TRAFFIC TICKETS: DEMERIT POINTS SYSTEM
This is an overview of Ontario demerit point system for your information but please note that it’s an unofficial version.
No doubts, you know that traffic violation convictions usually come with demerit points against your licence. Drivers convicted of certain driving-related offences have demerit points recorded on their records. It is a common misconception that drivers “lose” points due to convictions for certain traffic offences. In fact, a driver begins with zero demerit points and accumulates demerit points for convictions. Demerit points stay on your record for 2 years from the offence date. If you collect enough points, you can lose your driver’s licence.
In the Regulation 339/94 of the Highway Traffic Act, “accumulated demerit points” means the total demerit points in a person’s record acquired as a result of offences committed within any period of two years. “Conviction” includes a plea of guilty or a finding of guilt.
If a resident of Ontario is convicted or forfeits bail in another province or territory of Canada or in one of the states of the United States of America for an offence that, in the opinion of the Registrar, is in substance and effect equivalent to an offence for which demerit points would be recorded upon conviction in Ontario, the Registrar may record the demerit points for the conviction as if the conviction had been entered or the bail forfeited in Ontario for the equivalent offence.
Although, the demerit points have no direct impact on insurance rate they can affect it indirectly. Insurance rates and eligibility are typically measured by the number of tickets received in recent years.
Driver’s licence/license suspension
The demerit points are used by the Ministry of Transportation of Ontario to determine licence suspensions due to repeated traffic violations. Ontario allows the suspension of driver’s licenses for child support arrears through the FRO; job loss, and any other reasonable excuses, including the need for a licence to work, are routinely ignored, and you can expect to be jailed for up to 6 months immediately following your licence suspension. If caught driving with a suspended license, the vehicle you are driving will be impounded for 7-days.
If a person is convicted of an offence or two or more offences arising out of the same circumstances 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 arising out of the same circumstances 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.
Demerit Point System
(The Regulation 339/94 of the Highway Traffic Act)
| Demerit points | Offence |
| 7 Points |
|
| 6 Points |
|
| 5 Points |
|
| 4 Points |
|
| 3 Points |
|
| 2 Points |
|
Demerit Points and New Drivers
- As a Class G1, G2, M1 or M2 driver, if you get two or more demerit points, you will be sent a warning letter.
- At six points, you may have to go to an interview to discuss your record and give reasons why your licence should not be suspended. If you don’t attend, your licence may be suspended.
- At nine points, your licence will be suspended for 60 days from the date you surrender it to the Ministry of Transportation. You can lose your licence for up to two years if you fail to surrender your licence. A driver’s licence may be surrendered at any ServiceOntario Driver and Vehicle Licence Issuing Office, ServiceOntario College Park Driver and Vehicle Licence Issuing Office, or mailed to:
- DriveTest Centres do not accept surrendered licences for suspension purposes.
- After the suspension, the number of points on your record will be reduced to four. Any additional points could again bring you to the interview level. If you reach nine points again, your licence can be suspended for six months from the date you surrender it to the Ministry of Transportation.
- Note: If you are a novice driver and are convicted of violating any novice condition or a Highway Traffic Act offence which carries 4 or more demerit points or receive a court-ordered suspension for an offence that would have resulted in 4 or more demerit points, you will receive the appropriate penalty under the Novice Driver Escalating Sanctions program. However, no demerit points will be applied to your record or be counted towards your demerit point total
Demerit Points and Fully Licensed Drivers
- As a fully licensed driver, if you get 6 demerit points, you will be sent a warning letter.
- At 9 points, you may have to go to an interview to discuss your record and give reasons why your licence should not be suspended. If you don’t attend, your licence may be suspended.
- At 15 or more points, your licence will be suspended for 30 days from the date you surrender it to the Ministry of Transportation for the first suspension. You can lose your licence for up to two years if you fail to surrender your licence. A driver’s licence may be surrendered at any ServiceOntario Driver and Vehicle Licence Issuing Office, ServiceOntario College Park Driver and Vehicle Licence Issuing Office, or mailed to:
- DriveTest Centres do not accept surrendered licences for suspension purposes.
- After the suspension, you may be required to complete a driver re-examination (vision, knowledge and road tests). If you successfully fulfill your requirements you will have your driver’s licence reinstated and the number of points on your record will be reduced to seven. Any extra points could again bring you to the interview level. If you reach 15 points again, your licence will be suspended for six months.
- If you receive a conviction for an offence committed while a novice driver that is eligible for sanctions under the novice driver escalating sanctions program but you now hold a full class G driver’s licence, you will be required to serve the following:
- 30-day licence suspension for the first occurrence;
- 90-day licence suspension for the second occurrence; and
- 90-day licence suspension for the third occurrence.
Demerit Points for Out-of-Province Convictions
- Drivers convicted of a driving related offence in the State of New York, the State of Michigan or any Canadian province or territory, will have home jurisdictional penalties such as demerit points and/or suspensions applied to their Ontario driver record as if the offence occurred in Ontario.
- Examples of out-of-province convictions where Ontario demerit points and /or suspensions will be applied include:
| Traffic | Criminal |
|
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The Ontario Registrar of Motor Vehicles is required to keep these records under Section 205 of the Highway Traffic Act and may use them for the purposes of administering the Ministry’s Demerit Point System. Inquiries should be directed to:
Licensing Administration Office Ministry of Transportation Main Floor, Building A 2680 Keele Street Downsview, ON M3M 3E6 Tel: 416-235-2999 or 1-800-387-3445
