Demerit Points/Set Fines/Court Costs/Victim Fine Surcharges

This page will link the offence, with the number of demerit points and the set fine, the court costs and victim surcharge related to a conviction of one of these offences. The courts are much more severe if the offence took place in a community safety zone or in or around a construction zone. Speeding is dealt with under section 128 of the Highway Traffic Act; if you speed near a construction zone, expect the fine to be doubled. If an offence is committed in these areas, normally the fines associated with the offence double, or in some instances, rather than doubling the fine, instead, a No Set Fine (N.S.F) is applied, which is worse than the doubling of a fine.

Speeding Fines: See Section 128 (14) & (14.1) of the Highway Traffic Act (under Penalty):

Penalty for Speeding:

(14) Every person who contravenes this section or any by-law or regulation made under this section is guilty of an offence and on conviction is liable, where the rate of speed at which the motor vehicle was driven,

(a) is less than 20 kilometres per hour over the speed limit, to a fine of $3 for each kilometre per hour that the motor vehicle was driven over the speed limit;

(b) is 20 kilometres per hour or more but less than 30 kilometres per hour over the speed limit, to a fine of $4.50 for each kilometre per hour that the motor vehicle was driven over the speed limit;

(c) is 30 kilometres per hour or more but less than 50 kilometres per hour over the speed limit, to a fine of $7 for each kilometre per hour that the motor vehicle was driven over the speed limit; and

(d) is 50 kilometres per hour or more over the speed limit, to a fine of $9.75 for each kilometre per hour that the motor vehicle was driven over the speed limit. 2005, c. 26, Sched. A, s. 17 (7) (see Racing under Accumulation of six (6) Demerit Points upon conviction below)

Penalty for Speeding in Construction Zones:

(14.1) Every person who contravenes this section in a construction zone designated under subsection (8) or (8.1) when there is a worker in the construction zone is liable on conviction, not to the fines set out in subsection (14), but, where the rate of speed at which the motor vehicle was driven,

(a) is less than 20 kilometres per hour over the posted speed limit, to a fine of double the fine set out in clause (14) (a) for each kilometre per hour that the motor vehicle was driven over the speed limit;

(b) is 20 kilometres per hour or more but less than 30 kilometres per hour over the posted speed limit, to a fine of double the fine set out in clause (14) (b) for each kilometre per hour that the motor vehicle was driven over the speed limit;

(c) is 30 kilometres per hour or more but less than 50 kilometres per hour over the posted speed limit, to a fine of double the fine set out in clause (14) (c) for each kilometre per hour that the motor vehicle was driven over the speed limit; and

(d) is 50 kilometres per hour or more over the posted speed limit, to a fine of double the fine set out in clause (14) (d) for each kilometre per hour that the motor vehicle was driven over the speed limit. 2005, c. 26, Sched. A, s. 17 (8). (See Racing under Accumulation of six (6) Demerit Points upon conviction below).

There are set fines and in some instances, no set fine (N.S.F). Where it is labelled an N.S.F., the fine levied will be at the discretion of the court (normally the Justice of the Peace will decide the fine).

In addition to the set fine, is the court costs (normally $ 5.00) and the victim fine surcharge, which is applied in this manner:

Victim Fine Surcharges:
Effective January 1, 1995, a Victim Fine Surcharge is applied to all Provincial Offence Act Offences fines, with the exception of parking tickets. This Fine Surcharge generates millions upon millions of dollars for the Province of Ontario.

This surcharge is applied against set fines, where convictions have been registered (Part I or Part III of the Act) – see section 60 of the Provincial Offences Act.

This surcharge is 20% of the imposed fine (ie. if the fine is $100.00 then the surcharge will be $20.00). It remains 20% up to a $1000.00. Any fine over $1000.00 will have a surcharge of 25%.

