Photo: Dillan Payne, CC BY-SA 4.0, via Wikimedia Commons
In Ontario, stunt driving includes going 40 km/h or more over the limit on roads under 80 km/h, or 50 km/h or more over anywhere. It brings an immediate 30-day licence suspension and a 14-day vehicle impoundment at the roadside. Distracted driving costs a novice a 30-day suspension on a first conviction, and careless driving carries 6 demerit points. Here are the definitions and penalties every G1 and G2 driver should know.
Penalties at a glance
| Offence | Main penalties | Extra for G1/G2 |
|---|---|---|
| Distracted driving (first conviction) | $615 if settled out of court, up to $1,000 in court; 3 points and 3-day suspension for full licence holders | No points; 30-day suspension |
| Careless driving | Up to $2,000; 6 points; up to 6 months in jail; suspension up to 2 years | Escalating sanction (30-day suspension for a first occurrence) |
| Stunt driving or street racing | Immediate 30-day suspension; 14-day impoundment; $2,000 to $10,000; 6 points; 1 to 3-year suspension on first conviction | At least 30-day suspension; possible cancellation |
Distracted driving in Ontario
What is illegal
While driving, including stopped in traffic or at a red light, you must not:
- hold or use a phone or other hand-held device to text, dial or browse. You may touch it only to call 911.
- use a hand-held entertainment device such as a tablet or games console
- have a screen visible to you that is unrelated to driving, such as a video
- program a GPS by hand. Voice commands are fine.
Allowed: hands-free use with an earpiece, lapel button or Bluetooth, and a securely mounted phone or GPS touched only to start, answer or end a call. Built-in or mounted GPS screens may be viewed.
Eating, drinking, grooming and reaching for things are not covered by the distracted driving law, but you can still be charged with careless or dangerous driving for them.
Distracted driving penalties
| Conviction | Fine | Full licence (A to G, M) | Novice (G1, G2, M1, M2) |
|---|---|---|---|
| First | $615 out of court, up to $1,000 in court | 3 points, 3-day suspension | 30-day suspension, no points |
| Second | $615 out of court, up to $2,000 in court | 6 points, 7-day suspension | 90-day suspension |
| Third or more | $615 out of court, up to $3,000 in court | 6 points, 30-day suspension | Licence cancelled; you redo graduated licensing |
A licence reinstatement fee is due after every suspension.
Careless driving
Careless driving means driving without due care and attention, or without reasonable consideration for others on the road. Any distraction, including a hands-free device, can lead to the charge if you endanger people.
- Careless driving: fines up to $2,000, 6 demerit points, up to six months in jail, and a suspension of up to two years.
- Careless driving causing bodily harm or death: fines of $2,000 to $50,000, 6 points, up to two years in jail, a court suspension of up to five years and a mandatory driver improvement course.
- Dangerous driving is a criminal offence, with jail terms of up to 10 years for causing bodily harm or 14 years for causing death.
What counts as stunt driving in Ontario?
- 40 km/h or more over the limit on a road with a limit under 80 km/h
- 50 km/h or more over the limit on any road
- 150 km/h or more anywhere, including freeway sections posted at 110 km/h
- driving to stop another vehicle passing
- deliberately cutting off another vehicle
- deliberately driving too close to another vehicle, a pedestrian or a fixed object
Street racing includes two or more vehicles driving in a way that shows the drivers are competing, chasing another vehicle, and weaving through traffic with repeated high-speed lane changes. The full list is in Ontario Regulation 455/07 under the Highway Traffic Act.
Examples
- 70 km/h in a 50 km/h zone: 20 over. Speeding, not stunt driving.
- 90 km/h in a 50 km/h zone: 40 over on a road under 80. Stunt driving.
- 130 km/h on a 100 km/h highway: 30 over. Speeding with 4 points, and for a novice at least a 30-day suspension on conviction.
- 150 km/h on a 110 km/h freeway section: stunt driving.
Stunt driving and street racing penalties
- immediate 30-day licence suspension at the roadside
- immediate 14-day vehicle impoundment, whether or not you own the vehicle
- fine of $2,000 to $10,000
- 6 demerit points and a mandatory driver improvement course on conviction
- post-conviction suspension: 1 to 3 years for a first conviction, 3 to 10 years for a second, lifetime (reducible after 10 years under certain criteria) for a third, lifetime with no reduction for a fourth
- possible jail of up to six months
Aggressive driving and road rage
The MTO handbook lists tailgating, speeding and failing to yield as aggressive behaviours that can spark road rage. Several stunt driving behaviours above, such as deliberately cutting off or crowding another vehicle, are the same moves, so they can bring the stunt penalties. The handbook calls street racing the most serious form of aggressive driving, and it can also lead to Criminal Code charges.
- Do not compete, retaliate or try to “educate” another driver. Leave enforcement to the police.
- Do not return aggression: avoid eye contact and do not gesture back. Keep away from erratic drivers.
- If you feel threatened, stay in the car with the doors locked, call police if you have a phone, and use your horn and signals to attract attention.
- If you think you are being followed, do not drive home. Go to a police station or a busy public place.
Speeding fines in Ontario
| Over the limit | Fine per km/h over | Demerit points |
|---|---|---|
| Under 20 km/h | $3.00 | None listed under 16 over; 3 from 16 over |
| 20 to under 30 km/h | $4.50 | 3 |
| 30 to under 50 km/h | $7.00 | 4 |
| 50 km/h or more | $9.75 | 6 |
Fine rates are as of June 2020, per Ontario.ca. Example: 40 km/h over is 40 x $7 = $280.
Why these matter more on a G1 or G2
Ontario.ca says novice drivers face at least a 30-day suspension and possible cancellation for any conviction for speeding 30 km/h or more over, following too closely, careless driving, leaving a collision scene or stunt driving. These are escalating sanctions, and a third occurrence cancels your licence. See Ontario demerit points for new drivers.
Convictions for aggressive, careless or stunt driving also bring a substantial insurance increase, or can make you uninsurable.
Common questions
Is it stunt driving to go 50 over on the 401?
Yes. 50 km/h or more over the limit is stunt driving on any road.
Can I use my phone at a red light in Ontario?
No. The distracted driving law applies while you are stopped in traffic or at a red light.
Can I use Google Maps on a mounted phone?
Yes, if the phone is securely mounted. Set the route before you leave, or use voice commands. Programming it by hand while driving is illegal.
Do G2 drivers get demerit points for texting?
No points, but a 30-day suspension for a first conviction, 90 days for a second and cancellation for a third, plus the fine.
Is my car impounded if a friend was driving it for stunt driving?
Yes. The 14-day roadside impoundment applies whether or not the driver owns the vehicle.
Is eating while driving illegal in Ontario?
Not under the distracted driving law, but you can be charged with careless driving if it puts others at risk.
Back to learning to drive in Ontario. Also see impaired driving in Canada for new drivers and G2 rules.
Sources
- Government of Ontario, “Distracted driving” (ontario.ca)
- Government of Ontario, “Speeding and aggressive driving” (ontario.ca)
- Government of Ontario, “The Official MTO Driver’s Handbook: Dealing with particular situations” (ontario.ca)
- Government of Ontario, “The Official MTO Driver’s Handbook: Other ways to lose your licence” (ontario.ca)
- Government of Ontario, “Understanding demerit points” (ontario.ca)