Penalties:

• Three demerit points
• Fine of one hundred and ten dollars ($110.00)
• Conviction registered on your driving record for three years
• Insurance increases and determination of fault in accident cases

Defence:

Nothing in the wording of section 136 indicates how long drivers must stop. It is a common misconception that drivers shall stop for a certain amount of time.

There are other defences available as the case may be. Due diligence defence is not available for this offence which is a restrict liability offence and prosecutor only needs to prove that accused has committed the offence. However the standard proof is beyond a reasonable doubt.

Disobeying Traffic Sign section 182(2) HTA

Section 182(2) of HTA requires Every driver or operator of a vehicle or street car to obey the instructions or directions indicated on any sign so erected.

Penalties:

• 2 demerit points
• Fine in the amount of $85

Defence:

This offence is an absolute liability offence. However prosecutor needs to prove not only did the accused disobey the sign but also the sign meets all regulatory requirements.

Speeding section 128(1)

Section 128(1) prohibits driving a motor vehicle at a rate of speed in excess of that permitted on the specified highway.

Rate of speed includes:

• 50 kilometres per hour on a highway within a local municipality or within a built-up area;
• despite clause (a), 80 kilometres per hour on a highway, not within a built-up area, that is within a local municipality that had the status of a township on December 31, 2002 and, but for the enactment of the Municipal Act, 2001, would have had the status of a township on January 1, 2003, if the municipality is prescribed by regulation;
• 80 kilometres per hour on a highway not within a local municipality or within a built-up area;
• 80 kilometres per hour on a highway designated by the Lieutenant Governor in Council as a controlled-access highway under the Public Transportation and Highway Improvement Act, whether or not the highway is within a local municipality or built-up area;
• the rate of speed prescribed for motor vehicles on a highway in accordance with subsection (2), (5), (6), (6.1) or (7); or
• the maximum rate of speed set under subsection (10) and posted in a construction zone designated under subsection (8) or (8.1).

Penalty:

• Is less than 20 kilometres per hour over the speed limit, to a fine of $3 for each kilometre per hour that the motor vehicle was driven over the speed limit;
• Is 20 kilometres per hour or more but less than 30 kilometres per hour over the speed limit, to a fine of $4.50 for each kilometre per hour that the motor vehicle was driven over the speed limit;
• Is 30 kilometres per hour or more but less than 50 kilometres per hour over the speed limit, to a fine of $7 for each kilometre per hour that the motor vehicle was driven over the speed limit; and
• Is 50 kilometres per hour or more over the speed limit, to a fine of $9.75 for each kilometre per hour that the motor vehicle was driven over the speed limit.

Demerit Points:

Penalty for speeding in construction zones

• Suspend the driver’s licence of the person for a period of not more than 30 days;
• Upon the first subsequent conviction where the court determined in respect of each conviction that the person was driving at a rate of speed of 50 or more kilometres per hour greater than the speed limit, suspend the driver’s licence of the person for a period of not more than 60 days;
• Upon the second subsequent conviction or an additional subsequent conviction, where the court determined in respect of each conviction that the person was driving at a rate of speed of 50 or more kilometres per hour greater than the speed limit, suspend the driver’s licence of the person for a period of not more than one year.

Defences

Speeding under section 128 is an absolute liability offence. So once you admit your guilt you are liable and have to face the consequences. However, prosecutor is obligated to prove all elements of the offence beyond a reasonable doubt. It is highly recommended to seek legal advice to see if there is any possibility of quashing evidences or certificate of offence. Also circumstances of the case should be reviewed carefully by your legal counsel so that he/she may discuss with prosecutor for a better option

Distracted driving/Hand-held communication/entertainment devices and certain display screens section 78(1) hta

Ontario’s distracted driving laws apply to the use of hand-held communication/entertainment devices and certain display screens.
While you are driving, including when you are stopped in traffic or at a red light, it is illegal to:

• Use a phone or other hand-held wireless communication device to text or dial – you can only touch a device to call 911 in an emergency
• Use a hand-held electronic entertainment device, such as a tablet or portable gaming console
• View display screens unrelated to driving, such as watching a video
• Program a gps device, except by voice commands

Section 78(1) high way traffic act stipulates that:

No person shall drive a motor vehicle on a highway if the display screen of a television, computer or other device in the motor vehicle is visible to the driver.

Moreover it bans drivers to drive a motor vehicle on a highway while holding or using a hand-held wireless communication device or other prescribed device that is capable of receiving or transmitting telephone communications, electronic data, mail or text messages.

