Novice Licence G1 Driver Conditions

5. (1) The holder of a Class G1 driver’s licence may drive a Class G1 motor vehicle on a highway if a holder of a Class A, B, C, D, E, F or G driver’s licence or its equivalent authorizing the holder to drive the motor vehicle, who qualifies as an accompanying driver, occupies the seat beside the driver for the purpose of giving him or her instruction in driving the motor vehicle and the following additional conditions are met:

1. Revoked:

2. The accompanying driver’s blood alcohol concentration must be less than 50 milligrams of alcohol in 100 millilitres of blood while the novice driver is operating the motor vehicle.

3. No person other than the novice driver and the accompanying driver shall occupy a front seat in the motor vehicle.

4. The number of passengers in the seats other than the front seats of the motor vehicle must not exceed the number of operable seat belt assemblies in those other seats.

5. The motor vehicle may not be driven on a highway designated by subsection (4).

6. The motor vehicle may not be driven by the novice driver between midnight and 5 a.m.

(2) A person is qualified to act as an accompanying driver if he or she,

(a) is a fully licensed driver in a Class G motor vehicle;

(b) has been licensed in Ontario or another jurisdiction for at least four years; and

(c) meets the applicable requirements of the Act and the regulations, including any requirement to wear corrective lenses but not including any requirement for any special or modified controls applicable to the accompanying driver’s licence.

(3) Revoked:

(4) The following highways are designated for the purposes of paragraph 5 of subsection (1):

1. Those parts of the King’s Highway known as Nos. 400, 400A, 401, 402, 403, 404, 405, 406, 409, 410, 412, 416, 417, 418, 420 and 427 with posted speed limits greater than 80 kilometres per hour.

1.1 All of the King’s Highway known as Highway 407 East.

1.2 All of the private toll highway known as Highway 407.

2. All of the King’s Highway known as the Queen Elizabeth Way.

3. Those parts of the highway known as the Don Valley Parkway, the Gardiner Expressway and the E. C. Row Expressway.

4. That part of the King’s Highway known as the Conestoga Parkway from its westerly limit at its intersection with the King’s Highway known as Nos. 7 and 8 to its northerly limit at its intersection with the King’s Highway known as No. 86. O.

(5) Paragraph 5 of subsection (1) does not apply if the accompanying driver is a driving instructor licensed in Ontario.

(6) Subsection (1) does not apply to the driving of a motor assisted bicycle.

6. (1) The holder of a Class G2 driver’s licence may drive a Class G2 motor vehicle on a highway subject to the following conditions:

1. Revoked:

2. The number of passengers in the motor vehicle must not exceed the number of operable seat belt assemblies installed in it.

3. Between the hours of midnight and 5 a.m., there must not be more than one passenger in the motor vehicle who is under the age of 20, other than a person who is a member of the novice driver’s immediate family.

(1.1) Despite subsection (1), the holder of a Class G2 driver’s licence who has held a valid G2 driver’s licence for at least six months may drive a Class G2 motor vehicle on a highway subject to the following conditions:

1. Revoked:

2. The number of passengers in the motor vehicle must not exceed the number of operable seat belt assemblies installed in it.

3. Between the hours of midnight and 5 a.m., there must not be more than three passengers in the motor vehicle who are under the age of 20, other than a person who is a member of the novice driver’s immediate family.

(2) Subsections (1) and (1.1) do not apply to the driving of a motor assisted bicycle.

(3) For the purpose of subsection (1.1), the requirement that a novice driver has held a valid G2 licence for at least six months means that, at the time the novice driver is driving, he or she held a valid G2 licence for at least the immediately preceding six months.

(4) Paragraph 3 of subsection (1) and paragraph 3 of subsection (1.1) do not apply to,

(a) a novice driver who is at least 20 years old; or

(b) any novice driver if a person who qualifies as an accompanying driver, as described in subsection 5 (2), and who meets the condition for an accompanying driver as set out in paragraph 2 of subsection 5 (1), occupies the seat beside the driver and no person other than the novice driver and the accompanying driver occupies a front seat in the motor vehicle.

(5) The age distinctions in paragraph 3 of subsection (1), paragraph 3 of subsection (1.1) and clause (4) (a) apply despite the Human Rights Code.

(6) In paragraph 3 of subsection (1) and paragraph 3 of subsection (1.1), immediate family includes the novice driver’s guardian and immediate family who are related by blood, marriage, conjugal relationship outside marriage or adoption. 7. The holder of a Class M1 driver’s licence may drive a motorcycle on a highway subject to the following conditions:

1. Revoked:

2. The motorcycle may only be driven from one-half hour before sunrise to one-half hour after sunset.

3. No passenger may be carried on the motorcycle.

4. The motorcycle may not be driven on a highway with a speed limit in excess of 80 kilometres per hour other than those parts of the King’s Highway known as Nos. 11, 17, 61, 69, 71, 101, 102, 144 and 655.

8. Revoked:

9. (1) The Registrar shall, after giving notice, suspend or cancel the driver’s licence of a novice driver as provided in subsection (2) in the following circumstance:

1. The novice driver is convicted of any of the offences described in subsection (3).

(2) Subject to subsections (4) and 10 (5), the Registrar shall,

(a) upon a novice driver’s first conviction for any of the offences, suspend the driver’s licence of the person for 30 days;

(b) upon a novice driver’s second conviction for any of the offences, suspend the driver’s licence of the person for 90 days; and

(c) upon a novice driver’s third conviction for any of the offences, cancel the driver’s licence of the person.

