PART IV LICENCES
Driver’s licence
32 (1) No person shall drive a motor vehicle on a highway unless the motor vehicle is within a class of motor vehicles in respect of which the person holds a driver’s licence issued to him or her under this Act.  R.S.O. 1990, c. H.8, s. 32 (1). Idem (2) No person shall drive a street car on a highway unless he or she holds a driver’s licence.  R.S.O. 1990, c. H.8, s. 32 (2). Endorsement required (3) No person shall drive on a highway a type of motor vehicle or combination of vehicles for which the regulations require a driver’s licence endorsement or in circumstances for which the regulations require a driver’s licence endorsement unless the person’s driver’s licence permits him or her to drive that class of motor vehicle or combination of vehicles and is endorsed to permit him or her to drive that type of motor vehicle or combination of vehicles or to drive in those circumstances, as the case may be.  2002, c. 18, Sched. P, s. 12 (1). (4) Repealed:  2002, c. 18, Sched. P, s. 12 (1). Issuance of driver’s licence, endorsements (5) The Minister may require an applicant for a driver’s licence or an endorsement or a person who holds a driver’s licence to submit to the examinations that are authorized by the regulations at the times and places required by the Minister and to meet other prescribed requirements, and the Minister may, (a)  in the case of an applicant for a driver’s licence, (i)  issue the driver’s licence of the class and subject to the conditions authorized by the regulations that, in the opinion of the Minister, are justified by the results of the examinations and other prescribed requirements, or (ii)  where the applicant fails to submit to or to successfully complete the examinations or fails to meet the other prescribed requirements, refuse to issue a driver’s licence to the applicant; (b)  in the case of a person who holds a driver’s licence, (i)  impose the conditions authorized by the regulations, remove any conditions or endorsements or change the class or classes of driver’s licence held by the person, in accordance with the results of the examinations and other prescribed requirements, or (ii)  where the person fails to submit to or to successfully complete the examinations or fails to meet the other prescribed requirements, impose the conditions authorized by the regulations, remove any endorsements, suspend or cancel the driver’s licence held by the person or change the class or classes of driver’s licence held by the person; (c)  in the case of a person who holds a driver’s licence and who is an applicant for an endorsement, (i)  grant the endorsements authorized by the regulations that, in the opinion of the Minister, are justified by the results of the examinations and other prescribed requirements, or (ii)  where the person fails to submit to or to successfully complete the examinations or fails to meet the other prescribed requirements, refuse to grant the endorsements applied for.  2002, c. 18, Sched. P, s. 12 (1). Retaining portion of fee (6) Despite section 2 of the Financial Administration Act, any person who issues licences or provides any other service in relation to licences on behalf of the Minister, pursuant to an agreement with the Minister, may retain, from the fee paid, the amount that is approved by the Minister from time to time.  R.S.O. 1990, c. H.8, s. 32 (6). Contingent validity (7) Where a driver’s licence issued under subsection (5) has been suspended, it is not valid for purposes of subsection (1) until the prescribed administrative fee for its reinstatement has been paid.  R.S.O. 1990, c. H.8, s. 32 (7). (8) Repealed:  2002, c. 18, Sched. P, s. 12 (2). Driving in breach of condition prohibited (9) No person shall drive a motor vehicle on a highway while contravening a condition contained in his or her driver’s licence or imposed by the regulations.  R.S.O. 1990, c. H.8, s. 32 (9). Responsibility of owner (10) No person who is the owner or is in possession or control of a motor vehicle or combination of vehicles shall permit any person to drive the motor vehicle or combination of vehicles on a highway unless that person holds a driver’s licence for the class of motor vehicles or combination of vehicles to which the motor vehicle or combination of vehicles belongs.  2002, c. 18, Sched. P, s. 12 (3). Same (10.1) No person who is the owner or is in possession or control of a motor vehicle or combination of vehicles shall permit any person to drive the motor vehicle or combination of vehicles on a highway where to do so would contravene a condition on the person’s driver’s licence.  2002, c. 18, Sched. P, s. 12 (3). Same (11) No person who is the owner or is in possession or control of a motor vehicle or combination of vehicles shall permit any person to drive the motor vehicle or combination of vehicles on a highway unless that person holds a driver’s licence containing any endorsements that are required to drive that motor vehicle or combination of vehicles under the circumstances in which the person will be driving.  