Stunt Driving
Stunt driving is a punitive law set up to combat high speeds and aggressive driving
Stunt Driving – Highway Traffic Act s.172
Where a police officer finds a driver operating a motor vehicle on the roadway in a manner that falls into the definition of stunt driving the officer may:
- arrest the driver
- seize the vehicle for 7 days
- suspended the licence for 7 days
- charge the driver with stunt driving
Where the driver of a motor vehicle has been charged with stunt driving the driver/owner are responsible for all towing and storage fees.
Police officers must issue a summons to appear, which is an order for the driver (or legal representative) to appear before a judge.
Types of Stunt Driving
Although the law targets speeding, many other types of aggressive driving are included in the definition, including:
- indicating an intention to chase another motor vehicle
- indications the drivers of the motor vehicles are engaged in a competition
- outdistancing or attempting to outdistance one or more other motor vehicles
- repeatedly changing lanes in close proximity to other vehicles
- to cut through the ordinary flow of traffic
- while driving at a rate of speed that is a marked departure
- from the lawful rate of speed.
- while driving at a rate of speed that is a marked departure
- to cut through the ordinary flow of traffic
What is Stunt Driving
Although the stunt driving targets driving at high speeds, many other types of aggressive driving are included such as:
- indicating an intention to chase another motor vehicle
- indications the drivers of the motor vehicles are engaged in a competition
- outdistancing or attempting to outdistance one or more other motor vehicles
- repeatedly changing lanes in close proximity to other vehicles
- to cut through the ordinary flow of traffic
- while driving at a rate of speed that is a marked departure
- from the lawful rate of speed.
- while driving at a rate of speed that is a marked departure
- to cut through the ordinary flow of traffic
Stunt Driving Includes
Stunt driving includes the following types of driving:
- driving with a person in the trunk.
- driving while the driver is not sitting in the driver’s seat.
- driving to prevent another vehicle from passing,
- spinning a vehicle or cause it to circle, without maintaining control over it
- cause some or all of its tires to lose traction with the surface of the highway while turning
- driving that indicates an intention to drive,
- without justification,
- as close as possible to another vehicle,
- pedestrian or fixed object on or near the highway.
- without justification,
- lift some or all tires from the surface of the highway,
- including driving a motorcycle on one wheel
- driving two or more motor vehicles side by side or in proximity to each other,
- where one of the motor vehicles occupies a lane of traffic or other portion of the highway intended for use by oncoming traffic for
- a period of time that is longer than is
- reasonably required to pass another motor vehicle.
- where one of the motor vehicles occupies a lane of traffic or other portion of the highway intended for use by oncoming traffic for
- stopping or slowing down in a manner that indicates the driver’s sole intention in stopping or slowing down is to
- interfere with the movement of another vehicle by
- cutting off its passage on the highway or
- to cause another vehicle to stop, or
- slow down in circumstances where the other vehicle
- would not ordinarily do so
- interfere with the movement of another vehicle by
Related Charges: Careless Driving, Speeding
Insurance Implications
Convictions for Stunt Driving will dramatically affect insurance rates.
Insurance companies will consider a conviction for stunt driving a major insurance violation, and increase rates dramatically.
The perceptions is that where a driver has been convicted of stunt driving there is an increased risk of an accident where a claim will be made.
Where the driver holds a Class G1 or Class G2 licence the insurance rates will be affected for 2 reasons:
- a conviction on the driving record
- 7 day roadside suspension
- mandatory 30 day licence suspension
- violation novice driver conditions
- stunt driving has 6 demerit points
- violation novice driver conditions
Once convicted of stunt driving most novice drivers will be uninsurable because of the high risk of an accident.
Driving Records
Where a driver is charged with stunt driving and the licence is suspended for 30 days, the licence suspension will appear on the driving record shortly after the offence.
Where the insurance checks the driving abstract they will become aware of the offence and suspension.
