Fail to Surrender Drivers Licence

About

Fail to surrender driver licenceOntario drivers are required to have a valid Ontario drivers licence operate a motor vehicle on Ontario roadways.

The licence in must be in their possession at all times while they are in charge (driving) the vehicle.


Must Surrender to Police

When stopped by a police officer, drivers are required to produce and surrender the licence for inspection to the police officer upon the officer’s demand.

Where a police officer finds a driver without a valid drivers licence the officer may prohibit the operation of the motor vehicle on the roadway.

Related Charges: Operate motor vehicle no drivers licence, drive while suspended


Insurance Implications

Where a conviction appears on the driving record for failing to surrender a drivers licence, the conviction will affect the insurance rates for drivers.

The insurance company will not care that the driver did actually have a valid licence on the date, only that the driver failed to surrender the licence to a police officer upon demand.


Driver Abstracts and Records

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 from the court the Ministry of Transportation then adds the 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 fine listed for failing to surrender a drivers licence is $110.00.

Where the officer issues a summons to appear or the driver disputes the ticket and appears in court the Justice of the Peace (JP) can increase the fine up to $500.00.  This rarely happens for this offence but it is possible.

The out of court fine is actually, $90.00 but the court adds a $20.00 Victim Fine Surcharge to the ticket.


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

Fail to surrender drivers licence tickets have the following penalties:

  • out of court fine of $110.00
    • maximum fine of $500.00
  • conviction appears on driving abstract for 3 years
  • can affect insurance rates

Demerit Points

Failing to surrender a drivers licence does not have any demerit points.


Demerit Point Interviews

If you have to attend an interview, you will get a letter (Notice of Interview) to notify you of the time, date and location of the meeting. If you do not attend your licence could be suspended.

The fee for a demerit point interview is $50 and must be paid in person at any Service Ontario Centre.

You can pay the fee when you receive the Notice of Interview or within 10 business days of attending the interview.

Failure to pay the interview fee will result in the cancellation of your driver’s licence.


Suspensions

There is no licence suspension for failing to surrender a drivers licence.


Default Fine Suspensions

The 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.


Demerit Point Suspensions

The accumulation of demerit points can result in a licence suspension.


Legal Definition

Highway Traffic Act Section 33,1

As to carrying licences and surrender on demand

33 (1) Every driver of a motor vehicle or street car shall carry his or her licence with him or her at all times while he or she is in charge of a motor vehicle or street car and shall surrender the licence for reasonable inspection upon the demand of a police officer or officer appointed for carrying out the provisions of this Act.

Same, re novice driver rules

(2) Every accompanying driver, as defined under section 57.1, shall carry his or her licence and shall surrender the licence for reasonable inspection upon the demand of a police officer or officer appointed for carrying out the provisions of this Act.

Identification on failure to surrender licence

(3) Every person who is unable or refuses to surrender his or her licence in accordance with subsection (1) or (2) shall, when requested by a police officer or officer appointed for carrying out the provisions of this Act, give reasonable identification of himself or herself and, for the purposes of this subsection, the correct name and address of the person shall be deemed to be reasonable identification.

Case Law

R. v. Plummer, 2006 CanLII 38165 (ON CA)
2006-11-14 | 28 pages | cited by 53 documents
arrest — licence — identification — officer appointed for carrying — demand
[…] 33(1) Every driver of a motor vehicle or street car shall carry his or her licence with him or her at all times while he or she is in charge of a motor vehicle or street car and shall surrender the licence for reasonable inspection upon the demand of a police officer or officer appointed for carrying out the provisions of […] (2) Every accompanying driver, as defined under section 57.1, shall carry his or her licence and shall surrender the licence for reasonable inspection upon the demand of a police officer or officer appointed for carrying out the provisions of this Act . […] [15] Section 33(1) imposes two duties on drivers. [See Note 2 below] They must carry their licences with them while in charge of a motor vehicle and surrender their licence for reasonable inspection upon the demand of a police officer or an officer appointed for carrying out the provisions of the Act . […]


R. v. Davidson, 2015 ONCJ 764 (CanLII)
2015-12-22 | 8 pages
identification — driver s licence — arrest — peace officer in the execution — carrying out the provisions
[…] He was taken out of his car and arrested for failing to surrender his driver’s licence for inspection, contrary to section 33(3) [emphasis added] of the Ontario Highway Traffic Act , and for obstructing a peace officer in the execution of his duty by refusing to surrender his driver’s licence, contrary to section 129 of the […] [10] Counsel for the defendant argued that his client is not guilty of failing to surrender his driver’s licence even though he did not turn it over to the officer as requested to. […] [17] The defendant is found not guilty of failing to surrender his driver’s licence for reasonable inspection, and not guilty of obstructing a peace officer in the execution of his duty. […]