Demerit Points

Most traffic tickets in Ontario have demerit points associated with the offence. These demerit points are not listed on the ticket and officers are not authorized to assign an amount of demerit points to a traffic ticket offence. Demerit points are a standard put forth by the Ministry of Transportation in Ontario. When you are found guilty of a traffic ticket in court, that offence will appear on your driver’s record with the specified amount of demerit points associated with it. For an up to date list of different offences and the demerit points they carry, please see the chart below. If you accumulate enough demerit points on your record, you could face an interview with the Ministry of Transportation or even a licence suspension for having too many demerit points. Here is an indication of how demerit points could affect the state of your licence:

Demerit Points and Fully Licenced Drivers

If you are a fully licenced driver and you accumulate 6 demerit points on your record, you will be sent a warning letter in the mail. If you accumulate 9 points, an interview will be set for you to go into the Ministry of Transportation to discuss your driving record and to offer reasons why they should not suspend your licence. If you do not attend this interview, your licence will likely be suspended. If you accumulate 15 demerit points, your licence will be suspended for 30 days from the time that you surrender your licence to the Ministry of Transportation. If you fail to surrender your licence, you can lose your licence for up to 2 years. After the suspension you may be required to complete a driver re-examination (vision, knowledge and road tests), the number of points on your record will be reduced to 7. Any extra points could again bring you to the interview level. If you reach 15 points again, your licence will be suspended for 6 months.

Even if a traffic ticket does not carry any demerit points, paying the ticket is still pleading guilty to the offence and a traffic ticket conviction will still be registered on your record which could still increase your insurance rates. The only way to avoid a traffic ticket on your record is to fight the ticket in court for a chance to have the ticket reduced or eliminated.

Demerit Points and New Drivers

If you are a class G1, G2, M1 or M2 driver, once you accumulate a minimum of 2 or more demerit points on your record, you will be sent a warning letter in the mail. Once you receive 6 demerit points, an interview will be set for you to go into the Ministry of Transportation to discuss your driving record and to offer reasons why they should not suspend your licence. If you do not attend this interview, your licence will likely be suspended. If you accumulate 9 demerit points, your licence will be suspended for 60 days from the time that you surrender your licence to the Ministry of Transportation. If you fail to surrender your licence, you can lose your licence for up to 2 years. After the suspension period, the number of points on your record will be reduced to 4. Any additional points could again bring you to the interview level. If you reach 9 points again, your licence can be suspended for 6 months from the date you surrender it to the Ministry of Transportation.