Exceptions

• A global positioning system navigation device while being used to provide navigation information;
• A hand-held wireless communication device or a device that is used as a gps
• A logistical transportation tracking system device used for commercial purposes to track vehicle location, driver status or the delivery of packages or other goods;
• A collision avoidance system device that has no other function than to deliver a collision avoidance system; or
• An instrument, gauge or system that is used to provide information to the driver regarding the status of various systems of the motor vehicle.

So you are allowed to use hands-free wireless communications devices with an earpiece, lapel button or bluetooth. You can view gps display screens as long as they are built into your vehicle’s dashboard or securely mounted on the dashboard.

Other actions such as eating, drinking, grooming, smoking, reading and reaching for objects are not part of ontario’s distracted driving law. However, you can still be charged with careless or dangerous driving.

Penalties:

Drivers with a to g licences

• First Conviction
  • A fine of $615, if settled out of court (includes a victim surcharge and the court fee)
  • A fine of up to $1,000 if a summons is received or if you fight the ticket in court and lose
  • Three demerit points
  • 3-day suspension
• Second Conviction
  • A fine of $615, if settled out of court (includes a victim surcharge and the court fee)
  • A fine of up to $2,000 if a summons is received or if you fight the ticket in court and lose
  • Six demerit points
  • 7-day suspension
• Third and any further conviction(s)
  • A fine of $615, if settled out of court (includes a victim surcharge and the court fee)
  • A fine of up to $3,000 if a summons is received or if you fight the ticket in court and lose
  • Six demerit points
  • 30-day suspension

Novice drivers

If you hold a g1, g2, m1 or m2 licence, and are convicted of distracted driving, you’ll face the same fines as drivers with a to g licences. But you won’t receive any demerit points.

Instead of demerit points you’ll face longer suspensions:

• A 30-day licence suspension for a First Conviction
• A 90-day licence suspension for a Second Conviction
• Cancellation of your licence and removal from the graduated licensing system (gls) for a Third Conviction
  • To get your licence back you’d have to redo the gls program

Defences

• The defence is an absolute liability offence. So accused in unable to rely on due diligence defence. However, prosecutor needs to prove the elements of offence beyond a reasonable doubt.
• Quashing the evidences is a technique used to defend this offence.
• Touching the phone momentarily even if the device is not capable of receiving or transmitting telephone communications, electronic data, mail or text messages are not considered as a defence any longer.

Failing to stop for school bus section 175(11)

Section 175 (11) of hta prohibits drivers or street car operators, when meeting on a highway, other than a highway with a median strip, a stopped school bus that has its overhead red signal-lights flashing, shall stop before reaching the bus and shall not proceed until the bus moves or the overhead red signal-lights have stopped flashing.

Penalty :

• For a first offence, to a fine of not less than $400 and not more than $2,000; and
• For each subsequent offence, to a fine of not less than $1,000 and not more than $4,000 or to imprisonment for a term of not more than six months, or to both.

Demerit points

If accused is convicted of failing to stop for school bus, he/she will obtain 6 demerit points.

Defence:

Nowadays school buses are equipped with cameras. Moreover, there are witnesses nearby including students, parents or staff of school. However, disclosures must be reviewed carefully by legal counsel to see any possibility of quashing the evidences.
Moreover exceptions could be considered while defending the offence like r.v.colaco where the accused was not found guilty because there was a median strip in the highway.

Driving too Close section 158 HTA

Section 158 of HTA prohibits a driver of a motor vehicle or street car not to follow another vehicle or street car more closely than is reasonable and prudent having due regard for the speed of the vehicle and the traffic on and the conditions of the highway.

So following a vehicle more closely than is reasonable without having regard for the speed of the vehicle, the traffic on the roadway and the conditions of the highway, may result in your being charged.

Penalties :

• Demerit Points: 4
• Fine: Between $85 and $500

Defence :

This regulatory offence is a restrict liability offence for which due diligence defence is available. However, prosecutor shall prove all elements of offence beyond a reasonable doubt (R. v. Haddad)
Follow too closely is a major offence.

Failure to stop for an emergency vehicle section 159(1)

Section 159 (1) of hta requires a driver of a vehicle to immediately bring such vehicle to a standstill, upon the approach of a police department vehicle with its bell or siren sounding or with its lamp producing intermittent flashes of red light or red and blue light, or upon the approach of an ambulance, fire department vehicle or public utility emergency vehicle with its bell or siren sounding or its lamp producing intermittent flashes of red light,

• As near as is practicable to the right-hand curb or edge of the roadway and parallel therewith and clear of any intersection; or
• When on a roadway having more than two lanes for traffic and designated for the use of one-way traffic, as near as is practicable to the nearest curb or edge of the roadway and parallel therewith and clear of any intersection.
  Failure to act as above will result in heavy fines and other severe consequences.

