Use Plates Not Authorized for Vehicle
Licence Plates must only be attached to the vehicle they are registered to.
Use Plates Not Authorized
About
Where a driver wishes to operate a motor vehicle on an Ontario roadway the vehicle must be licensed and authorized for use.
The driver must use a licence plate in accordance with the rules and regulations under the Highway Traffic Act of Ontario, including:
- not deface or alters any
- number plate, evidence of validation or permit
- not use or permit the use of a
- defaced or altered number plate, evidence of validation or permit;
- without the authority of the permit holder,
- remove a number plate from a motor vehicle or trailer; and
- not use or permits the use of a number plate upon a vehicle
- other than a number plate authorized for use on that vehicle;
- not use or permit the use of evidence of validation sticker on a plate
- other than evidence of validation furnished by the Ministry in respect of that motor vehicle; or
- uses or permits the use of a number plate or evidence of validation
- other than in accordance with this Act and the regulations,
Drivers must use only the licence plate that is registered for that vehicle.
You cannot take a licence plate from one vehicle and attach it to another vehicle without first registering the transfer with the Ministry of Transportation.
Insurance Implications
A conviction on the drivers abstract for using plate not authorized can affect insurance rates.
Driving Records / Abstracts
Once the driver is convicted of a traffic ticket, the court sends a notice to the Ministry of Transportation.
Upon receiving the record of conviction, the Ministry of Transportation adds the court conviction to the driving record.
Driving abstracts are available to anyone who has the drivers licence number for a fee payable to the Ministry of Transportation.
Therefore the way the insurance company will finds out about the ticket is;
- The insurance company contacts
- the Ministry of Transportation and
- checks the drivers abstract, or
- the driver calls and
- tells the insurance company that they received a ticket
Each insurance company is a private company with their own set of rules and standards.
Some insurance companies will not increase insurance rates for one ticket and others will. The problem is drivers don’t know what the insurance company is going to do, and if asked, there is a chance they will increase it due to the inquiry.
Drivers need to keep their driving records clear.
Demerit Points
There are no demerit points for using plates not authorized.
Fines
There is no out of court fine for using plates not authorized for a vehicle.
The police officer must issue a summons to appear in court, whereupon the driver (or legal representative) must appear in court before a judge.
Summons to Appear in Court
When a summons to appear is issued to a driver, the driver or legal representative must appear before the court.
Where they do not appear a judge may issue a bench warrant for the police to arrest the driver and ensure their appearance before the court.
Upon conviction the Justice of the Peace (JP) can issue a fine of:
- not less than $100
- not more than $1000
- jail for not more than 30 days
- or both
- licence suspension for up to 6 months
On any fine issued in Ontario a victim fine surcharge (tax) is added to any penalty.
What is the Victim Fine Surcharge?
- The provincial government adds a victim fine surcharge (VFS) to every non-parking fine imposed under the Provincial Offences Act.
- It is deposited into a special fund to help victims of crime.
- The amount of the VFS is usually 20 per cent of the imposed fine.
- For example, a $100 fine would result in a $20 surcharge.
- Fines over $1,000 carry a surcharge of 25 per cent.
Penalties
Where a police officer finds a motor vehicle being driven on an Ontario roadway the officer can:
- seize and remove the licence plates from the vehicle
- have the vehicle removed (towed) from the roadway
- issue a summons to appear in court to the driver
There is no out of court fine for using plates not authorized for a vehicle.
The police officer must issue a summons to appear in court, whereupon the driver (or legal representative) must appear in court before a judge.
Summons to Appear in Court
Where a police officer issues a summons to appear the Justice of the Peace (JP) can issue a fine of:
- not less than $100
- not more than $1000
- jail for not more than 30 days
- or both
- licence suspension for up to 6 months
What is the Victim Fine Surcharge?
- The provincial government adds a victim fine surcharge (VFS) to every non-parking fine imposed under the Provincial Offences Act.
- It is deposited into a special fund to help victims of crime.
- The amount of the VFS is usually 20 per cent of the imposed fine.
- For example, a $100 fine would result in a $20 surcharge.
- Fines over $1,000 carry a surcharge of 25 per cent.
Suspensions
Where any driver, regardless of driver licence class is convicted of using plates not authorized for vehicle a judge may suspend their drivers licence for up to 6 months.