Column 1 Column 2 Column 3
Item Provisions for
Offences
Number of
Demerit Points
Short Description of Offences for Convenience of Reference only
1 Section 200 of the Highway Traffic Act 7 Failing to remain at scene of accident
1.1 Section 216 of the Highway Traffic Act, except where a suspension order is made under subsection 216 (3) 7 Driver failing to stop when signalled or requested to stop by a police officer
2 Section 130 of the Highway Traffic Act 6 Careless driving
3 Section 172 of the Highway Traffic Act 6 Racing
4 Section 128 of the Highway Traffic Act; subsection 13 (3) of Regulation 829 of the Revised Regulations of Ontario, 1990; any provision of the National Capital Commission Traffic and Property Regulations CRC 1978, c. 1044 made under the National Capital Act (Canada) fixing maximum rates of speed and any municipal by-law fixing maximum rates of speed where the rate of speed is exceeded by,
(a) 50 km/h or more
6 Exceeding speed limit by 50 km/h or more
(b) 30 km/h or more and less than 50 km/h
4 Exceeding speed limit by 30 to 49 km/h
(c) more than 15 km/h and less than 30 km/h
3 Exceeding speed limit by 16 to 29 km/h
5 Subsections 174 (1) and (2) of the Highway Traffic Act 5 Driver of public vehicle or school bus failing to stop at railway crossings
6 Section 164 of the Highway Traffic Act 3 Driving through, around or under railway crossing barrier
7 Subsections 135 (2) and (3), clause 136 (1) (b), subsection 136 (2), subsection 138 (1), subsection 139 (1), subsection 141 (5) and subsections 144 (7), (8) and (21) of the Highway Traffic Act 3 Failing to yield right of way
8 Clause 136 (1) (a), subsections 144 (14), (15), (16), (17), (18) and (21), subsections 146 (3) and (4) and section 163 of the Highway Traffic Act, any municipal by-law requiring a driver to stop for a stop sign or signal light, and the National Capital Commission Traffic and Property Regulations CRC 1978, c. 1044 made under the National Capital Act (Canada) requiring a driver to stop for a stop sign 3 Failing to obey a stop sign, signal light or railway crossing signal
9 Subsection 134 (1) of the Highway Traffic Act 3 Failing to obey directions of police constable
10 Subsection 134 (3) of the Highway Traffic Act 3 Driving or operating a vehicle on a closed highway
11 Subsections 199 (1) and (1.1) of the Highway Traffic Act 3 Failing to report an accident
12 Subsection 148 (8), sections 149, 150 and 166 of the Highway Traffic Act 3 Improper passing
13 Section 154 of the Highway Traffic Act 3 Improper driving where highway divided into lanes
14 Subsections 175 (11) and (12) of the Highway Traffic Act 6 Failing to stop for school bus
15 Section 158 of the Highway Traffic Act 4 Following too closely
16 Section 162 of the Highway Traffic Act 3 Crowding driver’s seat
17 Clause 156 (1) (a) of the Highway Traffic Act 3 Drive wrong way – divided highway
18 Clause 156 (1) (b) of the Highway Traffic Act 3 Cross divided highway – no proper crossing provided
19 Section 153 of the Highway Traffic Act 3 Wrong way in one way street or highway
20 Subsection 157 (1) of the Highway Traffic Act 2 Backing on highway
21 Subsections 140 (1), (2) and (3) of the Highway Traffic Act 3 Pedestrian crossover
22 Subsections 148 (1), (2), (4), (5), (6) and (7) of the Highway Traffic Act 2 Failing to share road
23 Subsections 141 (2) and (3) of the Highway Traffic Act 2 Improper right turn
24 Subsections 141 (6) and (7) of the Highway Traffic Act 2 Improper left turn
25 Subsections 142 (1), (2) and (8) of the Highway Traffic Act 2 Failing to signal
26 Section 132 of the Highway Traffic Act 2 Unnecessary slow driving
27 Section 168 of the Highway Traffic Act 2 Failing to lower headlamp beam
28 Section 165 of the Highway Traffic Act 2 Improper opening of vehicle door
29 Section 143 and subsection 144 (9) of the Highway Traffic Act and any municipal by-law prohibiting turns 2 Prohibited turns
30 Section 160 of the Highway Traffic Act 2 Towing of persons on toboggans, bicycles, skis, etc., prohibited
31 Subsection 182 (2) of the Highway Traffic Act 2 Failing to obey signs prescribed by regulation under subsection 182 (1)
32 Subsection 106 (2) of the Highway Traffic Act 2 Driver failing to properly wear seat belt
33 Subclause 106 (4) (a) (i) of the Highway Traffic Act 2 Driving while passenger under 16 fails to occupy position with seat belt
33.1 Subclause 106 (4) (a) (ii) of the Highway Traffic Act 2 Driving while passenger under 16 fails to properly wear seat belt
33.2 Clause 106 (4) (b) of the Highway Traffic Act 2 Driving while child passenger not properly secured
34 Subsection 8 (2) of Regulation 613 of the Revised Regulations of Ontario, 1990 2 Driver failing to ensure infant passenger is secured as prescribed
34.1 Subsection 8 (3) of Regulation 613 of the Revised Regulations of Ontario, 1990 2 Driver failing to ensure toddler passenger is secured as prescribed
34.2 Subsection 8 (4) of Regulation 613 of the Revised Regulations of Ontario, 1990 2 Driver failing to ensure child passenger is secured as prescribed
35 Clause 159 (1) (a) of the Highway Traffic Act 3 Failing to stop on right for emergency vehicle
36 Clause 159 (1) (b) of the Highway Traffic Act 3 Failing to stop – nearest curb – for emergency vehicle
36.1 Clause 159 (1) (b) of the Highway Traffic Act 3 Failing to stop – nearest edge of roadway – for emergency vehicle
36.2 Subsection 159 (2) of the Highway Traffic Act 3 Failing to slow down and proceed with caution for emergency vehicle
36.3 Subsection 159 (3) of the Highway Traffic Act 3 Failing to move into another lane for emergency vehicle – if safe to do so
36.4 Subsection 159 (4) of the Highway Traffic Act 3 Following fire department vehicle too closely
37 Subsection 79 (2) of the Highway Traffic Act 3 Motor vehicle equipped with or carrying a speed measuring warning device
38 Subsection 154.1 (3) of the Highway Traffic Act 3 Improper use of high occupancy vehicle lane
39 Subsection 146.1 (3) of the Highway Traffic Act 3 Failing to obey traffic control stop sign
40 Subsection 146.1 (4) of the Highway Traffic Act 3 Failing to obey traffic control slow sign
41 Subsection 176 (3) of the Highway Traffic Act 3 Failing to obey school crossing stop sign

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