The victim fine surcharge can be found within the Provincial Offences Act (Ontario Regulation 161/00). The Victim Fine Surcharge ranges from $10 (for set fines between $0-$50) up to $125 (for set fines between $501 to $1000) and a surcharge of 25% of any fine imposed over $1000.00:

Fine Range Surcharge:

$0 – 50 =$ 10

$51 – 75 =$ 15

$76 – 100 = $ 20

$101 – 150 = $ 25

$151 – 200 = $ 35

$201 – 250 = $ 50

$251 – 300 = $ 60

$301 – 350 = $ 75

$351 – 400 = $ 85

$401 – 450 = $ 95

$451 – 500 = $ 110

$501 – 1000 = $ 125

$ 1000.00 and over – Surcharge is 25% of the actual fine

On June 11, 1996 the Victims’ Bill of Rights, 1995 was proclaimed as law. This Bill has been using revenue, since January 1, 1995 from the Victim Fine Surcharge to fund the Victim Justice Fund which supports services/programs such as the Victim Crisis Assistance and Referral Services, SupportLink, Victim Support Line and Victim/Witness Assistance Programs.

The “Total Fine” used below, is the Set Fine + the Court Fee (normally $ 5.00) plus the Victim Fine Surcharge (normally 20% of the set fine, up to a fine of $1000 – after that it is 25% of the actual fine). “Section” refers to the section of the HTA (Ontario Highway Traffic Act) which defines the offences referred to below:

Accumulation of seven (7) Demerit Points, upon conviction
:

  • Fail to Remain at scene of collision – Section 200(1)(a) of the HTA – Total Fine =N.S.F (No Set Fine)
  • Fail to Render Assistance – Section 200(1)(b) of the HTA – Total Fine =N.S.F (No Set Fine)
  • Fail to Give Required Information – Section 200(1)(c) of the HTA – Total Fine= N.S.F

The penalty for these offences can be found in Section 200 (2) of the HTA. The Justice of the Peace will exercise his/her discretion and based on the severity of the event and the offender’s driver’s record, penalties could range anywhere from $200 to $1000 fine, six (6) months in jail (or both) and a possible suspension of one’s driver’s licence for not more than two (2) years.

Accumulation of six (6) Demerit Points, upon conviction:

  • Careless Driving – Section 130 of the HTA:

The penalty for these offences can be found in Section 130 of the HTA. The Justice of the Peace will exercise his/her discretion and based on the severity of the event and the offender’s driver’s record, penalties could range anywhere from a $490 to $2000 fine, six (6) months in jail (or both) and a possible suspension of one’s driver’s licence for not more than two (2) years.

  • Racing (Exceeding the Speed Limit by 50 km’s or more over posted speed limit), Stunt Driving of a Motor Vehicle  – Section 172 (1) of the HTA.

The penalty for this offence can be found in Section 172 (2) of the HTA. The Justice of the Peace will exercise his/her discretion and based on the severity of the event and the offender’s driver’s record, penalties range anywhere from a $2000 to $10,000 fine, six (6) months in jail (or both) and a possible suspension of one’s driver’s licence for not more than two (2) years for the first conviction of this offence. $12 per kilometre over posted speed limit.

  • Failing to Properly Stop for a School Bus with Lights Flashing- Section 175 (11) & (12) of the HTA = $490

Accumulation of five (5) Demerit Points, upon conviction:

  • Public Vehicles Required to Stop at Railway Crossings – Section 174 (1) & (2) of the HTA- Total Fine = $105.00

Accumulation of four (4) Demerit Points, upon conviction:

  • Exceeding the Speed Limit by 30-49 Km’s over posted speed limit)- Section 128 (b) of the HTA = See Section 128 (14) (c) of the HTA which charges the driver speeding $ 7 per each kilometre driven over the posted speed limit; if the same offence is committed in a construction zone (see Section 128 (14.1) (c) of the HTA), the $ 7 fine doubles to $14 per each kilometre driven over the posted speed limit.
  • Following  Too  Closely – Section 158 of the HTA – Set Fine = $ 85 (in a community safety zone, the fine is $120).