Legal Definition
Violations as to number plates
12 (1) Every person who,
(a) defaces or alters any number plate, evidence of validation or permit;
(b) uses or permits the use of a defaced or altered number plate, evidence of validation or permit;
(c) without the authority of the permit holder, removes a number plate from a motor vehicle or trailer; and
(d) uses or permits the use of a number plate upon a vehicle other than a number plate authorized for use on that vehicle;
(e) uses or permits the use of evidence of validation upon a number plate displayed on a motor vehicle other than evidence of validation furnished by the Ministry in respect of that motor vehicle; or
(f) uses or permits the use of a number plate or evidence of validation other than in accordance with this Act and the regulations,
is guilty of an offence and on conviction is liable to a fine of not less than $100 and not more than $1,000 or to imprisonment for not more than thirty days, or to both, and in addition the person’s licence or permit may be suspended for not more than six months.
Property of the Crown
(2) Every number plate is the property of the Crown and shall be returned to the Ministry when required by the Registrar.
Notice to plate holder
(2.1) The Registrar may cause notice to be given to the holder of a number plate that the number plate is required to be returned to the Ministry.
Same
(2.2) Notice under subsection (2.1) is sufficiently given if delivered personally or mailed to the latest address of the holder of the number plate on the records of the Ministry. 2017, c. 9, s. 2 (2).
No right to be heard
(2.3) There is no right to be heard before notice is given under subsection
Cancellation of number plate
(2.4) The Registrar may cancel a number plate if it is not returned within 60 days after the date by which it is required to be returned, but if the Registrar is satisfied that the number plate is damaged, altered, deteriorated or worn such that it may not be accurately photographed by an electronic toll system, automated speed enforcement system or red light camera system, the Registrar may cancel the number plate if it is not returned within 30 days after the required date.
Same
(3) For the purpose of subsections (2) to (2.4),
“number plate” includes,
(a) a number plate bearing a requested number,
(b) evidence of validation,
(c) a permit, and
(d) Repealed:
(e) an IRP cab card issued by the Ministry.
Number plates, further violations No other numbers to be exposed
13 (1) No number other than that upon the number plate furnished by the Ministry shall be exposed on any part of a motor vehicle or trailer in such a position or manner as to confuse the identity of the number plate.
Number plate to be kept clean
(2) Every number plate shall be kept free from dirt and obstruction and shall be affixed so that the entire number plate, including the numbers, is plainly visible at all times, and the view of the number plate shall not be obscured or obstructed by spare tires, bumper bars, any part of the vehicle, any attachments to the vehicle or the load carried.
Obstruction prohibited
(3) The number plates shall not be obstructed by any device that prevents the entire number plates including the numbers from being accurately photographed using an automated speed enforcement system.
(3.0.1) The number plates shall not be obstructed by any device that prevents the entire number plates including the numbers from being accurately photographed using a red light camera system.
Same
(3.1) The number plates shall not be obstructed by any device or material that prevents the entire number plates including the numbers from being identified by an electronic toll system.
Offence
(4) Every person who contravenes subsection (2), (3), (3.0.1) or (3.1) is guilty of an offence.
Improper or invalid number plates and cab cards – Improper number plate
14 (1) Where a police officer or an officer appointed under this Act has reason to believe that,
(a) a number plate attached to a motor vehicle or trailer,
(i) has not been authorized under this Act for use on that vehicle,
(ii) was obtained by false pretences, or
(iii) has been defaced or altered;
(b) evidence of validation of a permit displayed on a motor vehicle,
(i) was not furnished under this Act in respect of that motor vehicle,
(ii) was obtained by false pretences, or
(iii) has been defaced or altered; or
(c) a permit carried by a driver of a motor vehicle,
(i) was not authorized under this Act in respect of that motor vehicle,
(ii) was obtained by false pretences, or
(iii) has been defaced or altered,
the officer may take possession of the number plate, evidence of validation or permit and retain it until the facts have been determined.
Case Law
R. v. Bray, 2010 ONCJ 98 (CanLII)
2010-03-15 | 24 pages
motor vehicle — owner — offence — actus reus — Use Plates not Authorized
[…] [37] The defendant is charged with the offence of using a number plate upon a vehicle other than a number plate authorized for use on that vehicle, contrary to paragraph 12(1) (d) of the Highway Traffic Act . […] a reasonable doubt, that on October 4th, 2008, at the Town of Milton, in the Region of Halton, the defendant, Robert Bray committed the actus reus of the offence of use number plate upon a vehicle other than a number plate authorized for use on that vehicle, contrary to paragraph 12(1) (d) of the Highway Traffic Act . […] of subsection 11(3) does not operate so as to justify the defendant’s actions of October 4th, 2008, in affixing “number” plate AZPE490 to the subject Toyota and using that plate for the purpose of driving the Toyota vehicle, when the said plate continued to be authorized for use on the subject Volkswagen vehicle. […]
R. v. Short, 2010 ONCJ 541 (CanLII)
2010-11-16 | 14 pages
offence — suspended — motor vehicle — number plate not authorized — notice
[…] (b) Uses or permits the use of a defaced or altered number plate, evidence of validation or permit; […] (d) Uses or permits the use of a number plate upon a vehicle other than a number plate authorized for use on that vehicle; […] (e) uses or permits the use of evidence of validation upon a number plate displayed on a motor vehicle other than evidence of validation furnished by the Ministry in respect of that motor vehicle; or […]
No Insurance Traffic Tickets
All motor vehicles driven on Ontario roadways are requires to have a valid liability insurance policy.
