Highway Traffic Act section 168

When driving on a roadway drivers must use their lower headlight beam when:

• approaching an oncoming vehicle within 150 metres; or
• following another vehicle within 60 metres,
  • except when in the act of overtaking and passing

Flashing High Beams

It is not considered automatically an offence to flash high beams.  Although a police officer may issue a ticket for doing so, there would need to be evidence of not lowing the beams, not that the driver flashed them.

Using the high beams as a signal would not usually be considered an offence by most courts.

A conviction on the drivers abstract for Failing to Lower the High Beam can affect insurance rates.

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 Records/Abstracts

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;

• 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.

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.

The fine for driving Fail to Lower High Beams is $110.00.

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 $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.

A conviction for fail to use lower beam 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
• 2 demerit points