Understanding Demerit Points in Ontario: What Drivers Need to Know

Driving in Ontario comes with a set of responsibilities, and understanding the demerit point system is crucial for all drivers. Whether you’re a new driver with a G1 or G2 license or a fully licensed G driver, accumulating demerit points can result in serious consequences. These points are assigned for violating various traffic laws and serve as a measure of your overall driving habits. The accumulation of too many points can lead to higher insurance rates, suspension of your driver’s license, or even other legal complications. This article will provide an in-depth explanation of how demerit points work in Ontario, common offences that result in points, and how they affect your driving record.

How Demerit Points Work in Ontario

Demerit points are part of Ontario’s system for tracking driving behavior. Each violation of traffic laws in Ontario carries a specific number of demerit points. These points accumulate on your driving record once you are convicted of the offence. The points serve as a way for the Ministry of Transportation (MTO) to evaluate how risky a driver is. The more points you accumulate, the higher the likelihood of facing penalties, including a warning letter, license suspension, or a permanent record that could affect your ability to drive.

Every Ontario driver starts with zero demerit points. As you violate traffic laws, the MTO assigns points based on the severity of the offence. For example, if you fail to stop for a school bus, you’ll receive six points, while speeding could result in anywhere from two to six points, depending on how much you exceeded the speed limit.

It’s important to note that demerit points are not added until you are convicted of the violation, which can happen either by pleading guilty and paying the fine or by being found guilty in court. If you decide to dispute the offence and win, no points will be added to your record.

Common Offences and Their Associated Demerit Points

Ontario’s traffic laws are comprehensive, with nearly 100 different offences listed under the Highway Traffic Act, and each carries a specific demerit point penalty. Some offences come with a higher number of points due to their severity, while others result in fewer points. Here are some of the most common traffic violations and their associated demerit points:

• Seven Points:
  • Leaving the scene of an accident
  • Failing to stop for a police officer
• Six Points:
  • Excessive speeding (over 50 km/h above the limit)
  • Stunt driving
  • Reckless driving
• Four Points:
  • Tailgating
  • Going 30 to 49 km/h over the speed limit
  • Improper use of a carpool lane
• Three Points:
  • Running a red light
  • Disobeying a stop sign or traffic control signal
  • Driving on a closed road
  • Texting or calling while driving
• Two Points:
  • Not wearing a seatbelt
  • Failure to stop at pedestrian crossings
  • Improper parking or stopping

These are just a few examples. It’s important to be aware of the penalties associated with various traffic violations, as they can accumulate quickly, leading to serious consequences for your driving privileges.

The Impact of Accumulating Demerit Points on Your Ontario Driving Record

Demerit points are a serious matter in Ontario, and accumulating too many points can lead to significant consequences. The Ontario Ministry of Transportation monitors your driving record and will intervene if you accumulate a certain number of points.

• Warning Letter: If you accumulate two to five points on your record, you will receive a warning letter from the MTO.
• Licence Suspension: If you accumulate six to eight points as a G1 or G2 driver, your driver’s license will be suspended. For G drivers, a suspension is possible once you reach 15 points.
• Increased Penalties: As you accumulate more points, the penalties become more severe. For example, nine to 14 points can result in a 30-day suspension for G drivers, and 15 points will automatically lead to a 30-day suspension.

If you accumulate more than 15 points on your Ontario driving record, your license may be suspended for 30 days. Additionally, you may be required to retake both your written and practical driving tests once your suspension period ends. The points on your record will also be reduced to seven after a suspension, but this reduction does not remove the conviction from your record.

How Long Do Demerit Points Stay on My Record?

In Ontario, demerit points stay on your driving record for two years from the date you were convicted of the offence. However, the offence itself will remain on your record for three years. This is important when you’re looking for insurance quotes or when the police run your record during a traffic stop. A conviction will be visible for three years, which may impact both your insurance rates and your ability to renew your driver’s license.

For example, if you receive a speeding ticket on May 1, 2021, resulting in two demerit points, those points will fall off your record on May 1, 2023. However, the conviction for the speeding violation will remain on your record until May 1, 2024.

