PART X RULES OF THE ROAD
Racing, stunts, etc., prohibited
172 (1) No person shall drive a motor vehicle on a highway in a race or contest, on a bet or wager or while performing a stunt. 2021, c. 26, Sched. 1, s. 15 (4). Offence (2) Every person who contravenes subsection (1) is guilty of an offence and on conviction is liable to a fine of not less than $2,000 and not more than $10,000 or to imprisonment for a term of not more than six months, or to both, and in addition, the court shall make an order suspending the person’s driver’s licence, (a)  on a first conviction under this section, for not less than one year and not more than three years; (b)  on a second conviction under this section, for not less than three years and not more than 10 years; or (c)  on a third or subsequent conviction under this section, indefinitely. 2021, c. 26, Sched. 1, s. 15 (4). Reduction (3) An indefinite suspension imposed under clause (2) (c) that was not in relation to a fourth or subsequent conviction under this section may be reduced by the Registrar in the prescribed circumstances. 2021, c. 26, Sched. 1, s. 15 (4). Determining subsequent conviction (4) In determining whether a conviction is a subsequent conviction for the purposes of subsection (2), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction. 2021, c. 26, Sched. 1, s. 15 (4). 10-year limitation (5) A conviction that is more than 10 years after the previous conviction is deemed to be a first conviction for the purpose of subsection (2). 2021, c. 26, Sched. 1, s. 15 (4). Exception (6) Despite subsection (5), when the subsequent conviction is within 10 years after the previous conviction, all previous convictions that were not followed by a 10-year period without a conviction shall be taken into account for the purpose of subsection (2). 2021, c. 26, Sched. 1, s. 15 (4). Transition (7) A conviction that was more than 10 years before the date on which subsection 15 (4) of Schedule 1 to the Moving Ontarians More Safely Act, 2021 comes into force shall not be taken into account for the purpose of subsection (2). 2021, c. 26, Sched. 1, s. 15 (4). Police to require surrender of licence, detention of vehicle (8) If a police officer believes on reasonable and probable grounds that a person is driving, or has driven, a motor vehicle on a highway in contravention of subsection (1), the officer shall, (a)  request that the person surrender their driver’s licence; and (b)  detain the motor vehicle that was being driven by the person until it is impounded under clause (10) (b). 2021, c. 26, Sched. 1, s. 15 (4). Administrative 30-day licence suspension (9) Upon a request being made under clause (8) (a), the person to whom the request is made shall forthwith surrender their driver’s licence to the police officer and, whether or not the person is unable or fails to surrender the licence to the police officer, the driver’s licence is suspended for a period of 30 days from the day the request is made. 2021, c. 26, Sched. 1, s. 15 (4). Administrative 14-day vehicle impoundment (10) Upon a motor vehicle being detained under clause (8) (b), the motor vehicle shall, at the cost of and risk to its owner, (a)  be removed to an impound facility as directed by a police officer; and (b)  be impounded for 14 days from the day it was detained under clause (8) (b). 2021, c. 26, Sched. 1, s. 15 (4). Release of vehicle (11) Subject to subsection (13), the motor vehicle shall be released to its owner from the impound facility upon the expiry of the period of impoundment. 2021, c. 26, Sched. 1, s. 15 (4). Early release of vehicle (12) Despite the detention or impoundment of a motor vehicle under this section, a police officer may release the motor vehicle to its owner before it is impounded under subsection (10) or, subject to subsection (13), may direct the operator of the impound facility where the motor vehicle is impounded to release the motor vehicle to its owner before the expiry of the 14 days if the officer is satisfied that the motor vehicle was stolen at the time that it was driven on a highway in contravention of subsection (1). 2021, c. 26, Sched. 1, s. 15 (4). Costs to be paid before release of vehicle (13) The person who operates the impound facility where a motor vehicle is impounded under subsection (10) is not required to release the motor vehicle until the removal and impound costs for the vehicle have been paid. 2021, c. 26, Sched. 1, s. 15 (4). Lien for storage costs (14) The costs incurred by the person who operates the impound facility where a motor vehicle is impounded under this section are a lien on the motor vehicle that may be enforced under the Repair and Storage Liens Act. 2021, c. 26, Sched. 