Associated charges: Fail to Surrender Licence | Drive Suspended

All drivers who operate a motor vehicle on a highway in Ontario are required by law to be licensed to do so.

Where a police officer finds a motor vehicle being operated on the roadway without a licensed driver the officer may charge that person with “Drive motor vehicle – No licence”

Key Regulations & Consequences:

• Mandatory Licensing: It’s a basic rule that no one should operate a motor vehicle on Ontario roadways without a valid driver’s license, as stated in section 32 of the Ontario Highway Traffic Act.
• License on Hand: Drivers are legally required to carry their licenses while driving and must present it upon request by law enforcement
• Prohibition on Allowing Unlicensed Driving: Vehicle owners must not permit unlicensed individuals to drive their vehicles on highways.
• Restrictions on Novice Drivers: Care should be taken not to allow novice drivers to drive in violation of any restrictions imposed on them.

Section 32 of the Highway Traffic Act states that the driver shall only drive a motor vehicle that is within a class of motor vehicles in respect of which the person holds a drivers licensed the them, under the act.

The owner of the vehicle is responsible that:

• if their vehicle is being operated on the roadway, that
  • the vehicle is insured with liability insurance coverage,
    • whether or not they are actually driving the vehicle or not.

Where a vehicle is not insured, the owner must take reasonable precautions to ensure the vehicle is not operated on the roadway by other persons.

Where another person drives an uninsured vehicle on the roadway, the owner may be charged with Permit Operation of a Motor Vehicle Without Insurance.

There are specific scenarios where individuals may be exempt from these rules, such as international drivers with a valid permit or new residents of Ontario within their first 60 days in the province, under certain conditions.

Consequences for driving without a license can vary:

• Forgetting License: A fine, typically starting at $85 in Ontario, can be imposed for not carrying a valid license.
• Suspended License: Driving with a suspended license can lead to fines ranging from $1,000 to $5,000 and potential imprisonment.
• Expired License: Driving with an expired license can result in fines between $200 to $300, and may require retesting for license renewal.
• Never Having a License: A fine of approximately $265 may be imposed.

The consequence of driving without a valid license typically involves a fine, the amount of which can vary based on the specifics of the case.

In instances where a driver has merely forgotten their license or it has recently expired, rectifying the situation by presenting a valid license to the court could lead to the charge being dismissed or lessened.

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.