In Ontario driving is considered a privilege:

• the privilege of driving on a roadway is granted to, and retained by, only those person who demonstrate that they are likely to drive safely; and
• full driving privileges are granted to novice and probationary drivers only after they acquire experience and develop or improve safe driving skills in controlled conditions.

Where a drivers licence has expired or the driver has not renewed the licence, the law considers the driver unlicensed.

The police officer may charge the driver with being unlicensed and not having a valid drivers licence.

Though the driver may renew the licence forthwith or shortly afterwards, the courts and many insurance companies will consider that the driver was not licensed on the date and time of the offence.

Where an accident has occurred and the licence is found to be expired, the insurance may say the driver was not licensed to operate the vehicle on the roadway and deny the claim.

Driving a privilege

s.31 The purpose of this Part is to protect the public by ensuring that,

(a) the privilege of driving on a highway is granted to, and retained by, only those persons who demonstrate that they are likely to drive safely; and

(b) full driving privileges are granted to novice and probationary drivers only after they acquire experience and develop or improve safe driving skills in controlled conditions.

Driver’s licence

32 (1) No person shall drive a motor vehicle on a highway unless the motor vehicle is within a class of motor vehicles in respect of which the person holds a driver’s licence issued to him or her under this Act.

Idem
(2) No person shall drive a street car on a highway unless he or she holds a driver’s licence.

Endorsement required

(3) No person shall drive on a highway a type of motor vehicle or combination of vehicles for which the regulations require a driver’s licence endorsement or in circumstances for which the regulations require a driver’s licence endorsement unless the person’s driver’s licence permits him or her to drive that class of motor vehicle or combination of vehicles and is endorsed to permit him or her to drive that type of motor vehicle or combination of vehicles or to drive in those circumstances, as the case may be.

A conviction on the drivers abstract for driving without a licence or expired licence can affect insurance rates.

Where an accident has occurred the insurance implications will be compounded because:

• a claim for the accident has been made
• a conviction has been registered on the driving record
• the insurance may consider that the driver was not authorised or licensed to drive

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.

There are no demerit points for driving without a licence.