Convictions for stunt driving do not appear on the driving record until after the final court date. 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 abstracts are available to anyone who has the drivers licence number for a fee payable to the Ministry of Transportation.
Each insurance company is a private company with their own set of rules and standards.
Penalty for Stunt Driving
The penalty for stunt driving is:
- minimum fine $2,000
- maximum fine $10,000.
- jail up to 6 months
- 7 demerit points
- licence suspension
- 1st conviction up to 2 years
- subsequent convictions up to 10 years
- high risk insurance rates for 3 years
Summons to Appear in Court
There is no out of court payment for stunt driving. The police officer must issue a summons to appear to the driver.
The driver or their legal representative must appear before the judge on the date specified on the summons.
Where the driver or legal representative does not appear, the judge may convict the driver in their absence or issue a warrant for the drivers arrest.
What is a Victim Fine Surcharge
The provincial government adds a victim fine surcharge (VFS) to every non-parking fine imposed under the Provincial Offences Act.
- 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.
The funds are deposited into a special fund to help victims of crime.
Legal Definition
Racing, stunts, etc., prohibited
172 (1) No person shall drive a motor vehicle on a highway in a race or contest, while performing a stunt or on a bet or wager.
Offence
(2) Every person who contravenes subsection (1) is guilty of an offence and on conviction is liable to a fine of not less than $2,000 and not more than $10,000 or to imprisonment for a term of not more than six months, or to both, and in addition his or her driver’s licence may be suspended,
(a) on a first conviction under this section, for not more than two years; or
(b) on a subsequent conviction under this section, for not more than 10 years.
Determining subsequent conviction
(3) In determining whether a conviction is a subsequent conviction for the purposes of subsection (2), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.
10-year limitation
(4) A conviction that is more than 10 years after the previous conviction is deemed to be a first conviction for the purpose of subsection (2).
Police to require surrender of licence, detention of vehicle
(5) Where a police officer believes on reasonable and probable grounds that a person is driving, or has driven, a motor vehicle on a highway in contravention of subsection (1), the officer shall,
(a) request that the person surrender his or her driver’s licence; and
(b) detain the motor vehicle that was being driven by the person until it is impounded under clause (7) (b).
Administrative seven-day licence suspension
(6) Upon a request being made under clause (5) (a), the person to whom the request is made shall forthwith surrender his or her driver’s licence to the police officer and, whether or not the person is unable or fails to surrender the licence to the police officer, his or her driver’s licence is suspended for a period of seven days from the time the request is made.
Administrative seven-day vehicle impoundment
(7) Upon a motor vehicle being detained under clause (5) (b), the motor vehicle shall, at the cost of and risk to its owner,
(a) be removed to an impound facility as directed by a police officer; and
(b) be impounded for seven days from the time it was detained under clause (5) (b).
Release of vehicle
(8) Subject to subsection (15), the motor vehicle shall be released to its owner from the impound facility upon the expiry of the period of impoundment.
Early release of vehicle
(9) Despite the detention or impoundment of a motor vehicle under this section, a police officer may release the motor vehicle to its owner before it is impounded under subsection (7) or, subject to subsection (15), may direct the operator of the impound facility where the motor vehicle is impounded to release the motor vehicle to its owner before the expiry of the seven days if the officer is satisfied that the motor vehicle was stolen at the time that it was driven on a highway in contravention of subsection (1).
Duty of officer re licence suspension
(10) Every officer who asks for the surrender of a person’s driver’s licence under this section shall keep a record of the licence received with the name and address of the person and the date and time of the suspension and shall, as soon as practicable after receiving the licence, provide the person with a notice of suspension showing the time from which the suspension takes effect and the period of time for which the licence is suspended.
Duty of officer re impoundment
(11) Every officer who detains a motor vehicle under this section shall prepare a notice identifying the motor vehicle that is to be impounded under subsection (7), the name and address of the driver and the date and time of the impoundment and shall, as soon as practicable after the impoundment of the motor vehicle, provide the driver with a copy of the notice showing the time from which the impoundment takes effect, the period of time for which the motor vehicle is impounded and the place where the vehicle may be recovered.