(3) Subsection (1) applies with respect to any of the following offences:

1. An offence under subsection 44.1 (3) of the Act.

1.1 An offence under subsection 44.2 (4) of the Act.

2. A contravention of any of the conditions specified in section 5, 6 or 7 of this Regulation.

3. An offence under the Act set out in Column 1 of the Table to the Demerit Point Regulation for which the number of demerit points set out opposite thereto in Column 2 is four or more, regardless of whether or not demerit points have been recorded.

4. An offence under subsection 216 (3) of the Act.

5. An offence under section 78 or 78.1 of the Act. O. Reg. 205/10, s. 6;

(4) If a novice driver is convicted of two or more offences arising out of the same circumstances and two or more of these offences are offences described in subsection (3), only one conviction shall be counted for the purposes of subsection (2).

(5) In determining whether a conviction is a second, third or subsequent conviction for the purposes of this section and section 10, the only question to be considered is the sequence of the convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction. O. Reg. 205/10, s. 6.

10. (1) Subsection 9 (1) does not apply with respect to a conviction for an offence, if the offence occurs after a person’s driver’s licence is cancelled as described in clause 9 (2) (c) but before the person reapplies for a class G1 or M1 driver’s licence, as the case may be.

(2) Subsection 9 (1) does not apply with respect to a conviction that occurred before the day section 6 of Ontario Regulation 205/10 comes into force.

(2.1) Subsection 9 (1) does not apply with respect to a conviction for an offence described in paragraph 5 of subsection 9 (3), if the offence occurred before the day section 1 of Ontario Regulation 227/15 comes into force.

(3) Subsection 9 (1) does not apply with respect to a conviction for an offence described in paragraph 3, 4 or 5 of subsection 9 (3), if at the time of the offence,

(a) the holder of a Class G1 or G2 driver’s licence also holds a Class M driver’s licence; or

(b) the holder of a Class M1 or M2 driver’s licence also holds a Class A, B, C, D, E, F or G driver’s licence.

(4) Clause 9 (2) (b) or (c) does not apply when the second, third or subsequent conviction is more than five years after the previous conviction.

(5) If the holder of a Class G1 or G2 driver’s licence is a fully licensed driver in Class M or if the holder of a Class M1 or M2 driver’s licence is a fully licensed driver in Class A, B, C, D, E, F or G, as the case may be, the Registrar shall only cancel the person’s Class G1, G2, M1 or M2 driver’s licence, as the case may be, as described in clause 9 (2) (c). O. Reg. 205/10, s. 6.

(6) If the holder of a Class G1, G2, M1 or M2 driver’s licence is convicted of a third offence described in subsection 9 (3) and subsequently becomes a fully licensed driver in Class G or M, as the case may be, before the Registrar receives notice of the person’s third conviction, the Registrar shall not cancel the person’s driver’s licence as described in clause 9 (2) (c) but shall instead suspend the licence for 90 days.

11. (1) The Registrar shall state the effective date of the licence suspension or cancellation in the notice given under subsection 9 (1).

(2) The period of licence suspension under subsection 9 (1) is concurrent with the unexpired portion of any other licence suspension under the Act or this Regulation or under any other authority.

(3) A licence suspended under subsection 9 (1) shall not be reinstated,

(a) in the case of a suspension described in clause 9 (2) (a), until 30 days have elapsed from the date the licence is surrendered on account of the suspension or two years have elapsed from the date of the suspension, whichever occurs first; or

(b) in the case of a suspension described in clause 9 (2) (b), until 90 days have elapsed from the date the licence is surrendered on account of the suspension or two years have elapsed from the date of the suspension, whichever occurs first.

(4) Despite anything in this Regulation, a person whose Class G1, G2, M1 or M2 driver’s licence has been cancelled as described in clause 9 (2) (c),

(a) shall be required to reapply for a driver’s licence; and

(b) shall be classed as a G1 or M1 driver without the benefit of any time previously earned in Class G1 or M1, as the case may be. O. Reg. 205/10, s. 6.

(5) Fees paid by a person under subsection 26 (1) with respect to a Class G1, G2, M1 or M2 driver’s licence that is cancelled as described in clause 9 (2) (c) are not refundable and may not be credited towards any subsequent fee payable by the person for any driver’s licence applied for by the person. O. Reg. 205/10, s. 6.

(6) If a driver’s licence is suspended or cancelled under subsection 9 (1) in respect of a conviction for an offence described in paragraph 3 of subsection 9 (3), no demerit points shall be recorded in respect of that conviction, despite section 2 and subsection 3 (2) of the Demerit Point Regulation. O. Reg. 205/10, s. 6.

(7) If a person is convicted of an offence described in paragraph 3 of subsection 9 (3) that occurs after the person’s driver’s licence is cancelled as described in clause 9 (2) (c) but before the person reapplies for a class G1 or M1 driver’s licence, as the case may be, no demerit points shall be recorded in respect of that conviction, despite section 2 and subsection 3 (2) of the Demerit Point Regulation.

11.1 The following information is prescribed for the purposes of section 57.1.1 of the Act:

1. The passenger’s date of birth.

2. The nature of the familial relationship between the passenger and the driver of the motor vehicle, and the name and address of the person or persons through whom the driver and the passenger are related, if any.