2002, c. 18, Sched. P, s. 12 (3). Same, novice drivers (11.1) No person who is the owner or is in possession or control of a motor vehicle or combination of vehicles shall permit a novice driver, as defined under section 57.1, to drive the motor vehicle or combination of vehicles on a highway while contravening a condition or restriction imposed upon the novice driver by this Act or the regulations.  2002, c. 18, Sched. P, s. 12 (4); 2009, c. 5, s. 7. (12) Repealed:  2002, c. 18, Sched. P, s. 12 (5). Applicant for driver’s licence may be photographed (13) The Minister may require as a condition for issuing a driver’s licence that the applicant therefor submit to being photographed by equipment provided by the Ministry.  R.S.O. 1990, c. H.8, s. 32 (13). Regulations (14) The Lieutenant Governor in Council may make regulations relating to this section, (a)  prescribing classes of motor vehicles; (b)  prescribing the term of validity of drivers’ licences; (c)  prescribing conditions that may be imposed on a driver’s licence or on a class or classes of drivers’ licences; (d)  prescribing classes of drivers’ licences; (e)  respecting practical and written driving examinations, mental examinations and physical examinations, including ophthalmic and auditory examinations, for applicants for and holders of drivers’ licences and endorsements; (f)  prescribing the qualifications of applicants for and holders of drivers’ licences or any class or classes of drivers’ licences and authorizing the Minister to waive the qualifications that are specified in the regulations under the circumstances prescribed therein; (g)  prescribing the requirements to be met by an applicant for a driver’s licence; (h)  prescribing types of motor vehicles or of combinations of vehicles for which endorsements are required and prescribing the endorsements; (i)  prescribing the circumstances for which endorsements are required and prescribing the endorsements; (j)  prescribing the requirements to be met by a person applying for an endorsement; (k)  prescribing the requirements to be met by a person for a condition to be removed from his or her driver’s licence; (l)  prescribing the qualifications of applicants for and holders of endorsements and authorizing the Minister to waive the qualifications that are specified in the regulations under the circumstances prescribed in the regulations; (m)  respecting documents required to be filed with the Ministry prior to the issuance of a driver’s licence or any class or classes of drivers’ licences or prior to granting an endorsement or as a requirement for retaining a driver’s licence or endorsement by the holder of a driver’s licence; (m.1)  providing that a driver’s licence or an endorsement cannot be issued or renewed if the applicant or holder of the licence or endorsement has not paid an administrative penalty imposed under section 21.1; (n)  prescribing the kinds of decisions under subsection (5) which an applicant or person who holds a driver’s licence may appeal under section 50; (o)  respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out the intent and purpose of this section.  R.S.O. 1990, c. H.8, s. 32 (14); 2002, c. 18, Sched. P, s. 12 (6-8); 2014, c. 9, Sched. 2, s. 11 (1). Documents privileged (15) Documents filed with the Ministry relating to mental and physical, including ophthalmic and auditory, examinations pursuant to this section are privileged for the information of the Ministry only and shall not be open for public inspection.  R.S.O. 1990, c. H.8, s. 32 (15). Penalty (16) Every person who contravenes subsection (1), (2), (3), (10), (10.1), (11) or (11.1) is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $1,000.  2002, c. 18, Sched. P, s. 12 (9). Penalty — commercial motor vehicle (17) Despite subsection (16), every person who contravenes subsection (1), (3), (9), (10), (10.1), (11) or (11.1) is guilty of an offence and, if the offence was committed by means of a commercial motor vehicle, on conviction is liable to a fine of not less than $200 and not more than $20,000.  2002, c. 18, Sched. P, s. 12 (10); 2014, c. 9, Sched. 2, s. 11 (2). Limitation on driver’s licence (18) For greater certainty, a person who holds a driver’s licence to drive a class of motor vehicle may nevertheless be restricted to driving a type of motor vehicle or combination of vehicles within that class of motor vehicle, (a)  by a condition prescribed under clause (14) (c) that is imposed on the person’s licence; or (b)  by the absence of an endorsement prescribed under clause (14) (h) or (i) on the person’s licence.  2002, c. 18, Sched. P, s. 12 (11). Section Amendments with date in force (d/m/y) 1993, c. 40, s. 2 (1, 2) - 06/06/1994 1996, c. 20, s. 3 - 28/10/1996 2002, c. 18, Sched. P, s. 12 (1, 3-11) - 16/08/2008; 2002, c. 18, Sched. P, s. 12 (2) - 26/11/2002 2009, c. 5, s. 7
- 23/04/2009 2014, c. 9, Sched. 2, s. 11 (1) - 01/07/2022; 2014, c. 9, Sched. 2, s. 11 (2) - 01/01/2017