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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:
| Description | Full Licence Driver | Novice Driver |
|---|---|---|
| The period the points stay on record from the date of the offence (not the date of the conviction) | 2 years | 2 years |
| You will receiving a notice (of warning letter) from the Ministry advising you of the number of points you have on record | 6, 7 or 8 points | 2, 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 cause | 9, 10, 11, 12, 13 or 14 points | 6, 7 or 8 points |
| Your driver’s licence will be suspended if you have | 15 or more points | 9 or more points |
| The first suspension, after giving notice, will be | 30 days | 60 days |
| If you fail to surrender your licence, it may be suspended for | 2 years | 2 years |
| The subsequent (within 2 years after the expiry of the prior suspension), after giving notice, will be | 6 months | 6 months |
| After the suspension, the demerit points will be reduced to | 7 points | 4 points |
Demerit Point Table
| Offence Under The Highway Traffic Act (HTA) | Short Description of Offence | Demerit Points |
|---|---|---|
| Section 200 | Failing to remain at scene of accident | 7 |
| Section 216 except where a suspension order is made under subsection 216 (3) | Driver failing to stop when signaled or requested by a police officer | 7 |
| Section 130 | Careless driving | 6 |
| Section 172 | Racing | 6 |
| Subsections 175 (11) and (12) | Failing to stop for school bus | 6 |
| Subsections 174 (1) and (2) | Driver of public vehicle or school bus failing to stop at railway crossings | 5 |
| Section 128 the rate if speed is exceeded by 50 km/h or more | Exceeding speed limit by 50 km/h or more | 6 |
| Section 128 the rate if speed is exceeded by 30 km/h or more and less than 50 km/h | Exceeding speed limit by 30 to 49 km/h | 4 |
| Section 128 the rate if speed is exceeded by more than 15 km/h and less than 30 km/h | Exceeding speed limit by 16 to 29 km/h | 3 |
| Section 164 | Driving through/around/under railway crossing barrier | 3 |
| 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 way | 3 |
| Subsections 136 (10) (a), 144 (14), (15), (16), (17), (18), (21), 146 (3), (4), 163, and legislation | Failing to obey a stop sign, signal light or railway crossing signal | 3 |
| Subsection 134 (1) | Failing to obey directions from a police officer | 3 |
| Subsection 134 (3) | Driving or operating a vehicle on a closed highway when it is prohibited | 3 |
| Subsections 199 (1) and (1.1) | Failing to report an accident | 3 |
| Subsection 148 (8), 149, 150 and 166 | Improper passing | 3 |
| Section 154 | Improper driving where the highway is divided into lanes | 3 |
| Section 158 | Following too closely | 4 |
| Section 162 | Crowding driver’s seat | 3 |
| Section 156 (1) (a) | drive wrong way – divided highway | 3 |
| Section 156 (1) (b) | Cross divided highway – no proper crossing provided | 3 |
| Section 153 | Wrong way in one way street or highway | 3 |
| Section 159 (1) (a) | Failing to stop on right for emergency vehicle | 3 |
| Section 159 (1) (b) | Failing to stop-nearest curb-for emergency vehicle | 3 |
| Section 159 (1) (c) | Failing to stop-nearest edge of roadway; – for emergency vehicle | 3 |
| Subsection 159 (2) | Failing to slow down and proceed with caution for emergency vehicle | 3 |
| Subsection 159 (3) | Failing to move into another lane for emergency vehicle – if safe to do so | 3 |
| Subsection 159 (4) | Following fire department vehicle to closely | 3 |
| Subsection 79 (2) | Motor vehicle equipped with or carrying a speed measuring device | 3 |
| Subsection 154.1 (3) | Improper use of high occupancy vehicle lane | 3 |
| Subsection 146.1 (3) | Failing to obey traffic control stop sign | 3 |
| Subsection 146.1 (4) | Failing to obey traffic control slow sign | 3 |
| Subsection 176 (3) | Failing to obey school crossing stop sign | 3 |
| Subsections (1), (2) and (3) | Failing to meet the duty of driver at pedestrian crossovers | 3 |
| Subsection 157 (1) | Backing on Highway | 2 |
| Subsections 148 (1), (2), (4), (5), (6) and (7) | Failing to share road | 2 |
| Subsections 141 (2) and (3) | Improper right turn | 2 |
| Subsections 141 (6) and (7) | Improper left turn | 2 |
| Subsections 142 (00, (2) and (8) | Failing to signal | 2 |
| Section 132 | Unnecessary slow driving | 2 |
| Section 168 | Failing to lower head ramp beam | 2 |
| Section 165 | Improper opening of vehicle door | 2 |
| Section 143 and Subsection 144 (9), by-laws | Prohibited turns | 2 |
| Section 160 | Towing of persons on toboggans, bicycles, skis, etc., prohibited | 2 |
| 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 belt | 2 |
| Subsection 106 (4) (a) (i) | Driving while passenger under 16 fails to occupy position with seat belt | 2 |
| Section 106 (4) (b) | Driving while child passenger not properly secured | 2 |
| Subsection 8 (2) of Reg. 613 | Driver failing to ensure infant passenger is secured as prescribed | 2 |
| Subsection 8 (3) of Reg. 613 | Driver failing to ensure toddler passenger is secured as prescribed | 2 |
| Subsection 8 (4) of Reg. 613 | Driver failing to ensure child passenger is secured as prescribed | 2 |
