Racing, Stunts, Etc., Prohibited
Penalties if Convicted
If you are convicted of the Racing, Stunts, Etc., Prohibited law you will face a number of penalties:
- A fine of not less
then$2,000 dollars to a maximum of $10,000 dollars.
- A possible jail sentence of not more than 6 months.
- A driver’s
licencesuspension for not more than 2 years for a first conviction and up to 10 years for subsequent convictions which iscommitted within 10 years.
- 6 demerit points against your
Effect on Insurance
Being that this is a new law, we can only assess that your insurance will be affected greatly and your insurance company may not wish to
New Racing Law
We have had a great deal of success in fighting and winning a number of racing tickets. We also believe this new law is against the charter of human rights and are taking the appropriate steps. If you are interested in learning more, please give us a call to discuss your specific case. We will keep you updated on the outcome of this.
Highway Traffic Act
Racing, stunts, etc., prohibited
172. (1) No person shall drive a motor vehicle on a highway in a race or
(2) Every person who contravenes subsection (1) is guilty of an
(a) on a first conviction under this section, for not more than two years; or
(b) on a subsequent conviction under this section, for not more than 10 years. 2007, c. 13, s. 21.
Determining subsequent conviction
(3) In determining whether a conviction is a subsequent conviction for the purposes of subsection (2), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of
(4) A conviction that is more than 10 years after the previous conviction is deemed to be a first conviction for the purpose of subsection (2). 2007, c. 13, s. 21.
Police to require
(5) Where a police officer believes on reasonable and probable grounds that a person is driving, or has driven, a motor vehicle on a highway in contravention of subsection (1), the officer shall,
(a) request that the person surrender his or her driver’s
(b) detain the motor vehicle that was being driven by the person until it is impounded under clause (7) (b). 2007, c. 13, s. 21.
Administrative seven-day license suspension
(6) Upon a request being made under clause (5) (a), the person to whom the request is made shall forthwith surrender his or her driver’s
Administrative seven-day vehicle impoundment
(7) Upon a motor vehicle being detained under clause (5) (b), the motor vehicle shall, at the cost of and risk to its owner,
(a) be removed to an impound facility as directed by a police officer; and
(b) be impounded for seven days from the time it was detained under clause (5) (b). 2007, c. 13, s. 21.
Release of vehicle
(8) Subject to subsection (15), the motor vehicle shall be released to its owner from the impound facility upon the expiry of the period of impoundment. 2007, c. 13, s. 21.
Early release of
(9) Despite the detention or impoundment of a motor vehicle under this section, a police officer may release the motor vehicle to its owner before it is impounded under subsection (7) or, subject to subsection (15), may direct the operator of the impound facility where the motor vehicle is impounded to release the motor vehicle to its owner before the expiry of the seven days if the officer is satisfied that the motor vehicle was stolen at the time that it was driven on a highway in contravention of subsection (1). 2007, c. 13, s. 21.
(10) Every officer who asks for the surrender of a person’s driver’s licence under this section shall keep a record of the licence received with the name and address of the person and the date and time of the suspension and shall, as soon as practicable after receiving the licence, provide the person with a notice of suspension showing the time from which the suspension takes effect and the period of time for which the
(11) Every officer who detains a motor vehicle under this section shall prepare a notice identifying the motor vehicle that is to be impounded under subsection (7), the name and address of the driver and the date and time of the impoundment and shall, as soon as practicable after the impoundment of the motor vehicle, provide the driver with a copy of the notice showing the time from which the impoundment takes effect, the period of time for which the motor vehicle is impounded and the place where the vehicle may be recovered. 2007, c. 13, s. 21.
(12) A police officer shall provide a copy of the notice prepared under subsection (11) to the owner of the motor vehicle by delivering it personally or by mail to the address of the owner shown on the permit for the motor vehicle or to the latest address for the owner appearing on the records of the Ministry. 2007, c. 13, s. 21.
No appeal or hearing
(13) There is no appeal from, or right to be heard before,
Lien for storage costs
(14) The costs incurred by the person who operates the impound facility where a motor vehicle is impounded under this section are a lien on the motor vehicle that may be enforced under the Repair and Storage Liens Act. 2007, c. 13, s. 21.
Costs to be paid before release of
(15) The person who operates the impound facility where a motor vehicle is impounded under subsection (7) is not required to release the motor vehicle until the removal and impound costs for the vehicle have been paid. 2007, c. 13, s. 21.
(16) The owner of a motor vehicle that is impounded under this section may bring an action against the driver of the motor vehicle at the time the vehicle was detained under clause (5) (b) to recover any costs or other losses incurred by the owner in connection with the impoundment. 2007, c. 13, s. 21.
(17) Every person who obstructs or interferes with a police officer in the performance of his or her duties under this section is guilty of an
(18) The suspension of a driver’s
Impoundment concurrent with other administrative impoundments
(18.1) The impoundment of a motor vehicle under this section runs concurrently with an impoundment, if any, of the same motor vehicle under section 41.4, 48.4, 55.1, 55.2 or 82.1. 2009, c. 5, s. 51 (1).
(19) Repealed: 2008, c. 17, s. 43.
(20) The Lieutenant Governor in Council may make regulations,
(a) requiring police officers to keep records with respect to
(b) exempting any class of persons or class or type of vehicles from any provision or requirement of this section or of any regulation made under this section, prescribing conditions for any such exemptions and prescribing different requirements for different classes of persons or different classes or types of vehicles;
(c) defining the terms “race”, “contest” and “stunt” for the purposes of this section. 2007, c. 13, s. 21.
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