Accumulation of three (3) Demerit Points, upon conviction:

  • Exceeding the Speed Limit by 16-29 Km’s over the posted speed limit –  Section 128 (c) of the HTA
  • Failing to Yield Right of Way:

Fail to Yield at Uncontrolled Intersections -Section 135 (2) (3) of the HTA – Set Fine = $ 110 (in a community safety zone the fine is $ 180)

Fail to Yield to Traffic on Through Highway – Section 136 (1)(b) of the HTA – Set Fine = $ 110 (in a community safety zone the fine is $ 180)

Fail to Yield to Traffic on a Through Highway – Section 136 (2) of the HTA – Set Fine = $ 110 (in a community safety zone the fine is $ 180)

Fail to Yield – Yield Sign – Section 138 (1) of the HTA – Set Fine = $ 110 (in a community safety zone the fine is $ 180)

Fail to Yield from Private Road – Section 139(1) of the HTA – Set Fine = $ 110 (in a community safety zone the fine is $ 180)

Left Turn Across Path of Approaching Vehicle – Section 141 (5) of the HTA – Set Fine = $ 110 (in a community safety zone the fine is $ 180)

Fail to Yield to Pedestrian – Section 144 (7) of the HTA – Set Fine = $ 180 (in a community safety zone the fine is $ 365)

  • Fail to Yield to Traffic – Section 144 (8) of the HTA – Set Fine = $ 110 (in a community safety zone the fine is $ 180)

Fail to Yield to Flashing Red Light – Section 144 (21) of the HTA- Set Fine = $ 110 (in a community safety zone the fine is $ 180)

  • Failing to Obey Directions of a Police Officer – Section 134 (1) of the HTA – Set Fine = $ 110 (in a community safety zone the fine is $ 150)
  • Failing to Report an Accident to a Police Officer – Section 199 (1) & 199 (1.1) of the HTA – Set Fine = $ 110
  • Crowding Driver’s Seat – Section 162 of the HTA – Set Fine = $ 110 (in a community safety zone the fine is $ 150)
  • Driving or Operating a Vehicle on a closed Road/Highway – Section 134 (3) of the HTA – Set Fine = $ 110 (in a community safety zone the fine is $ 150)
  • Failing to Slow and Carefully Pass a Stopped Emergency Vehicle  –  Section 159.1 (1) of the HTA – Set Fine = $ 490
  • Passing Traffic when Roadway Not Clear – Section 148 (8) of the HTA – Set Fine = $ 110 (in a community safey zone the fine is $ 180):

Drive Left of Centre Approaching Crest of Grade – Section 149 of the HTA – Set Fine = $ 110 (in a community safety zone the fine is $ 180)

Passing to Right of Vehicle Not in Safety – Section 150 of the HTA – Set Fine = $ 110 (in a community safety zone the fine is $ 180)

Passing Streetcar Improperly – Section 166 of the HTA – Set Fine = $ 110 (in a community safety zone the fine is $ 180)

  • Driving Through, Aorund or Under Railway Crossing Barrier – Section 164 of the HTA – Set Fine = $ 110 (community safety zone the fine is $ 180)
  • Failing to Obey Posted Signs:

Disobey Stop Sign- Fail to Stop – Section 136 (1) (a) of the HTA – Set Fine = $ 110 (in a community safety zone the fine is $ 180)

Green Arrow- Fail to Proceed as Directed – Section 144 (14) of the HTA – Set Fine = $ 110 (in a community safety zone the fine is $ 150)

Amber Light- Fail to Stop – Section 144 (15) of the HTA – Set Fine = $ 180 (in a community safety zone the fine is $ 365)

Amber Arrow- Fail to Stop – Section 144 (16) of the HTA – Set Fine = $ 110 (in a community safety zone the fine is $ 150)

Flashing Amber Light- Fail to Proceed with Caution – Section 144 (17) of the HTA – Set Fine = $ 110 (in a community safety zone the fine is $ 150)

Red Light- Fail to Stop, Proceed before Green – Section 144 (18) of the HTA – Set Fine = $ 325 (in a community safety zone the fine is $ 490)

Flashing Red Light- Fail to Stop/Yield – Section 144 (21) of the HTA – Set Fine = $ 110 (in a community safety zone the fine is $ 180)

Fail to Obey Traffic Control Stop Sign – Section 146.1 (3) of the HTA – Set Fine = $ 110 (in a community safety zone the fine is $ 150)