Same
(12) A police officer shall provide a copy of the notice prepared under subsection (11) to the owner of the motor vehicle by delivering it personally or by mail to the address of the owner shown on the permit for the motor vehicle or to the latest address for the owner appearing on the records of the Ministry. 2007, c. 13, s. 21.
No appeal or hearing
(13) There is no appeal from, or right to be heard before, a vehicle detention, driver’s licence suspension or vehicle impoundment under subsection (5), (6) or (7), but this subsection does not affect the taking of any proceeding in court.
Lien for storage costs
(14) The costs incurred by the person who operates the impound facility where a motor vehicle is impounded under this section are a lien on the motor vehicle that may be enforced under the Repair and Storage Liens Act.
Costs to be paid before release of vehicle
(15) The person who operates the impound facility where a motor vehicle is impounded under subsection (7) is not required to release the motor vehicle until the removal and impound costs for the vehicle have been paid.
Owner may recover losses from driver
(16) The owner of a motor vehicle that is impounded under this section may bring an action against the driver of the motor vehicle at the time the vehicle was detained under clause (5) (b) to recover any costs or other losses incurred by the owner in connection with the impoundment.
Case Law
R. v. Tavukoglu, 2009 ONCJ 606 (CanLII)
2009-12-17 | 30 pages | cited by 2 documents
stunt driving — absolute liability — offence — speed limit — due diligence
[…] a. Finding that none of the seven acts defined as a “stunt” could alone constitute stunt driving within the meaning of section 172 of the HTA ; […] has to be more than just speeding as part of the allegation.” I agree with the Crown’s argument contained in paragraph 7 of its factum that any one of the 8 driving behaviours that are proscribed by s. 3(7) of the regulation is sufficient to constitute an offence of stunt driving within the meaning of s. 172 of the HTA . […] [57] The Crown argues that an application of all of these principles and submissions should lead to the conclusion that the absence of statutory language similar to s.84.1 of the HTA coupled with the overall legislative pattern of the stunt racing provisions contained in such stunt driving provisions contained in O. Reg. […]
R. v. Sgotto, 2009 ONCJ 48 (CanLII)
2009-02-17 | 15 pages | cited by 4 documents
strict liability offence — stunt — speeding — defence of due diligence — absolute liability offence
[…] Racing, stunts, etc., prohibited 172. (1) No person shall drive a motor vehicle on a highway in a race or contest, while performing a stunt or on a bet or wager. 2007, c. 13, s. 21. […] The Crown argues that the rules of statutory interpretation support the conclusion that the offence of stunt driving should be interpreted as a strict liability offence. […] The Crown argues that although there appears to be an overlap between s.128, and stunt driving as defined by s.172(2) of the Highway Traffic Act and s.3.7 of Regulation 455/07, the argument fails once the offence of stunt driving is interpreted as a strict liability offence. […]
R. v. Raham, 2010 ONCA 206 (CanLII)
2010-03-18 | 27 pages | cited by 102 documents
stunt driving — offence — speeding — due diligence defence — motor vehicle
[…] as strict liability where possible to construe as absolute or strict liability — Offence of stunt driving by speeding one of strict liability — Offence not violating s. 7 of Charter — Canadian Charter of Rights and Freedoms , s. 7 — Highway Traffic Act, R.S.O. 1990, c. H.8 , s. 172 — O. Reg. 455/07 , s. 3 . […] Criminal law — Provincial offences — Stunt driving — Section 172 of Highway Traffic Act creating separate offence of stunt driving — Stunt driving not confined to driving in race or contest and encompassing offence of stunt driving by speeding more than 50 kph over limit one of strict liability — Offence not violating […] Section 172 of the Highway Traffic Act creates the offence of stunt driving, which is punishable by a fine, a term of imprisonment or both. […]
