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 s.33.1

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 Licence to Police

When stopped by a police officer, drivers are required to produce and surrender their 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.

Where a driver does not surrender the licence and refuses to identify themselves to a police officer the officer may arrest the driver.

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

Fine

The fine for failing to surrender a drivers licence is $110.00.

The ticket has 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

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.

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.

Demerit Points

A charge of failing to surrender a drivers licence does NOT have any demerit points.

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;

Each insurance company is a private company with their own set of rules and standards.

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.

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.