Stunt Driving / Racing
A Stunt Driving / Racing charge can be given out to anyone caught traveling at a rate of speed of 50km/hr or higher than the posted speed limit. Stunt Driving / Racing is considered a very serious charge by the courts and the insurance companies and should be treated as such. This is not the time to go into court to try out your negotiating skills as the implications, if convicted of this sort of speeding charge, are major. The lawyers and paralegals at Traffic Ticket Solutions fight Speed Racing charges regularly and we have the training and experience to be able to prepare a proper defence for your Stunt Driving charge.
Penalties For Stunt Driving / Racing
The penalties if charged with a Stunt Driving / Racing ticket are:
- Immediate seven day licence suspension of the driver of the vehicle.
- Immediate seven day vehicle impoundment of the vehicle being driven at the time of the incident.
- Fine amounts ranging from $2,000 - $10,000
- Possible driver’s licence suspension of up to two years
- Six demerit points registered on your record
A second conviction could have more harsh penalties with licence suspensions of up to 10 years and possible jail time.
The immediate seven day licence suspension and car impoundment are mandatory, even if the car does not belong to the driver who receives the ticket. All towing and impoundment fees are the responsibility of the driver and can add up quickly, from a few hundred to a few thousand dollars.
Being convicted of a Stunt Driving / Racing offence could have huge implications on your insurance rates. Stunt Driving / Racing is considered a serious offence by most insurance companies and will likely increase rates even if it is the only ticket on your record. Since every insurance company has different policies and procedures, we cannot comment on the exact increases your insurance company may implement if you have a Stunt Driving / Racing offence on your record. Most insurance companies seem to be raising their rates by as much as 100% for a first time offence of Stunt Driving / Racing! There have been some reports of insurance companies canceling clients’ policies completely for a Stunt Driving / Racing conviction even when they have absolutely no other convictions on their record. This means that even one conviction of Stunt Driving / Racing can leave you without insurance and the only option for insurance may be a private insurance company that can cost thousands more than you are currently paying.
What is Considered a Stunt, Race or Contest?
At the bottom of the page is an excerpt from the Ontario Highway Traffic Act defining what a police officer can deem a Race, Stunt or Contest. This means that you can be charged with a Stunt Driving / Racing ticket if you do or perform any of the below.
A Section of the Stunt Driving Law Ruled Unconstitutional
On September 4th, 2009 a section of the Stunt Driving law in Ontario was ruled as unconstitutional. Section 3(7) of the Ontario Regulations 455/07 has been deemed unconstitutional as it, “created an absolute liability offence for which one can be imprisoned for six months, contrary to section 7 of the Charter of Rights and Freedoms.” What this means is that, for the time being, it is unconstitutional to convict a person of Stunt Driving under section 172 of the Highway Traffic Act solely on the fact that they were speeding. This does not, however, mean that all Stunt Driving charges are null and void or that you cannot receive a ticket for Stunt Driving or Speed Racing. There is detailed information outlining the ruling on Stunt Driving on our Traffic Ticket Solutions Law Firm Blog
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:
1. 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.
2. Driving a motor vehicle in a manner that indicates an intention to chase another motor vehicle.
3. 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).
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:
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.
2. 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.
3. Driving a motor vehicle in a manner that indicates an intention to spin it or cause it to circle, without maintaining control over it.
4. 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.
5. Driving a motor vehicle with a person in the trunk of the motor vehicle.
6. Driving a motor vehicle while the driver is not sitting in the driver’s seat.
7. Driving a motor vehicle at a rate of speed that is 50 kilometres per hour or more over the speed limit.
8. 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.
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).
5. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 455/07, s. 5.