One of the more serious (and surprisingly common) driving charges seen at Bulwark Legal Services is for stunts or racing. Both of these fall under the same section of the Highway Traffic Act (HTA) and have severe consequences. The HTA reads:
172. (1) Racing, stunts, etc., prohibited
No person shall drive a motor vehicle on a highway in a race or contest, while performing a stunt or on a bet or wager. 2007, c. 13, s. 21
If a driver is pulled over for driving while performing stunts or racing (which includes travelling 50km/hr over the listed speed limit), and given a charge, the driver’s licence is immediately suspended for 7 days, and the vehicle impounded.
After 7 days, it is the driver’s responsibility to pay the appropriate fees to reinstate his/her licence and also to pay to have the vehicle released from impound.
If convicted, a driver can:
- receive a fine of at least $2000, up to $10,000 and/or
- Serve up to 6 months in jail and/or
- Have his/her licence suspended
- Receive 6 demerit points
(Not to mention insurance premiums rising, because most insurance companies deem stunt convictions as serious as impaired driving.)
Stunt driving has it’s own definition under the Highway Traffic Act under Regulation 455/07: Races, Contests and Stunts. According to this regulation, stunts or racing can mean:
- Driving a motor vehicle in a manner that indicates an intention to lift some or all of its tires from the surface of the highway, including driving a motorcycle with only one wheel in contact with the ground, but not including the use of lift axles on commercial motor vehicles.
- Driving a motor vehicle in a manner that indicates an intention to cause some or all of its tires to lose traction with the surface of the highway while turning.
- Driving a motor vehicle in a manner that indicates an intention to spin it or cause it to circle, without maintaining control over it.
- Driving two or more motor vehicles side by side or in proximity to each other, where one of the motor vehicles occupies a lane of traffic or other portion of the highway intended for use by oncoming traffic for a period of time that is longer than is reasonably required to pass another motor vehicle.
- Driving a motor vehicle with a person in the trunk of the motor vehicle.
- Driving a motor vehicle while the driver is not sitting in the driver’s seat.
- Driving a motor vehicle at a rate of speed that is 50 kilometres per hour or more over the speed limit.
- Driving a motor vehicle without due care and attention, without reasonable consideration for other persons using the highway or in a manner that may endanger any person by,
- driving a motor vehicle in a manner that indicates an intention to prevent another vehicle from passing,
- stopping or slowing down a motor vehicle in a manner that indicates the driver’s sole intention in stopping or slowing down is to interfere with the movement of another vehicle by cutting off its passage on the highway or to cause another vehicle to stop or slow down in circumstances where the other vehicle would not ordinarily do so,
- driving a motor vehicle in a manner that indicates an intention to drive, without justification, as close as possible to another vehicle, pedestrian or fixed object on or near the highway, or
- making a left turn where,
- the driver is stopped at an intersection controlled by a traffic control signal system in response to a circular red indication;
- at least one vehicle facing the opposite direction is similarly stopped in response to a circular red indication; and
- the driver executes the left turn immediately before or after the system shows only a circular green indication in both directions and in a manner that indicates an intention to complete or attempt to complete the left turn before the vehicle facing the opposite direction is able to proceed straight through the intersection in response to the circular green indication facing that vehicle. O. Reg. 455/07, s. 3.
If you are charged with stunts or racing, you will receive a summons to court. You must attend, or you can hire a paralegal to attend for you.
Every situation is different. Remember you have a right to fight your ticket. At Bulwark Legal Services we provide free consultations. You can go to our website and send us a copy of your ticket. We will help you decide the right course of action to take.