The law regarding insuring motor vehicles is specified in the Compulsory Automobile Insurance Act of Ontario.
Owner Responsible
The owner of the vehicle is responsible that:
- if their vehicle is being operated on the roadway, that
- the vehicle is insured with liability insurance coverage,
- whether or not they are actually driving the vehicle or not.
- the vehicle is insured with liability insurance coverage,
Where a vehicle is not insured, the owner must take reasonable precautions to ensure the vehicle is not operated on the roadway by other persons.
Where another person drives an uninsured vehicle on the roadway, the owner may be charged with Permit Operation of a Motor Vehicle Without Insurance.
Reverse Onus Charge
Operate motor vehicle without insurance is considered a “Reverse Onus” offence. In a reverse onus, the responsibility is upon the person charged to disprove the charge.
Meaning that in a charge of operating a motor vehicle without insurance the owner has to prove that they did have insurance.
The police do not have to prove the owner didn’t have insurance.
For example:
- police officer stops a vehicle on the roadway
- officer makes a demand for insurance
- owner must provide proof of valid insurance
- where they don’t, the officer can charge the owner
Where the charge came to court the owner would be required to produce evidence of insurance.
Penalty
The fine for operate a motor vehicle without insurance is $5,000 for a first offence.
For each subsequent conviction the fine doubles, for example:
- 1st offence
- minimum $5,000 – maximum $25,000
- subsequent offences
- minimum $10,000 – maximum $50,000
Where subsequent offences occur most judges will continue to double the minimum fine each time, e.g. $5,000 > $10,000 > $20,000.
As well any imposed fine will receive an addition Victim Fine Surcharge of 20%.
Victim Fine Surcharges
- The provincial government adds a victim fine surcharge (VFS) to every non-parking fine imposed under the Provincial Offences Act.
- It is deposited into a special fund to help victims of crime.
- The amount of the VFS is usually 20 per cent of the imposed fine.
- For example, the $5,000 fine would result in a $1,250 surcharge.
- $10,000 fine has a $2,500 surcharge
- For example, the $5,000 fine would result in a $1,250 surcharge.
Fines over $1,000 carry a surcharge of 25 per cent.
Licence Suspensions
Where an owner is convicted under the Compulsory Automobile Insurance Act, the judge may suspend the drivers licence for a period up to one year.
Plate Seizure & Vehicle Removal
Where a police officer finds a vehicle being driven on the roadway without liability insurance, the police officer may seize the licence plate and remove the vehicle from the road.
This would be because, for a vehicle to be operated on a roadway the vehicle must be:
- licensed
- safe to be on the roadway
- covered with liability insurance
Without insurance the vehicle is not allowed to be operated on the roadway.
Police officers may seize licence plates where the licence plates are not authorized for use.
Insurance Implications
Where a driver is convicted of an offence against the Compulsory Automobile Insurance Act, the conviction will dramatically affect any application for liability insurance.
The insurance companies perceive a conviction for no insurance as a person who has been deceptive and dishonest, even if there was a mistaken lapse in insurance coverage.
Demerit Points
There are no demerit points for operating a motor vehicle without insurance.
Nor are there any demerit points for any conviction under the Compulsory Automobile Insurance Act.
Legal Definition
Compulsory automobile insurance
2 (1) Subject to the regulations, no owner or lessee of a motor vehicle shall,
(a) operate the motor vehicle; or
(b) cause or permit the motor vehicle to be operated,
on a highway unless the motor vehicle is insured under a contract of automobile insurance.
Definition
(2) For the purposes of subsection (1), where a permit for a motor vehicle has been issued under subsection 7 (7) of the Highway Traffic Act,
“contract of automobile insurance”, with respect to that motor vehicle, means a contract of automobile insurance made with an insurer.