Disobey Railway Crossing Signal- Stop in Wrong Place, Fail to Stop, Proceed Unsafely – Section 163 of the HTA – Set Fine = $ 110 (in a community safety zone the fine is $ 180)

School Crossing Stop Sign- Fail to Obey – Section 176 (3) of the HTA – Set Fine = $ 180 (in a community safety zone the fine is $ 365)

  • Driving the Wrong Way on a Divided Highway/Road – Section 156 (1) (a) of the HTA – Set Fine = $ 110 (in a community safety zone the fine is $ 180)

Failing to Move, where possible, into another lane when Passing a Stopped Emergency Vehicle, if it is safe to do so – Section 159.1 (2) of the HTA – Set Fine = $ 485

  • Improper Use of a High Occupancy Vehicle Lane – Section 154.1 (3) of the HTA – Set Fine = $ 110

Motor Vehicle Equipped with and/or Carrying a Speed Measuring Warning Device (radar detector) – Section 79 (2) of the HTA – Set Fine = $ 170 (Powers of Police Officer Section 79 (3) A police officer may at any time, without a warrant, stop, enter and search a motor vehicle that he or she has reasonable grounds to believe is equipped with or carries or contains a speed measuring warning device contrary to subsection (2) and may seize and take away any speed measuring warning device found in or upon the motor vehicle.

Accumulation of two (2) Demerit Points, upon conviction:

  • Driver Failing to Properly Wear a Seat Belt – Section 106 (2) of the HTA – Set Fine = $ 240
  • Driver failing to ensure that a Passenger, Under 16 Years of Age, is Properly Wearing a Seat Belt – Section 106 (4) (a) (i) of the HTA – Set Fine = $ 240
  • Driver failing to ensure that a passenger, less than 23 kg is properly secured – Subsection 8 (2) of Regulation 613 of the Revised Regulations of Ontario, 1990 – Set Fine = $ 240
  • Driver failing to ensure infant/child passenger is properly secured in an appropriate child restraint system or booster seat – Subsection 8 (3) of Regulation 613 of the Revised Regulations of Ontario, 1990 – Set Fine = $ 240
  • Driver failing to ensure child passenger is secured as prescribed – Subsection 8 (4) of Regulation 613 of the Revised Regulations of Ontario, 1990 – Set Fine = $ 240
  • Failing to Stop at a Pedestrian Crossing (a Crosswalk) – Section 140 (1) of the HTA – Set Fine = $ 180 (in a community safety zone the fine is $ 365)

Pass Stopped Vehicle at Crossover (a Crosswalk) – Section 140 (2) of the HTA – Set Fine = $ 180 (in a community safety zone the fine is $ 365)

Pass Front of Vehicle within 30 Metres of Crossover (a Crosswalk) – Section 140 (3) of the HTA – Set Fine = $ 180 (in a community safety zone the fine is $ 365)

  • Improper Right Turn – Section 141 (2) of the HTA – Set Fine = $ 110 (in a community safety zone the fine is $ 150)

Improper Right Turn- Multi-Lane Highway – Section 141 (3) of the HTA – Set Fine = $ 110 (in a community safety zone the fine is $ 150)

  • Left Turn- Fail to Afford Reasonable Opportunity to Avoid Collision – Section 141 (5) of the HTA – Set Fine = $ 110 (in a community safety zone the fine is $ 180)

Improper Left Turn – Section 141 (6) of the HTA – Set Fine = $ 110 (in a community safety zone the fine is $ 150)

Improper Left Turn- Multi-Lane Highway – Section 141 (7) of the HTA – Set Fine = $ 110 (in a community safety zone the fine is $ 150)

  • Prohibited turns:

U-turn On a Curve, Railway Crossing, Near Crest of Grade, Bridge, Viaduct or Tunnel- No Clear View – Section 143 of the HTA – Set Fine = $ 110 (in a community safety zone the fine is $ 180)

Proceed Contrary to Sign at Intersection – Section 144 (9) of the HTA- Set Fine = $ 110 (in a community safety zone the fine is $ 150)

  • Failing to Obey Signs (under regulation Section 182 (1) ) – Section 182 (2) of the HTA – Set Fine = $ 110 (in a community safety zone the fine is $ 150)
  • Failing to signal:

