Street racing has become an increasingly pressing issue in Ontario, posing significant risks to participants and public safety. The introduction of the Moving Ontarians More Safely Act (MOMS Act) in July 2021 has strengthened the Ontario street racing law, aiming to reduce these dangerous incidents.
Whether you’re a driver or a concerned citizen, understanding what a street racing charge in Ontario entails is crucial. That’s why X-COPS is here to provide you with a comprehensive overview of the street racing Ontario laws, the stiff penalties associated with breaking them, and what to do if charged.
What is Street Racing in Ontario?
In Ontario, street racing is defined under the Highway Traffic Act as any form of “race” or “contest” between drivers. Specifically, it involves one or more individuals engaging in driving where at least two vehicles are operated at speeds much higher than the legal limit in a way that clearly shows they are in competition with one another. This definition captures both organized races and spontaneous contests that may occur on public roads.
The regulation of street racing falls under the larger umbrella of stunt driving charge in Ontario as defined by Section 172 of the Highway Traffic Act.
What is Considered Street Racing in Ontario?
In Ontario, street racing tickets encompass various activities considered dangerous and covered under the stunt driving provisions of the Highway Traffic Act. Here is a list of activities that can lead to a street racing charge in Ontario:
- Competitive speeding (speed racing): Engaging in driving where two or more motor vehicles are travelling at speeds that greatly exceed the lawful limit, suggesting a competitive nature among the drivers.
- Vehicle chasing: Operating a motor vehicle in a manner that shows an intent to chase another motor vehicle, often at high speeds.
- Excessive speeding: Driving at a rate that is a marked departure from the lawful speed limit, potentially endangering people or property.
- Outdistancing other vehicles: Trying to significantly surpass one or more vehicles by travelling at a speed that is much higher than normal traffic flow.
- Aggressive lane changes: Repeatedly switching lanes close to other vehicles at high speeds to move ahead through the normal traffic flow.
These activities are subject to strict penalties under Ontario’s stunt driving laws.
Ontario Street Racing Speed Limit
In Ontario, there isn’t a specific speed limit designated for street racing because engaging in street racing itself is illegal and constitutes a serious offence under the Highway Traffic Act. The HTA prohibits driving at speeds that are a marked departure from the lawful rate of speed, which includes any speed that endangers public safety.
However, the speed limits specified under stunt driving regulations provide context for understanding the severity of high-speed driving offences.
Under stunt driving regulations in Ontario:
- Driving 40 km/h over speed limit on roads with a speed limit of less than 80 km/h or driving 50 km/h or more over the speed limit on roads with a speed limit of 80 km/h or more constitutes stunt driving.
- Additionally, drivers caught driving 150 km/h or more are subject to stunt driving charges, regardless of the posted speed limit.
Penalties for Street Racing Charge in Ontario
In Ontario, the penalties for those found guilty of stunt driving or speed racing are severe and have been structured to act as a strong deterrent against such dangerous driving behaviours. So, if you were to get caught racing you would receive:
- 6 demerit points
- Immediate 30-day licence suspension (effective from the moment of the charge)
- Immediate motor vehicle impoundment for 14 days. This applies regardless of whether the driver owns the vehicle
- Fines from $2,000 and up to $10,000 (+25% victim surcharge), allowing the court to scale the fine based on the specifics of the incident
- Imprisonment of up to six months
- Post-conviction licence suspension:
- for a first conviction: 1 to 3 years licence suspension;
- for a second conviction: 3 to 10 years licence suspension;
- for a third conviction: lifetime suspension, which may be reducible after 10 years based on specific criteria;
- for a fourth or subsequent conviction: a non-reducible lifetime licence suspension
- Mandatory driver improvement course
- Increased insurance rates
How Long Does Street Racing Stay on Your Record in Ontario?
- Street racing demerit points remain on your record for two years from the date of the offence.
- A conviction for speed racing in Ontario will come off your driving record after 3 years, but police and government can see it forever.
- Impact on insurance: street racing convictions can impact insurance premiums for around three years. During this time, insurance companies may consider you a high-risk driver, resulting in higher premiums or even denial of coverage. However, the exact duration of the impact can vary depending on the insurance company’s policies and individual circumstances.
Is Street Racing a Criminal Offence in Ontario?
Street racing is not explicitly classified as a criminal offence in Ontario. Instead, it is typically addressed under provincial traffic laws, particularly the Highway Traffic Act (HTA). However, certain actions associated with street racing, such as dangerous driving Ontario or careless driving causing death or bodily harm as a result of racing, can lead to criminal charges under the Criminal Code of Canada.
These charges are more serious and can result in criminal penalties, including imprisonment. Therefore, while street racing may not be considered a criminal offence, the consequences of engaging in such behaviour can have criminal implications.
Legal Help With Street Racing Charge Ontario
The consequences of a street racing ticket in Ontario can be severe and potentially life-changing. Given the stringent penalties under the Highway Traffic Act, including heavy street racing Ontario fines, licence suspensions, and possible jail time, it is crucial to have legal representation. Learn more about the stunt driving lawyer cost and ensure you have the right support.
Here’s why resorting to the help of a knowledgeable traffic ticket lawyer from X-COPS is essential:
- Expertise in traffic law: Our lawyers understand the intricate laws surrounding street racing and stunt driving and can navigate the legal system efficiently.
- Negotiating plea deals: We may negotiate with prosecutors to potentially reduce your charges or penalties.
- Challenging evidence: Our team can question the accuracy of the evidence against you, from speed measurements to the legality of the stop.
- Court representation: If your case goes to trial, having experienced representation is invaluable for advocating on your behalf.
- Minimizing long-term impacts: We aim to protect your driving record and reduce insurance rates and employment impacts.
At X-COPS, we provide dedicated support and expert legal counsel to ensure your rights are protected. If you’re charged with stunt racing in Ontario, contact us immediately for effective legal assistance.