Toronto: Police Have Laid 93 Stunt Driving Charges Against Drivers to Date in 2013

Update:

The Gardiner Expressway.  Three (3) motorists were charged this weekend, with the offence of Stunt Driving - drivers face an immediate seven-day licence suspension and six demerits off their license. They can have their license suspended up to two years and could face up to six months in prison and a $2000.00 fine.
The Gardiner Expressway. Three (3) motorists were charged this weekend, with the offence of Stunt Driving – drivers face an immediate seven-day licence suspension and six demerits off their license. Their vehicles are towed and impounded for a week and the driver is then forced to pay for the towing and impound charges. They can have their license suspended up to two years and could face up to six months in prison and a $2000.00 (max. $10,000.00) fine. This charge inevitably leads to an increase in auto-insurance premiums.

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Police warned Tuesday about an upswing in stunt driving across the province and the repercussions of extreme high-speed driving — including getting caught.

Forty-five drivers were stopped across the province on stunt driving charges last weekend, which is travelling at more than 50 km/h above the speed limit, said traffic services Acting Supt. Gord Jones.

Jones said that three drivers were stopped on the Gardiner Expressway last weekend. Two of the vehicles were Porsches, one clocked at 169 km/h and the other at 181. The driver of a BMW was also stopped on the Gardiner, going 185 km/h.

Jones said all three drivers had been drinking and were between 18 and 44 years old.

“Every one of them knew the difference between right and wrong. Unfortunately they made the wrong choice,” he said. “The amount of damage that would occur if any of these vehicles, travelling at these excessive speeds, was involved in a collision would likely be catastrophic and almost certainly a fatality.

Jones said stunt drivers face an immediate seven-day licence suspension and six demerits off their license. They can have their license suspended up to two years and could face up to six months in prison, he said.

Toronto police have laid 93 stunt driving charges so far this year, Jones said.

Stunt Driving warning sign located on the eastbound Gardiner Expressway
Stunt Driving warning sign located on the eastbound Gardiner Expressway

 

Bill 203 – Safer Roads for a Safer Ontario Act came into effect on September 30, 2007 which is laid out in Ontario Regulation 455/07: Races, Contests and Stunts and section 172 of the Ontario Highway Traffic Act (as seen below):

Zero Tolerance for speeders or drinkers
Zero Tolerance for speeders or impaired drivers

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.

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. 2007, c. 13, s. 21.

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. 2007, c. 13, s. 21.

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). 2007, c. 13, s. 21.

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). 2007, c. 13, s. 21.

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. 2007, c. 13, s. 21.

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). 2007, c. 13, s. 21.

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. 2007, c. 13, s. 21.

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). 2007, c. 13, s. 21.

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. 2007, c. 13, s. 21.

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. 2007, c. 13, s. 21.

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. 2007, c. 13, s. 21.

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. 2007, c. 13, s. 21.

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. 2007, c. 13, s. 21.

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. 2007, c. 13, s. 21.

Offence

(17)  Every person who obstructs or interferes with a police officer in the performance of his or her duties under this section is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $5,000 or to imprisonment for a term of not more than six months, or to both. 2007, c. 13, s. 21.

Intent of suspension and impoundment

(18)  The suspension of a driver’s licence and the impoundment of a motor vehicle under this section are intended to promote compliance with this Act and to thereby safeguard the public and do not constitute an alternative to any proceeding or penalty arising from the same circumstances or around the same time. 2007, c. 13, s. 21.

Impoundment concurrent with other administrative impoundments

(18.1)  The impoundment of a motor vehicle under this section runs concurrently with an impoundment, if any, of the same motor vehicle under section 41.4, 48.4, 55.1, 55.2 or 82.1. 2009, c. 5, s. 51 (1)

(19)  Repealed: 2008, c. 17, s. 43.

Regulations

(20)  The Lieutenant Governor in Council may make regulations,

(a) requiring police officers to keep records with respect to licence suspensions and vehicle impoundments under this section for a specified period of time and to report specified information with respect to licence suspensions and vehicle impoundments to the Registrar and governing such records and reports;

(b) exempting any class of persons or class or type of vehicles from any provision or requirement of this section or of any regulation made under this section, prescribing conditions for any such exemptions and prescribing different requirements for different classes of persons or different classes or types of vehicles;

(c) defining the terms “race”, “contest” and “stunt” for the purposes of this section. 2007, c. 13, s. 21.

Definition

(21)  In this section,

“driver’s licence” includes a driver’s licence issued by another jurisdiction. 2007, c. 13, s. 21.

Same

(22)  In this section and in section 172.1,

“motor vehicle” includes a street car, a motorized snow vehicle, a farm tractor, a self-propelled implement of husbandry and a road-building machine. 2009, c. 5, s. 51 (2).

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2 comments

  1. Sorry to double-post, but I’ve just seen another article. The RCMP partially-blurred a BMW X6’s licenceplace to be almost unrecognisable (BEP-6etc), saying that someone had travelled 216kph.

  2. It’s happening across the country. Every other day there’s an article in the news about the latest speeding charge. I believe it’s an attempt to publicly shame individuals as examples, the way they’ve done with other crimes (drink-drive, soliciting, child-seat conformance, etc). I’m told it was done when motorway speed limits were first introduced, but I can’t cite that.

    Odd that doesn’t require evidence of being “in a race or contest”, since the word “stunt” is in the dependent clause. Since stunt means anything “unusual or difficult”, the Lieutenant Governor must have defined it to mean something else.

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