Ontario 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.
Fail to Surrender Drivers Licence
Drivers must surrender their drivers licence upon demand by a police officer
Fail to Surrender Drivers Licence – Highway Traffic Act section 33.1
When operating a motor vehicle on the roadway and stopped by a police officer, drivers shall:
- upon demand
- produce & surrender their drivers licence
- for inspection by the officer
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.
Where a driver does not surrender the licence and refuses to identify themselves to the police officer the officer may arrest the driver.
Related Charges: Operate motor vehicle no drivers licence, drive while suspended
Demerit Points
Failing to surrender a driver’s licence does NOT have any demerit points.
- G1 drivers are suspended for
- any 4 ticket with 4 demerit points
- accumulating 6 demerit points
- G2 drivers are suspended for
- any 4 ticket with 4 demerit points
- accumulating 6 demerit points
- G drivers are suspended for
- accumulating 15 demerit points
- at 8 points class G drivers may be required to attend a Demerit Point Interview
Penalty
The penalty for failing to surrender a driver’s licence is a fine of $110.00.
The ticket has the following penalties:
- out of court fine of $110.00
- maximum fine of $500.00
- conviction on record for 3 years
- can affect insurance rates
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.
Insurance Implications
Where a conviction appears on the driving record for failing to surrender a driver’s 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.
Where any conviction appears on the driving record the insurance will be affected for 3 years, regardless of the situation.
Suspensions
There is no licence suspension for failing to surrender a driver’s licence.
Drivers 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.
The accumulation of demerit points can result in a licence suspension.
- class G1 drivers are suspended for accumulating 6 demerit points
- class G2 drivers are suspended for accumulating 6 demerit points
- class G drivers receive a driver’s licence interview at 8 points
- class G drivers are suspended at 15 demerits
Fighting
Many times where the driver has forgotten the drivers licence the prosecutor at court will either withdraw the charge or reduce the amount of the fine.
Where the fine is reduced, a conviction will appear on the driving record and can affect insurance rates.
The “first attendance” or “Meet with the Prosecutor” option is usually the venue where charges can be dropped.
Definition
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. Highway Traffic Act Section 33,1
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.
The funds are 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.
Driving Records/Abstracts
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;
- 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.