Earlier this month, Ontario’s law changed in regard to the rate of speed one can drive in certain zones before it will be considered stunt driving.
Previously, stunt driving was defined as driving 50 km/h or more above the posted speed limit. However, with the introduction of the Moving Ontarians More Safely Act (“MOMS”), and the passing of Bill 282, this has changed. Now, where the speed limit is less than 80 km/h, you can be charged with stunt driving for going 40 over that speed limit. The government’s aim for the MOMS Act was to protect young drivers and vulnerable road users.
The offence is found in section 172 of the HTA. Section 172 states that no person shall drive a motor vehicle on a roadway in a race or contest, while performing a stunt or on a bet or wager. Section 172(23)(c) provides the Ontario government authority to make regulations which define relevant terms including what it means to be performing a “stunt”.
Even though section 172 of the HTA establishes the offence, the definitions for stunt driving can be found in Ontario Regulation 455/07. On July 1, 2021, section 3(7) of the regulation was amended to say that “stunt” includes any activity where a person or people engage in driving behaviours such as, (1) driving a motor vehicle at a rate of speed that is 40 km/h or more over the speed limit, if the speed limit is less than 80 km/h, (2) driving a motor vehicle at a rate of speed that is 50 km/h or more over the speed limit, if the speed limit is 80 km/h or more and (3) driving a motor vehicle at a rate of speed that is 150 km/h or more. So, this means if you are driving 70 km/h in a community safety zone where the posted limit is 30 km/h, you will now be considered to be performing a stunt.
Any person who has been found guilty of this offence is liable to a fine between $2,000 and $10,000 or to imprisonment for a term of not more than six months, or both. Your licence will also be suspended if you are convicted, from one year through to a lifetime ban. You should also be forewarned that the police can seize and impound your car at the roadside – leading to hefty impound fees, to boot.
Whether you or someone you know has been charged with stunt driving, contact us at DeMelo Law for a free consultation.