Turn, Change Lane, Fail to Signal for Turn- not in Safety – Section 142 (1) of the HTA – Set Fine = $ 110 (in a community safety zone the fine is $ 150)

Start From Parked Position, Stopped Position, Stopped Position and Fail to Signal- Not in Safety – Section 142 (2) of the HTA – Set Fine = $ 110 (in a community safety zone the fine is $ 180)

Fail to Stop, Fail to Signal Decrease in Speed, Improper Signal to Stop and Improper Signal to Decrease in Speed – Section 142 (8) of the HTA – Set Fine = $ 110 (in a community safety zone the fine is $ 150)

  • Failing to Share the Road:

Fail to Share Half Roadway- Meeting Vehicle – Section 148 (1) of the HTA – Set Fine = $ 110 (in a community safety zone the fine is $ 150)

Fail to Share Roadway- Meeting Bicycle – Section 148 (4) of the HTA – Set Fine = $ 110 (in a community safety zone the fine is $ 150)

Fail to Turn Out to Left to Avoid Collision – Section 148 (5) of the HTA – Set Fine = $ 110 (in a community safety zone the fine is $ 150)

Bicycle- Fail to Turn Out to Right When Overtaken- Section 148 (6) of the HTA – Set Fine = $ 110 (in a community safety zone the fine is $ 150)

Fail to Stop to Facilitate Passing, Fail to Assist in Passing – Section 148 (7) of the HTA – Set Fine = $ 110 (in a community safety zone the fine is $ 150)

  • Backing Up On a Shoulder/Highway – Section 157 (1) of the HTA – Set Fine = $ 110 (in a community safety zone the fine is $ 150)
  • Unnecessary Slow Driving – Section 132 of the HTA – Set Fine = $ 110 (in a community safety zone the fine is $ 150)
  • Failure to Lower Headlamp Beams – Section 168 of the HTA – Set Fine = $ 110 (in a community safety zone the fine is $ 150)
  • Improper opening of a vehicle door – Section 165 of the HTA – Set Fine = $ 110 (in a community safety zone the fine is $ 150)
  • Towing People – on toboggans, bicycles, ski’s, skate boards, rollerblades, etc. prohibited- Section 160 of the HTA – Set Fine = $ 110 (in a community safety zone the fine is $ 150)

Update: April 23, 2009 – Bill 126 received Royal Assent today. The Provincial Government plans on putting this law into force in 2010. This new Bill covers a number of different areas in the Highway Traffic Act, which includes, but is not limited to the following: New Rules surrounding consuming alcohol and driving (when this law comes into force, Novice and Young Driver’s will be expected not to have been drinking at all before driving, driver’s who drive while their driver’s licence is suspended will have their motor vehicles impounded for progressive periods of time, depending on how many times they are caught while their driver’s licence is suspended, many of the fines under the Highway Traffic Act are increasing, etc,. etc.). The increase in the fines will not be reflected above, until these fines actually come into force. Here is a small sample (of the increase in fines) of what Bill 126 will bring with it, once it comes into force and begins to affect driver’s on Ontario roads and highways:

What changes have been made to the Highway Traffic Act (the H.T.A) as a result of the enactment of Bill 126?:

Bill 126 increases many of the financial fines under the H.T.A (sections 106,130,144 & 146 and 200):

Seatbelts – see Section 106 of the H.T.A – fine was $60 to $500 (see general penalty) increases to $200 to $1,000

Careless Driving – see Section 130 of the H.T.A – fine was $200 to $1,000 increases to $400 to $2,000

Failure to Stop at Red Light/Red Light Camera – see Sections 144 & 146 of the H.T.A – fine was $150 to $500 this fine increases to $200 to $1,000.00

Duty of person in charge of vehicle in case of accident (remain or immediately return to scene of accident, render all possible assistance and provide particulars upon request) – see  Penalty Section 200 (2) of the H.T.A. – fine was $200 to $1,000 increases to $400 to $2,000.00

 

Update: April 10, 2011 – Victim Fine Surcharges – $41 Million Collected by Ontario between April 1, 2009 to March 31, 2010 Inclusive

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