Penalties :

• For a first offence, to a fine of not less than $400 and not more than $2,000
• For each subsequent offence, to a fine of not less than $1,000 and not more than $4,000
• Imprisonment for a term of not more than six months, or both
• Up on conviction accused will receive 3 demerit points.

Defence:

As a restrict liability offence due dilligance defence and reasonable mistake of fact are available (r. v. Drljevic).

Driving without insurance

Drivers in Ontario are required under the Compulsory Automotive Insurance Act to have their vehicles insured. The owner of a motor vehicle is responsible for insuring that the vehicle is covered with liability insurance before the vehicle is driven on the roadway.

Even if the owner of the vehicle is not driving, they can be charged with “permitting the operation of a motor vehicle without insurance”.
Section 2(1) o f the act prohibits owner or lessee of a motor vehicle to

• Operate the motor vehicle; or
• Cause or permit the motor vehicle to be operated, on a highway unless the motor vehicle is insured under a contract of automobile insurance.

Penalty :

• Fine between $5000 to $25000
• Suspension of the driver’s license for 30 days for the first conviction
• Upon second conviction offender shall be subject to a fine between $10000 to $50000 plus %25 victim fine surcharge and or suspension of deriver’s license for one year and impounding of the vehicle for three months.

Defence :

This offence is not subject to demerit points. However, it has extremely detrimental consequences. Upon conviction offender has to pay a hefty fines and costs in regards to potential impoundment of the vehicle and dramatic increase in insurance rate.
Fighting the offence is very significant and could save thousands of dollars. While options are limited, Provincial Offences Act has provided a mechanism to seek relief in some circumstances.

Driving while suspended section 53(1)

Section 53 (1) of hta states that “every person who drives a motor vehicle or street car on a highway while his or her driver’s licence is suspended under an act of the legislature or a regulation made thereunder is guilty of an offence and on conviction is liable,

• For a first offence, to a fine of not less than $1,000 and not more than $5,000; and
• For each subsequent offence, to a fine of not less than $2,000 and not more than $5,000,

Or to imprisonment for a term of not more than six months, or to both.”
This offence is major has sever consequences.

Penalty :

Driving while suspended has severe penalties that can dramatically affect you including:

• Possible six (6) months in jail
• Fine between $1000 and $2000
• Six (6) months licence suspension for a first offence.
• Minimum five thousand (5000) dollar fine for cases involving alcohol suspensions.

These severe penalties are for a first offence of driving while suspended, second convictions will result in harsher penalties.

Defence:

Defence of due diligence is available in many circumstances. For example, defendant needs to show that he/she has taken all reasonable steps to prevent his/her license falling into suspension.
In addition, as honourable justice fairgrieve stated: “those who are “morally innocent” of the offence because they did not know that they were under suspension and who were “persons who really have done nothing wrong” should not be found guilty in these circumstances.”

Fail to stop at red light section 144(18)

Section 144 (18) of hta requires every driver approaching a traffic control signal showing a circular red indication and facing the indication to stop his or her vehicle and shall not proceed until a green indication is shown.

• Red light tickets are considered “hazardous infractions”.
• Every person who contravenes subsection (18) is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $1,000.

Penalty :

Red light tickets have up to four (4) different penalties:

• Three (3) demerit points (there is no demerit point for a red light camera offence)
• A fine between $200 and $1000. ($325.00 for a red light camera offence)
• Determination of fault in accident cases

Defences:

Fail to stop under section 144(18) is an absolute liability offence (r.v.Kurtzman).
Evidences and certificate of offence should be carefully reviewed to see any possibility of quashing them or raise a reasonable doubt so that prosecutor may be unable to prove the elements of the offence.

Failing to report an accident section 199(1)

Section 199(1) of hta requires every person in charge of a motor vehicle or street car who is directly or indirectly involved in an accident to report the accident immediately to the nearest police officer and provide the officer the information concerning the accident as may be required by the officer if,

• The accident results in personal injuries or in damage to property apparently exceeding an amount prescribed by regulation; or
• The accident involves any door of the motor vehicle that is open or opening coming into contact with a cyclist, a bicycle or a moving vehicle, even if the motor vehicle is stationary, stopped or parked.

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 licence or permit may be suspended for a period of not more than two years.

When you’re involved in an accident you are supposed to:

• Stop
• Call the police if there is personal injury
• Check to see if the other driver or occupants are ok; if there is a need for medical attention
• Call the police if there is damage that appears to be in excess of two thousand dollars ($2,000)
• Give your name, address & insurance information to any person suffering a loss

Penalties :

• Fine between $400 and $2000
• Imprisonment for up to 6 months
• Driver’s license suspension for up to 2 years
• 3 demerit points