Fail to Surrender Insurance Card

Drivers are required to provide evidence of valid insurance upon demand of a police officer

Fail to Surrender Insurance Card – CAIA s 3.1

Fail to Surrender Insurance CardUnder 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.

Even where the vehicle was insured and the insurance company knows it was insured, the insurance company will treat the offence as a conviction on the driving record.

Once the driver is convicted of a traffic ticket, the court sends 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.

Driver Must Produce Insurance

The driver NOT the owner is responsible for producing evidence insurance to the police officer.

Although the driver may not be the owner they must surrender insurance to the officer.

Only the owner of a motor vehicle can be charged with driving without insurance, but any driver of the vehicle can be charged with not producing insurance.

Reverse Onus

Charges under the Compulsory Automobile Act are considered “reverse onus offences”.

Reverse onus, means that the police do not have to prove the offence, the driver or owner must prove to the officer that the vehicle is insured.

Upon being stopped drivers must prove to the police that the vehicle is insured by surrendering proof of insurance upon demand.

Fine

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

Where the driver appears in court or receives a summons to appear before a justice, the fine can be increased to $400.

Demerit Points

There are no demerit points for not producing an insurance card to police.

Driving Records/Abstracts

Where a driver is convicted or pays a ticket for failing to produce evidence of insurance, the ticket goes on the driving record for 3 years.

The Ministry of Transportation keeps driving record for all Ontario drivers.

Driving abstracts are available to anyone who has the drivers licence number for a fee payable to the Ministry of Transportation.

Insurance companies and the public can have access to the last 3 years of the driving record.  The police and authorised agencies can obtain the complete driving record.

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.

Licence Suspensions

Drivers are not suspended for not producing an insurance card to police.

Where the Fine goes Unpaid

Drivers are 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

Operator to carry insurance card

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, c. C.25, s. 3 (1).

Excluded driver to carry insurance card

(2) Despite subsection (1), an operator of a motor vehicle who is named as an excluded driver under the contract of automobile insurance under which the vehicle is insured shall have in the vehicle at all times an insurance card evidencing that the operator is a named insured under another contract of automobile insurance, and the operator shall surrender the insurance card for reasonable inspection upon the demand of a police officer.

Offence

(3) A person who contravenes this section is guilty of an offence and on conviction is liable to a fine of not more than $400.

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: […]