1, s. 15 (4). Duty of officer re licence suspension (15) Every police officer who asks for the surrender of a person’s driver’s licence under this section shall keep a record of the licence received with the name and address of the person and the date and time of the suspension and shall, as soon as practicable after receiving the licence, provide the person with a notice of suspension showing the time from which the suspension takes effect and the period of time for which the licence is suspended. 2021, c. 26, Sched. 1, s. 15 (4). Duty of officer re impoundment (16) Every police officer who detains a motor vehicle under this section shall prepare a notice identifying the motor vehicle that is to be impounded under subsection (10), the name and address of the driver and the date and time of the impoundment and shall, as soon as practicable after the impoundment of the motor vehicle, provide the driver with a copy of the notice showing the time from which the impoundment takes effect, the period of time for which the motor vehicle is impounded and the place where the vehicle may be recovered. 2021, c. 26, Sched. 1, s. 15 (4). Same (17) A police officer shall provide a copy of the notice prepared under subsection (16) to the owner of the motor vehicle by delivering it personally or by mail to the address of the owner shown on the permit for the motor vehicle or to the latest address for the owner appearing on the records of the Ministry. 2021, c. 26, Sched. 1, s. 15 (4). No appeal or hearing (18) There is no appeal from, or right to be heard before, a vehicle detention, driver’s licence suspension or vehicle impoundment under subsection (8), (9) or (10), but this subsection does not affect the taking of any proceeding in court. 2021, c. 26, Sched. 1, s. 15 (4). Owner may recover losses from driver (19) The owner of a motor vehicle that is impounded under this section may bring an action against the driver of the motor vehicle at the time the vehicle was detained under clause (8) (b) to recover any costs or other losses incurred by the owner in connection with the impoundment. 2021, c. 26, Sched. 1, s. 15 (4). Offence (20) Every person who obstructs or interferes with a police officer in the performance of the officer’s duties under this section is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $5,000 or to imprisonment for a term of not more than six months, or to both. 2021, c. 26, Sched. 1, s. 15 (4). Intent of suspension and impoundment (21) The suspension of a driver’s licence and the impoundment of a motor vehicle under this section are intended to promote compliance with this Act and to thereby safeguard the public and do not constitute an alternative to any proceeding or penalty arising from the same circumstances or around the same time. 2021, c. 26, Sched. 1, s. 15 (4). Impoundment concurrent with other administrative impoundments (22) The impoundment of a motor vehicle under this section runs concurrently with an impoundment, if any, of the same motor vehicle under section 41.4, 48.4, 55.1, 55.2 or 82.1. 2021, c. 26, Sched. 1, s. 15 (4). Regulations (23) The Lieutenant Governor in Council may make regulations, (a)  requiring police officers to keep records with respect to licence suspensions and vehicle impoundments under this section for a specified period of time and to report specified information with respect to licence suspensions and vehicle impoundments to the Registrar and governing such records and reports; (b)  exempting any class of persons or class or type of vehicles from any provision or requirement of this section or of any regulation made under this section, prescribing conditions for any such exemptions and prescribing different requirements for different classes of persons or different classes or types of vehicles; (c)  defining the terms “race”, “contest” and “stunt” for the purposes of this section; (d)  prescribing the circumstances in which an indefinite suspension imposed by court order under clause (2) (c) may be reduced by the Registrar, and the conditions or requirements before reinstatement of the driver’s licence. 2021, c. 26, Sched. 1, s. 15 (4). Definition (24) In this section, “driver’s licence” includes a driver’s licence issued by another jurisdiction. 2021, c. 26, Sched. 1, s. 15 (4). Same (25) In this section and in section 172.1, “motor vehicle” includes a street car, a motorized snow vehicle, a farm tractor, a self-propelled implement of husbandry and a road-building machine. 2021, c. 26, Sched. 1, s. 15 (4). Section Amendments with date in force (d/m/y) 2007, c. 13, s. 21
- 30/09/2007 2008, c. 17, s. 43
- 06/03/2009 2009, c. 5, s. 51 (1, 2) - 23/04/2009 2019, c. 8, Sched. 1, s. 2 - 06/06/2019 2021, c. 26, Sched. 1, s. 15 (1) - 12/09/2021; 2021, c. 26, Sched. 1, s. 15 (2, 3) - 01/07/2021; 2021, c. 26, Sched. 1, s. 15 (4) - 11/05/2021