What counts as stunt driving in Ontario?
Stunt driving is driving at extreme speed or in a deliberately dangerous way, as defined in Ontario Regulation 455/07. It is charged under section 172 of the Highway Traffic Act, the same section as street racing, and both carry the same penalties.
Most people picture speed, but the regulation also lists a long run of behaviours that count on their own, at any speed.
Extreme speed
- 40 km/h or more over a limit under 80 km/h
- 50 km/h or more over a limit of 80 km/h or higher
- 150 km/h or more on any road
Stunts and aggressive moves
- Trying to lift tires off the road, including wheelies
- Making the tires lose traction while turning, such as burnouts and drifting
- Spinning or circling the vehicle without control
- Staying in the oncoming lane longer than needed to pass
- Deliberately blocking another vehicle from passing
- Stopping or slowing down to cut off another vehicle
- Driving as close as possible to another vehicle, pedestrian or object without reason
- The “Toronto left”: jumping a left turn on a fresh green ahead of oncoming traffic
- Driving with a person in the trunk, or while not in the driver’s seat
Street racing
- Two or more vehicles well over the limit in a way that shows they are competing
- Chasing another vehicle
- Weaving through traffic at high speed with repeated close lane changes
What speed is stunt driving in Ontario?
It depends on the posted limit. Under 80 km/h, the line is 40 km/h over. At 80 km/h and above, it is 50 km/h over. And anywhere at all, 150 km/h or more is stunt driving.
| Posted limit | Stunt driving at | How far over that is |
|---|---|---|
| 40 km/h | 80 km/h or more | 40 km/h over |
| 50 km/h | 90 km/h or more | 40 km/h over |
| 60 km/h | 100 km/h or more | 40 km/h over |
| 70 km/h | 110 km/h or more | 40 km/h over |
| 80 km/h | 130 km/h or more | 50 km/h over |
| 90 km/h | 140 km/h or more | 50 km/h over |
| 100 km/h | 150 km/h or more | 50 km/h over |
| 110 km/h | 150 km/h or more | 40 km/h over (the 150 km/h rule applies first) |
The last row catches people out. On a highway posted at 110 km/h, 150 km/h is only 40 over, and it is still stunt driving.
Is it a stunt driving charge or a speeding ticket?
At these speeds, police can lay a stunt driving charge instead of a speeding ticket, and the penalties are far heavier.
| What you face | Stunt driving (HTA s.172) | Speeding 50+ over (HTA s.128) |
|---|---|---|
| Fine | $2,000 to $10,000, up to 6 months in jail, or both | Rises with each km/h over the limit, plus court costs and a victim fine surcharge |
| Licence suspension on conviction | At least 1 year on a first conviction | The court may suspend for up to 30 days (first), 60 days (second within 5 years) or 1 year (third or later within 5 years) |
| Demerit points | 6, recorded even when the court also suspends the licence | 6, but none are recorded if the court suspends the licence |
For tickets below the stunt line, the speeding ticket guide sets out the points and fines band by band.
How long is your licence suspended at the roadside for stunt driving?
For 30 days, starting on the spot, and the vehicle is impounded for 14 days. Both happen before you have been convicted of anything, and neither can be appealed.
The suspension applies whether or not you hand over the card. The impoundment applies to the vehicle you were driving, so a borrowed car, a parent’s SUV or a work vehicle goes to the pound just the same, at its owner’s expense.
Roadside measures
- Imposed by police at the stop
- 30-day licence suspension
- 14-day vehicle impoundment
- No appeal and no hearing
- Not a conviction, and no demerit points
Conviction
- Only if you are found guilty or plead guilty
- A fine, jail, or both
- Suspension of at least 1 year
- 6 demerit points on a full licence
- A mandatory driver improvement course
What are the penalties for a stunt driving conviction in Ontario?
