15 Points on Points

What You Should Know About Demerit Points in Ontario

We all make driving mistakes and, at some point, we may be caught doing so. None of us want demerit points but alas, sh*t happens.

The purpose of the whole demerit point system is to hold us responsible for our driving mistakes. This system of penalizing drivers goes back decades and will penalize all drivers, regardless of wealth. So, even if you have the money to easily pay all your tickets, the demerit point system will limit your driving privileges.

Many Ontario drivers do not understand the demerit point system and how it could negatively affect their driving privileges. The following 15 points on points should shed some light on it:

1. All drivers start out with 0 points. You don’t lose points when you are convicted, you gain them. Demerit points are added to your driving record when you are convicted of certain driving infractions. Each demerit point added is a black mark against you and worsens your situation the more you accumulate.

2. Demerit points are only added upon conviction, not when issued the traffic ticket. You can be convicted when you simply pay the ticket without contesting it, plead guilty to it in court, or when the person in the black robe adjudicating your case rules that you are guilty.

3. Demerit points are added by the Ministry of Transportation (MTO) as a result of the conviction. They are NOT entered by the court, nor does the court have any control over the demerit points for each conviction. This means you cannot bargain with the court for lesser points for the same offence.

4. The number of demerit points added upon conviction varies depending on the seriousness of the infractions. Most are for violating the rules of the road. The equipment infractions and administrative charges carry no demerit points at all. Check out this Demerit Points Table:

5. Demerit points stay on your driver’s record for a period of 2 years from the date the offence was committed. So, if you delay your case a year and either plead guilty or are found guilty at a trial, the demerit points are put on your driving record but disappear after one year.

6. If you accumulate too many demerit points on your driving record, you may get warning letters from the MTO, asked to attend an interview to show cause why you should keep your driver’s licence, or your driver’s licence can become suspended. The following table shows at which point certain demerit point accumulation will trigger actions by MTO.

7. You can also get your licence suspended if you fail to show up at the MTO interview. Even if you do show up but fail to follow the MTO’s requirements as a result of the interview, or fail to show cause why you should keep your licence, you may also get your licence suspended.

8. If suspended for demerit points, a fully licensed driver will lose the licence for 30 days if it is the first suspension and six months if it is the second suspension within a two-year period. A Novice driver will lose the licence for 60 days if suspended for demerit points for the first time and six months if it is the second suspension within a two-year period. The time of suspension starts when the licence is surrendered. When your licence is suspended, you will get a letter from the MTO telling you the date your suspension will take effect and that you will need to surrender your licence. If you fail to surrender your licence, you may lose your licence for up to two years.

9. Once a first suspension is over and your licence is reinstated (after paying the MTO $180), your demerit points will be reset to 7 and recorded only to the most recent committed offences.

10. If you are a fully licensed driver in one class, but a novice in another, such as GM2 while waiting for your full motorcycle licence, the MTO rules of warning letters, interviews and suspensions apply when you accumulate demerit points as a fully licensed driver, not as a novice.

11. If you get a traffic conviction in any other province or territory in Canada, demerit points for that offence will be recorded on your Ontario driving record. Also, if you get a traffic conviction in either Michigan or New York, demerit points will show up on your Ontario record.

12. If you have just moved to Ontario from another province or territory and are applying to have an Ontario driver’s licence, the demerit points you accumulated previously will be recorded on your new licence. But if you had accumulated 8 or more demerit points, your Ontario record will be reduced to 7 demerit points. If you are a novice driver and had previously accumulated five or more demerit points, it will be reduced to 4 on your Ontario licence.

13. If you are convicted of an offence (or two or more arising out of the same incident) and the penalty handed down by the court includes a suspension of your licence, then no demerit points will be recorded.

14. If you are convicted of two or more offences arising out of the same incident, and the court does not impose a suspension of your licence, only the demerit points of one of the offences (the one with the highest demerit points) will be recorded.

15. Insurance companies are not as concerned with the number of demerit points you accumulate as they are with the number of convictions you have within a three-year period. Instead of demerit points, the insurance companies will classify the convictions as minor, major, or criminal. Each of the classifications is given a percentage surcharge so that an increase to your premiums can be determined at insurance renewal time. This increase may last three years from the next renewal date. Even convictions that have no demerit points may result in an increase in your insurance premium.