Updates to Traffic Management, 5th Edition (August 2023)
Please note in blue the following updates to information appearing in the first printing of Traffic Management, 5th Edition:
Chapter 3 / Licences and Permits
An M1 licence lasts for a minimum of 60 days and is valid for only 90 days. This means that the licence holder cannot take the road test for the M2 for at least 60 days from the date that the M1 was issued, but they can move directly to Class M2 without a road test if they have successfully completed a motorcycle safety course. If they have not completed this course, then the licence holder must take the test within 90 days; if he or she does not, the licence holder must apply for an M1 licence again.
Chapter 4 / Rules of the Road
Drag racing and other types of motor vehicle racing or stunt driving—or betting or wagering on any of these activities—are all offences under the HTA, provided that the activities take place on a highway or any specified place that can include a parking lot, beach, park, bike path or trail, farm field or sports field.
stunt driving in a mall parking lot would not constitute an offence under the HTA. The activities that make up racing under the HTA are broadly defined….
7. Driving a motor vehicle at a rate of speed that is 40 kilometres per hour or more over the speed limit, if the speed limit is less than 80 kilometres per hour.
7.0.1 Driving a motor vehicle at a rate of speed that is 50 kilometres per hour or more over the speed limit, if the speed limit is 80 kilometres per hour or more.
7.1 Driving a motor vehicle at a rate of speed that is 150 kilometres per hour or more.
Stunt driving under the HTA also includes driving at speeds in excess of 40 km/h on a highway with a speed limit of less than 80 km/h, speeding 50 km/h over the posted speed limit on highways with a speed limit of 80 km/h or more, or traveling at more than 150 km/h above the speed limit. Even though these restrictions seem straightforward, there have been legal challenges. In R v Raham….
A conviction for the offence of racing carries a fine of between $2,000 and $10,000, six demerit points, and/or imprisonment of up to six months. In addition, a driver’s licence may be suspended for not less than one year and no more than 3 years on a first offence, and for up to 10 years on a second offence committed within 10 years of the first offence. Further, where a police officer believes that the offence of racing has been committed, the officer shall require surrender of the driver’s licence and shall detain the motor vehicle in order to enforce an immediate mandatory thirty-day suspension of the licence and impoundment of the motor vehicle for 14 days. There is no appeal of the thirty-day suspension/impoundment, the purpose of which is to prevent repetition of the offences while current charges are pending. Drivers convicted of stunt driving must also complete a driver improvement course, or they will have their licence cancelled.
Previous version: Despite the Ontario Human Rights Commission’s argument that the helmet requirement is discriminatory, Ontario’s Attorney General indicated that the province has no plans to change the legislation at present.
Updated version: The province subsequently updated the legislation; anyone driving a motorcycle or motor assisted bicycle is no longer required to comply with section 104(1) if they hold a valid Class M1, M2, or M licence, are 18 years of age or older, practice the Sikh religion, have unshorn hair, habitually wear a turban and, at the time of driving, are wearing a turban (O. Reg. 446/18).