skip to Main Content

DEMERIT POINT SYSTEM

It is a common misconception that if you are convicted for specific traffic offences under the Highway Traffic Act, you will “lose” points. More accurately, you will accumulate demerit points.

It is a common misconception that if you are convicted for specific traffic offences under the Highway Traffic Act, you will “lose” points. More accurately, you will accumulate demerit points.

All drivers start at zero points. The points on your record are the total demerit points acquired as a result of offences committed within any two year period.

The Demerit Points System may provide for the cancellation or suspension of a drivers licence. You may be required to attend an interview or group session with an official of the Ministry and/or provide written information to the Ministry when you accumulate too many points to show cause why your licence should not be cancelled or suspended.

This interview may be held in person, by telephone or other electronic means, as specified by the Ministry. Payment of fees may also be required for the attendance at an interview or group session or for providing written information under this system.

The following will be considered by the Ministry when adding points to your record:

  • If a person is convicted of an offence and the penalty imposed by the court includes a period of licence suspension, no demerit points shall be recorded.
  • If a person is convicted of two or more offences and the penalty imposed by the court does not include a period of licence suspension, demerit points shall only be recorded for the conviction carrying the greatest number of points.
  • If a resident of Ontario is convicted in another province or territory of Canada or in certain states of the United States of America, the Registrar may record the demerit points for the conviction as if the conviction had been entered in Ontario for the equivalent offence.

Demerit Points System

The following table gives you a summary of how the Demerit Point System works:

DescriptionFull Licence DriverNovice Driver
The period the points stay on record from the date of the offence (not the date of the conviction)2 years2 years
You will receiving a notice (of warning letter) from the Ministry advising you of the number of points you have on record6, 7 or 8 points2, 3, 4 or 5 points
You may have to attend an interview to discuss your record and give reasons why your driver’s licence should not be suspended. Your driver’s licence may be suspended if you do not attend, comply with the requirement or show cause9, 10, 11, 12, 13 or 14 points6, 7 or 8 points
Your driver’s licence will be suspended if you have15 or more points9 or more points
The first suspension, after giving notice, will be30 days60 days
If you fail to surrender your licence, it may be suspended for2 years2 years
The subsequent (within 2 years after the expiry of the prior suspension), after giving notice, will be6 months6 months
After the suspension, the demerit points will be reduced to7 points4 points

Demerit Point Table

Offence Under The Highway Traffic Act (HTA)Short Description of OffenceDemerit Points
Section 200Failing to remain at scene of accident7
Section 216 except where a suspension order is made under subsection 216 (3)Driver failing to stop when signaled or requested by a police officer7
Section 130Careless driving6
Section 172Racing6
Subsections 175 (11) and (12)Failing to stop for school bus6
Subsections 174 (1) and (2)Driver of public vehicle or school bus failing to stop at railway crossings5
Section 128 the rate if speed is exceeded by 50 km/h or moreExceeding speed limit by 50 km/h or more6
Section 128 the rate if speed is exceeded by 30 km/h or more and less than 50 km/hExceeding speed limit by 30 to 49 km/h4
Section 128 the rate if speed is exceeded by more than 15 km/h and less than 30 km/hExceeding speed limit by 16 to 29 km/h3
Section 164Driving through/around/under railway crossing barrier3
Subsections 135 (2) and (3), 136 (1) (b), 136 (2), 138 (1), 139 (1), 141 (5), 144 (7), (8), (21)failing to yield right of way3
Subsections 136 (10) (a), 144 (14), (15), (16), (17), (18), (21), 146 (3), (4), 163, and legislationFailing to obey a stop sign, signal light or railway crossing signal3
Subsection 134 (1)Failing to obey directions from a police officer3
Subsection 134 (3)Driving or operating a vehicle on a closed highway when it is prohibited3
Subsections 199 (1) and (1.1)Failing to report an accident3
Subsection 148 (8), 149, 150 and 166Improper passing3
Section 154Improper driving where the highway is divided into lanes3
Section 158Following too closely4
Section 162Crowding driver’s seat3
Section 156 (1) (a)drive wrong way – divided highway3
Section 156 (1) (b)Cross divided highway – no proper crossing provided3
Section 153Wrong way in one way street or highway3
Section 159 (1) (a)Failing to stop on right for emergency vehicle3
Section 159 (1) (b)Failing to stop-nearest curb-for emergency vehicle3
Section 159 (1) (c)Failing to stop-nearest edge of roadway; – for emergency vehicle3
Subsection 159 (2)Failing to slow down and proceed with caution for emergency vehicle3
Subsection 159 (3)Failing to move into another lane for emergency vehicle – if safe to do so3
Subsection 159 (4)Following fire department vehicle to closely3
Subsection 79 (2)Motor vehicle equipped with or carrying a speed measuring device3
Subsection 154.1 (3)Improper use of high occupancy vehicle lane3
Subsection 146.1 (3)Failing to obey traffic control stop sign3
Subsection 146.1 (4)Failing to obey traffic control slow sign3
Subsection 176 (3)Failing to obey school crossing stop sign3
Subsections (1), (2) and (3)Failing to meet the duty of driver at pedestrian crossovers3
Subsection 157 (1)Backing on Highway2
Subsections 148 (1), (2), (4), (5), (6) and (7)Failing to share road2
Subsections 141 (2) and (3)Improper right turn2
Subsections 141 (6) and (7)Improper left turn2
Subsections 142 (00, (2) and (8)Failing to signal2
Section 132Unnecessary slow driving2
Section 168Failing to lower head ramp beam2
Section 165Improper opening of vehicle door2
Section 143 and Subsection 144 (9), by-lawsProhibited turns2
Section 160Towing of persons on toboggans, bicycles, skis, etc., prohibited2
Subsection 182 (2)Failing to obey signs prescribed by regulation under subsection 182 (1)2
Subsection 106 (2)Driver failing to properly wear a seat belt2
Subsection 106 (4) (a) (i)Driving while passenger under 16 fails to occupy position with seat belt2
Section 106 (4) (b)Driving while child passenger not properly secured2
Subsection 8 (2) of Reg. 613Driver failing to ensure infant passenger is secured as prescribed2
Subsection 8 (3) of Reg. 613Driver failing to ensure toddler passenger is secured as prescribed2
Subsection 8 (4) of Reg. 613Driver failing to ensure child passenger is secured as prescribed2
Back To Top