Fail to Surrender Insurance Card

About

Fail to Surrender Insurance CardFail to Surrender Evidence of Insurance CAIA s3,1

Under the Compulsory Insurance Act of Ontario a driver while operating a motor vehicle on a roadway shall:

  • have an insurance card for the motor vehicle
  • giving evidence that the vehicle is insured with liability insurance
  • surrender the insurance card for inspection upon the demand of a police officer

Where a driver operates a motor vehicle on the roadway, the driver must surrender to a police officer proof of validate liability insurance for the vehicle.


Insurance Implications

A conviction on the drivers abstract for failing to surrender an insurance card will affect insurance rates, regardless if the driver did have insurance or not.

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;

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.


Fines

The out of court penalty for failing to surrender an insurance card is $65.


Summons to Appear in Court

Where a police officer issues a summons to appear or the driver disputes the ticket, the Justice of the Peace (JP) can increase the fine up to $400.00.  This rarely happens for this offence but it is possible.


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

A conviction for failing to surrender an insurance card has the following penalties:


Class G Drivers

  • out of court fine of $65.00
    • maximum fine of $400.00
  • conviction appears on driving abstract for 3 years
  • can affect insurance rates

Novice Drivers – G1 and G2 Drivers

  • out of court fine of $65.00
    • maximum fine of $400.00
  • conviction appears on driving abstract for 3 years
  • affects insurance rates

Demerit Points

There are no demerit points for failing to surrender an insurance card.


Suspensions

There is no licence suspension for failing to surrender an insurance card.

Where the Fine goes Unpaid

Any driver maybe suspended where any fine goes into default.

Where the licence is suspended for an unpaid fine, the licence will be suspended until the payment is made to the court.


Legal Definition

3 (1) An operator of a motor vehicle on a highway shall have in the motor vehicle at all times,

(a) an insurance card for the motor vehicle; or

(b) an insurance card evidencing that the operator is insured under a contract of automobile insurance,

and the operator shall surrender the insurance card for reasonable inspection upon the demand of a police officer.  R.S.O. 1990,

Case Law

R. v. Marrocco, 2012 ONCJ 535 (CanLII)
2012-08-28 | 10 pages | cited by 5 documents
vehicle — red light — southbound — insurance card — officer
[…] 4) Fail to surrender Insurance Card: Compulsory Automobile Insurance Act , section 3(1) […] 7. As well, I am satisfied that the charge of failing to surrender insurance card is also an absolute liability offence. […] 26. Fail to surrender Insurance Card Section 3(1) of the Compulsory Automobile Insurance Act provides as follows: […]