What Happens if My Ontario Driver’s License Is Suspended?

If your license is suspended, the information will remain on your driving record for between 90 days to three years, depending on the severity of the offence. A suspension due to high demerit points typically lasts 30 days for G license holders, while a suspension due to criminal driving behaviour (e.g., driving under the influence) can last longer.

Additionally, your insurance premiums may increase if you have accumulated demerit points or if your license has been suspended. Insurance companies view drivers with a history of demerit points as high-risk, leading to higher premiums. This can affect your finances significantly if you don’t correct your driving habits.

How to Avoid Accumulating Demerit Points

The best way to avoid accumulating demerit points in Ontario is by driving responsibly. Here are some tips to help you stay on the right track and keep your driving record clean:

• Obey Speed Limits: Stick to the posted speed limits, especially in school zones or residential areas where speeding can result in hefty fines and demerit points.
• Never Use Your Phone While Driving: Texting and using your phone while driving are major distractions that can lead to a three-point violation.
• Stop for School Buses: Ensure that you stop when a school bus has its lights flashing and stop arm extended. Failing to do so results in six points on your record.
• Follow Safe Driving Practices: Always follow the rules of the road, stop at stop signs, yield to pedestrians, and never tailgate.

Safe driving not only helps you avoid accumulating points but also ensures that you contribute to the safety of everyone on the road.

Can I Fight a Traffic Ticket to Avoid Demerit Points?

Yes, you have the right to dispute a traffic ticket in Ontario. If you believe that you were wrongly convicted or that the ticket was issued in error, you can plead not guilty and request a trial. If the court finds in your favor, the demerit points will not be added to your record. However, fighting a ticket may involve hiring a lawyer, which can be costly. It’s important to weigh the potential costs of contesting a ticket versus paying the fine and accepting the demerit points.

If you decide to accept the ticket and pay the fine, you are effectively admitting guilt, and the demerit points will be added to your record.

Can Demerit Points Be Transferred from Other Provinces or States?

Yes, Ontario drivers are subject to demerit points even if they are convicted of an offence outside the province. In Canada, all provinces and territories share information about traffic violations, meaning that points incurred in other provinces will appear on your Ontario driving record. Additionally, drivers in Ontario may receive demerit points for violations committed in neighboring states such as New York or Michigan due to reciprocal agreements between Ontario and these states.

What Are Some Common Myths About Demerit Points in Ontario?

There are many misconceptions surrounding demerit points in Ontario. Some common myths include:

1. Myth 1: Paying the fine automatically removes demerit points: Paying a fine for a traffic violation does not remove demerit points; it only acknowledges guilt and results in the points being added to your record.

2. Myth 2: Points don’t matter if I have a G licence: Even if you hold a G licence, accumulating too many points can still result in a suspension and significant penalties.

3. Myth 3: Points disappear after one year: Points remain on your record for two years, while the conviction stays for three years.

Conclusion

Understanding the demerit point system in Ontario is crucial for maintaining a clean driving record and ensuring that you avoid penalties, including higher insurance rates or suspension of your driving privileges. By staying informed about traffic laws, following safe driving practices, and knowing the consequences of traffic violations, you can avoid accumulating demerit points and protect your driving record.

FAQs

1. How many points can I accumulate before my Ontario driver’s license is suspended? Your license can be suspended after accumulating 15 points, regardless of your licence class.

2. Do I have to pay the ticket if I want to avoid demerit points? Yes, paying the ticket is an admission of guilt and will result in demerit points being added to your record.

3. Can I remove demerit points from my record? No, demerit points are automatically removed after two years, but convictions stay on your record for three years.

4. Can out-of-province violations affect my Ontario driving record? Yes, Ontario drivers are subject to demerit points for violations committed in other provinces or states with reciprocal agreements.

5. What happens if I accumulate more than 15 points? If you accumulate more than 15 points, your license may be suspended, and you may be required to retake both your written and road tests.

6. How can I avoid accumulating demerit points in Ontario? Always drive safely, obey traffic laws, and avoid using your phone while driving to prevent accumulating points on your record.