Offence
(3) Every owner or lessee of a motor vehicle who,
(a) contravenes subsection (1) of this section or subsection 13 (11); or
(b) surrenders an insurance card for inspection to a police officer, when requested to do so, purporting to show that the motor vehicle is insured under a contract of automobile insurance when the motor vehicle is not so insured,
is guilty of an offence and is liable on a first conviction to a fine of not less than $5,000 and not more than $25,000 and on a subsequent conviction to a fine of not less than $10,000 and not more than $50,000 and, in addition, his or her driver’s licence may be suspended for a period of not more than one year.
Justice to secure possession of driver’s licence
(4) Where a justice makes a conviction under subsection (3) and the driver’s licence of the person convicted is suspended by the justice, the justice shall take the driver’s licence and forward it to the Registrar.
Police officer may secure possession
(5) Where a driver’s licence is suspended under this section and the person to whom the suspension applies refuses or fails to surrender his or her licence to the justice forthwith, any police officer may, and upon the direction of the Registrar shall, take possession of the licence and forward it to the Registrar.
Offence
(6) Every person who fails or refuses to surrender his or her driver’s licence when required by a police officer under subsection (5) is guilty of an offence and on conviction is liable to a fine of not more than $200.
Impounding motor vehicle
(7) In the event of a conviction under subsection (3), the justice may order that the motor vehicle,
(a) that was operated in contravention of subsection (1);
(b) for which a false statement in respect of insurance was made in contravention of subsection 13 (11); or
(c) for which an insurance card was produced in contravention of clause (3) (b),
shall be seized, impounded and taken into the custody of the law for a period of not more than three months.
Cost of storage
(8) All costs and charges for the care and storage of the motor vehicle are a lien upon the motor vehicle that may be enforced in the manner provided by the Repair and Storage Liens Act.
Case Law
R. v. Zwicker, 1994 CanLII 1221 (ON CA)
1994-04-02 | 4 pages | cited by 14 documents
registered owner — motor vehicle without insurance — common law owner — number plates — operating a motor vehicle without insurance – what is owner
[…] Road transport — Provincial offences — Operating motor vehicle without insurance — Word “owner” in s. 2 of Compulsory Automobile Insurance Act including “common law owner” and not restricted to “registered owner” — Compulsory Automobile Insurance Act, R.S.O. 1990, c. C.25 , s. 2 . […] The appellant was charged with operating a motor vehicle without insurance contrary to s. 2(1) (a) of the Compulsory Automobile Insurance Act . […] 193 (C.A.) [affd 1978 CanLII 28 (SCC) , [1978] 2 S.C.R. 342, 82 D.L.R. (3d) 449, 3 C.C.L.T. 316, 19 N.R. 209 ] Statutes referred to Compulsory Automobile Insurance Act, R.S.O. 1990, c. C.25 , s. 2(1) Highway Traffic Act, R.S.O. 1990, c. H.8 , s. 11(1) (a), (2) Motor Vehicle Accident Claims Act, R.S.O. 1970, c. 281, s. 3(3) […]
R. v. Baritz, 2006 ONCJ 266 (CanLII)
2006-07-17 | 22 pages
minimum fine — fines — penalty — sentencing — interests of justice
[…] The Court has concluded that Mr. Baritz has not established that exceptional circumstances exist so that to impose less than the minimum fine under the Compulsory Automobile Insurance Act (CAIA ) for the charge of Operate Motor Vehicle Without Insurance would be either unduly oppressive or otherwise not in the interests of […] absence but through a commercial agent, M. Scinocco, pleaded guilty before this Court to amended count #1 on the Information, Fail to Turn Out to the Left To Avoid A Collision, contrary to s. 148(5) of the Highway Traffic Act and to count #4, Operate Motor Vehicle Without Insurance, contrary to s. 2(1) (a) of the CAIA . […] [52] Mr. Baritz, has had two opportunities to satisfy this Court, on a balance of probabilities, that exceptional circumstances exist in his case such that to impose the minimum penalty for Operate Motor Vehicle Without Insurance would be either unduly oppressive or otherwise not in the interests of justice. […]
R. v. Norat, 2009 ONCJ 106 (CanLII)
2009-03-06 | 16 pages | cited by 1 document
motor vehicle — driver s license — officer — hearsay rule — evidence
[…] [1] After an ex parte trial on July 4, 2008, the Appellant was convicted of the offence of Operate Motor Vehicle No Insurance, contrary to section 2(1) (a) of the Compulsory Automobile Insurance Act . […] a) The verdict arrived at by the learned Justice of the Peace was unreasonable in that he failed to appreciate the essential elements of the offence of “owner operate motor vehicle without insurance”; and […]