A first conviction means a fine of $2,000 to $10,000 or up to six months in jail (or both), a licence suspension of at least one year, 6 demerit points and a mandatory driver improvement course. Each further conviction lengthens the suspension, up to a lifetime ban.
| Conviction | Licence suspension | Fine, jail and points |
|---|---|---|
| First | At least 1 year, and the court can order up to 3 years | $2,000 to $10,000, up to 6 months in jail, or both; 6 demerit points |
| Second | At least 3 years, and up to 10 years | Same fine and jail range; 6 more demerit points |
| Third | Lifetime, which may be reduced after 10 years in certain circumstances | Same fine and jail range; 6 more demerit points |
| Fourth or later | Lifetime, with no reduction | Same fine and jail range; 6 more demerit points |
It is the conviction, not the charge, that adds the offence and its points to your record. For what a sentence is likely to look like in your case, a lawyer or paralegal is the right person to ask.
How many demerit points is stunt driving in Ontario?
Six on a full licence. Ontario Regulation 339/94 lists section 172 offences under one name, “Racing”, worth 6 points, and that covers stunt driving too. On a novice licence the points are recorded as zero, because the novice suspension applies instead.
Those points are unusual in one way. For most offences, when a court suspends your licence as part of the sentence, no demerit points are recorded. Stunt driving is one of the few exceptions, along with handheld device and display screen offences, so a fully licensed driver gets the suspension and the 6 points.
| Licence | How the points count | What follows |
|---|---|---|
| Full licence (for example G or M) | All 6 go into your total: 6 to 8 points brings a warning letter | At 9 points, a second warning, and you may be called to an interview. At 15 points, a 30-day suspension |
| Novice licence (G1, G2, M1, M2, M1-L, M2-L) | Recorded as zero, so they do not count toward your total | The novice suspension applies instead: 30 days for a first offence, 90 days for a second, and the licence is cancelled on a third |
On a full licence, any points you already carry are added on top. If you are not sure of your current total, the guide to checking your demerit points explains where it appears, and the Ontario demerit points chart lists every offence. The number itself is printed on your Ontario drivers abstract.
Does stunt driving show on your Ontario driving record?
Yes. A stunt driving conviction is listed on your 3-year driver record with its conviction date and points, along with the conviction suspension and, later, your reinstatement.
The 3-year record covers Highway Traffic Act and Criminal Code convictions, suspensions and reinstatements from the past three years, plus your demerit point total and licence status. A stunt driving case can touch every one of those.
What the 3-year record can list after stunt driving
- The section 172 conviction and its conviction date
- The demerit points: 6 on a full licence, recorded as zero on a novice licence
- The licence suspension that comes with the conviction
- Your licence status, shown as suspended while a suspension runs
- The reinstatement, once your licence is restored
What it does not show
- A charge that has not ended in a conviction
- Stunt points in your total once two years have passed since the offence
- Convictions from more than three years back
The roadside suspension is the grey area. It is not a conviction, but the record lists suspensions from the past three years, and the only ones Ontario says are left off are expired medical suspensions. How yours reads is something you only learn by looking at your own copy.
The conviction still counts for 10 years toward a repeat-offence penalty, even after it leaves your 3-year record. The guide to how long convictions stay on your record covers the time limits in detail. To see what is on yours now, get your driving record online.
How does a stunt driving conviction affect your insurance?
Badly. Ontario itself warns that drivers convicted of stunt, aggressive or careless driving will see a substantial increase in their insurance rates or could become uninsurable.
The standard Ontario auto insurance application asks for every conviction from the last 3 years, the same window your 3-year record covers. It also asks whether any licence in the household has been suspended or cancelled in the last 6 years, and a stunt driving case involves at least one suspension, starting at the roadside.
Ontario’s insurance regulator, FSRA, describes high-risk drivers as those with many convictions or at-fault accidents. They pay higher rates and may end up with the Facility Association, the insurer of last resort, which costs a lot more. One insurer can turn a high-risk driver down, but the industry as a whole cannot refuse to sell basic insurance.
