How demerit points work…
Contrary to what people normally believe, you gain demerit points as oppose to “lose” demerit points on your driving record. You start with zero points and with each conviction of a particular traffic law, you gain points. Demerit points stay on your record for a period of two years from the offence date. If you collect enough points, you can lose your driver’s licence.
Each province has a Highway Traffic Act that includes a speeding offence. In Ontario it is found under s.128. As a general rule – the amount of fine and sentence depends on how fast over the posted limit a driver was going when the police stop them. As well drivers are issued demerit points and the demerit point system works as follows:
- A driver begins with 0 demerit points.
- If a driver is convicted for a speed of 16 to 29 km over the limit = 3 demerit points.
- If a driver is convicted for a speed of 30-49 km over the limit = 4 demerit points.
- If a driver is convicted for a speed of 50km + over the limit = 6 demerit points.
- At 6 demerit points a warning letter from the Ministry of Transportation Ontario is issued to the driver.
- At 9 demerit points to 15 demerit points, the Ministry of Transportation Ontario (MTO) calls the driver in for an interview. Here the driver is asked why he/she speeds and the MTO can order the driver:
- to go for driving lessons (the driver must pay for this expense),
- or suspend the driver’s license until the lessons are completed or with added conditions,
- or they can suspend the driver if he/she does not appear for the interview.
- At 15 or more demerit points in Ontario the driver’s license is suspended for 30 days from the date of surrender for the first suspension and then up to 2 years if the driver fails to surrender his/her license
- After the suspension, the MTO can optionally order the driver to complete a driver re-examination including vision, knowledge and road testing.
- NOTE: Demerit points stay on your driving record (abstract) for 3 years from the date of conviction
You can surrender a licence in the following two ways:
- in-person at any ServiceOntario Centre
- by mailing your licence to:Ministry of Transportation
Driver Improvement Office
2680 Keele Street
Downsview, ON M3M 3E6
Demerit points for driving offences.
Seven points
- Failing to remain at the scene of a collision
- Failing to stop for police
Six points
- Careless driving
- Racing
- Exceeding the speed limit by 50 km/h or more
- Failing to stop for a school bus
Five points
- Driver of bus failing to stop at unprotected railway crossing
Four points
- Exceeding the speed limit by 30 to 49 km/h
- Following too closely
Three points
- Exceeding the speed limit by 16 to 29 km/h
- Driving through, around or under a railway crossing barrier
- Failing to yield the right-of-way
- Failing to obey a stop sign, traffic light or railway crossing signal
- Failing to obey traffic control stop sign
- Failing to obey traffic control slow sign
- Failing to obey school crossing stop sign
- Failing to obey the directions of a police officer
- Driving the wrong way on a divided road
- Failing to report a collision to a police officer
- Improper driving where road is divided into lanes
- Crowding the driver’s seat
- Going the wrong way on a one-way road
- Driving or operating a vehicle on a closed road
- Crossing a divided road where no proper crossing is provided
- Failing to slow and carefully pass a stopped emergency vehicle
- Failing to stop at a pedestrian crossing
- Failing to move, where possible, into another lane when passing a stopped emergency vehicle
- Driving a vehicle that is equipped with or carrying a speed measuring warning device (such as a radar detector)
- Improper use of a high-occupancy vehicle (HOV) lane
Two points
- Failing to lower headlight beam
- Improper opening of a vehicle door
- Prohibited turns
- Towing people – on toboggans, bicycles, skis, for example
- Failing to obey signs
- Failing to share the road
- Improper right turn
- Improper left turn
- Failing to signal
- Unnecessary slow driving
- Reversing on a highway
- Driver failing to wear a seatbelt
- Driver failing to ensure infant passenger is secured
- Driver failing to ensure toddler passenger is secured
- Driver failing to ensure child is secured
- Driver failing to ensure passenger under 16 years is wearing seatbelt
- Driver failing to ensure passenger under 16 years is occupying a position with a seatbelt