A Retrospective on Recent Changes to Ontario Driving Laws

Ontario has enacted several changes to traffic legislation in recent years in an effort to make Ontario roads safer

Ongoing studies of accident reports, sponsored by the Government of Ontario, have identified the causal factors in car accidents and injuries.  These studies have been utilized in finding solutions to such problems as cycling accidents, large truck accidents, drinking and driving, and distracted driving, which result in serious injury and death for many Ontario residents each year. In response to their findings, Ontario has increased public education on these issues and also, enacted stiffer traffic laws and penalties for offenders.

One of the most significant changes effecting driver and passenger safety was in response to statistics that, many years ago, convincingly showed a strong correlation between a failure to wear seat belts and car accident fatalities. This information prompted the Ontario government to be the first province to mandate the wearing of seat belts in 1976.  Even today, however, some drivers and passengers do not buckle up despite evidence that they are far more likely to suffer severe injuries or death in the event of an accident.

More recently, Ontario laws have been enacted to address the following situations linked to a higher risk of car accidents and personal injury.

§  Street racing/Stunt driving:  In July 2006, the Government of Canada changed the Criminal Code in Bill-C19, to add new offences for street racing as well as a mandatory driving prohibition which increases for repeat offenders.  This law was a reaction to a proliferation of street racing in the 1990’s which resulted in a large number of deaths among drivers, bystanders and even, police. 

In Sept 2007, the Safer Roads for a Safer Ontario Act modified the Ontario Highway Traffic Act to define street racing as driving more than 50 km over a posted speed limit.  If charged, drivers face a seven day driver’s licence suspension and vehicle impoundment, and must appear before the Provincial Offences Court to have the racing charges dealt with.  If convicted, penalties can be severe, including a possible 6 months in jail, $2000-10,000 fine, 6 demerit points on your driver’s licence and a driver’s licence suspension of two years.

§  Blood Alcohol Content (BAC) warn range sanctions: Beginning May 1^st 2009, drivers caught in the ‘warn range’, with a BAC between .05 and .08, will immediately lose their licence for 3 to 30 days.   Repeat offenders face stiffer fines such as required attendance in an Alcohol Education program and an Ignition Interlock requirement.  Drivers who are required to have an Ignition Interlock device but are caught without one face additional sanctions.

§  Zero BAC for drivers 21 and under:  Effective August 1, 2010, drivers who are 21 and under will have their driver’s licence suspended if caught with any alcohol in their blood.  If convicted, young drivers face a 30 days driver’s licence suspension and a maximum $500 fine.

§  Distracted driving legislation: Effective September 1^st 2015, the Making Ontario Roads Safer Act (Bill 31) brought stiffer penalties for distracted driving, including a $490 fine and 3 demerit points on your driver’s licence. Novice drivers face a minimum 30 day suspension if convicted of distracted driving. 

Drivers in Ontario are not permitted to use any hand-held electronic communication devices or entertainment devices while driving.

§  Cycling safety: Bill 31 also brought changes to help protect Ontario cyclists from injury.  Motor vehicle drivers are required to give cyclists one meter space when passing, wherever possible, or they may be fined $110 ($180 in a community/school safety zone) and receive 2 demerit points on their driver’s licence.  Fines for dooring a cyclist are $365 in addition to 3 demerit points.

Cyclists whose bikes do not have proper lighting and reflective devices when cycling from a half hour before dusk to one half hour after dawn may be fined $110.

§  Speed limiters for large commercial trucks:  Ontario legislation taking effect in 2009 requires large trucks that were built since Jan 1, 1995, are equipped with an electronic control module and have a gross vehicle rating of 11,794 or more, to use an electronic speed limiter that caps their speed at 105 km/hr. This law was enacted both for the safety and environmental benefits associated with lower speeds.  A spokesman for the Ontario Ministry of Transportation, Bob Nichols, reported that there was an immediate drop of 24% in fatalities involving large trucks (and fatalities continue to remain lower) after speed limiters were mandated in Ontario on Jan 1^st, 2009, despite an almost 60 per cent increase in large trucks registered in Ontario.

§  Slow down and move over:  Since Sept 1^st 2015, Bill 31 requires motorists to slow down and move over into the next lane for any stopped emergency vehicles with their safety lights flashing, including tow trucks, ambulances, police cars and fire engines.  A violation of this law may result in a $490 fine and 3 demerit points.

§  Pedestrian Crossovers: Also effective since Sept 1^st, drivers must wait until pedestrians have entirely crossed the road at school crossings and pedestrian crossovers.

Although Ontario boasts among the safest roads in the world, people continue to be injured or killed in car accidents every day.   A repeat finding in accident reports released by the Office of the Chief Coroner of Ontario and the OPP is that most of these car accidents are preventable and resulted from a careless act or negligent driving.   This conclusion applies to cycling accidents, car and truck accidents and pedestrian fatalities.

The Injury Lawyers of Ontario (ILO) are an association of highly respected and knowledgeable car accident lawyers, representing accident victims in most Ontario communities.  If you or a family member were injured in any type of motor vehicle accident, call an experienced ILO lawyer to find out whether you have a compelling case for injury compensation.  ILO lawyers have strong connections and contacts with medical and law enforcement professionals in their communities and can offer frank advice on your options, based on your unique situation.