Premiums for the same driver differ between insurers, so get several quotes after a conviction. Expect insurers and brokers to ask about your record, and the drivers abstract for insurance page covers how they use it.
What should you do after a stunt driving charge?
Stay off the road, take the court date seriously, and get a copy of your record so you know what you are working with. Then check it again once the case is over.
Do not drive during the roadside suspension
Driving while suspended brings fines in the thousands, up to six months in jail and six months added to your suspension, and the vehicle can be impounded.
Deal with the charge, do not ignore it
The court process is separate from the roadside measures and decides whether a conviction is entered. A lawyer or paralegal can advise you on your options.
Pull your record now
Your record shows your current point total and any convictions and suspensions from the past three years, which is useful to bring to a lawyer or paralegal. Order your 3-year driver record and it arrives instantly by email.
If convicted, plan the way back
Complete the driver improvement course and pay the reinstatement fee that applies after a suspension. Leaving it unpaid can get the licence cancelled. A full licence suspended for 1 to 3 years needs an eye test to return, 3 to 10 years means the written, eye and both road tests, and over 10 years means reapplying as a new driver.
Check the record again once it is resolved
Confirm what was entered: the conviction, the points, the suspension and, later, the reinstatement. That is what an insurer or employer will see.
If an insurer or employer has asked for your record, send them a current one rather than an old copy. You can order your driving abstract online in one short form, and the licence status guide explains what each status result means.
Frequently asked questions
Is stunt driving a criminal offence in Ontario?
Stunt driving itself is an offence under section 172 of the Highway Traffic Act, Ontario’s provincial traffic law, not the Criminal Code. The same driving can still lead to separate criminal charges, such as dangerous driving, and a lawyer or paralegal can advise on a specific case.
Is 40 over on the highway stunt driving?
On a 100 km/h highway, not by speed alone: the line there is 50 km/h over, which is 150 km/h, though 40 over is still a speeding offence worth 4 demerit points on conviction. On a 110 km/h highway it is stunt driving, because 150 km/h or more counts on any road.
I was driving a friend’s car. Who pays for the impound?
The owner. The vehicle is impounded for 14 days at the owner’s cost, even when the owner was not the one driving.
Can I appeal the roadside suspension or the impoundment?
No. The Highway Traffic Act gives no appeal or hearing for the roadside licence suspension or the impoundment. The charge itself is decided separately in court, and a lawyer or paralegal can advise you on it.
Does an old stunt driving conviction count against me on a new one?
Yes, for 10 years. A new conviction counts as a first conviction only if it comes more than 10 years after the previous one, so an earlier conviction can raise the penalty long after it has left your 3-year record.
Will a racing conviction in another province affect my Ontario licence?
It can. Racing is one of the out-of-province traffic offences that Ontario says add demerit points to an Ontario licence, for convictions in other provinces and territories, New York and Michigan.
Will an employer see a stunt driving charge on my record?
Not as a conviction. The offence and its points are only added once you are convicted, and from then on they appear on the 3-year record an employer can ask you for. The record also lists suspensions from the past three years, so check your own copy to see how the roadside suspension reads.
How can I see my driving record right now?
Order your 3-year Ontario driver record online. It costs $39.99 and the PDF arrives by email instantly after payment. Occasional delays can occur.
Sources: Highway Traffic Act, section 172 (racing and stunt driving: roadside suspension, impoundment, fines, jail and conviction suspensions) and section 128 (speeding fines and suspensions); Ontario Regulation 455/07 (Races, Contests and Stunts); Ontario Regulation 339/94 (Demerit Point System); the Ministry of Transportation’s guidance on speeding and aggressive driving, demerit points and licence reinstatement, and its description of the 3-year driver record; the MTO Driver’s Handbook; FSRA guidance on auto insurance rates and high-risk drivers; R.R.O. 1990, Regulation 664 under the Insurance Act (Automobile Insurance); and the Ontario Application for Automobile Insurance (OAF 1). This guide is general information, not legal advice.