Traffic Safety Act

Violating section 86 of the Traffic Safety Act.

This section of the Traffic Safety Act deals with the following:

  • obligations of drivers when involved in an accident
  • observing other legislation, including municipal bylaws, the Government Property Traffic Act (Canada), National Parks Act (Canada)
  • dangerous driving
  • speeding through construction sites

It stipulates a penalty of up to three months suspension for these types of violations. 

Demerit Points

Every time you are found guilty of a driving offence, you are also given a demerit point.  If you get 8 or more points, but less than 15, you will be sent a letter informing you of the amount of demerit points you have.  If you get 15 or more points in a 2 year period your licence is automatically suspended for 1 month. 

If you reach 15 points twice in 2 years then you get an automatic 3 month suspension, if you reach 15 points 3 times then it is an automatic 6 month suspension.  There is no way to appeal this unless you feel the points have been added up wrongly.  You can look at your detailed driving record by contacting the Transportation Safety Board.

When the suspension period is over then your licence is given back to you with 7 demerit points against it.  Before you reach 15 points you can take an approved driving course which will result in 3 points being taken off your licence.  This can only be done once every 2 years. It takes 2 years for the points to roll of your licence for any given offence.  The 2 years is calculated from the day you pay your fine, not from the day you received the fine. 

Suspensions Due to Demerit Points 

The following offences result in the following number of demerit points: 

7 Points
Failure to remain at the scene of an accident
Speeding more than 50 km/h over the limit

6 Points

Careless Driving

5 Points

Failing to stop for school bus, train at crossing
Truck carrying dangerous load
Failing to stop for a Police Officer

4 Points

Following too closely
Speeding more than 30 km/h but less than 50 km/h over the limit
Speeding at an unreasonable rate

3 Points

Failing to report an accident
Improper passing
Driving on wrong side of road
Wrong way on one way road
Blocking passing vehicle
Failure to stop for sign or traffic lights
Failure to obey traffic control device
Speeding more than 15 km/h but less than 30 km/h over the limit

2 Points

Traffic lane violation
Failure to obey instruction of traffic control device
Improper turns
Improper backing
Speeding up to 15 km/h over the limit

Graduated Licence Program

The demerit system is much stricter if you are in the Graduated Driver Licencing (GDL) program.  When you have a total of 4 or more, but less than 8 points, you get a notice in the mail.  

If you get 8 or more points within a 2 year period, you get an automatic 1 month suspension.  If you reach 8 points twice in 2 years, then you get an automatic 3 month suspension. 

When you accumulate 8 points three times in 2 years, then you get an automatic 6 month suspension.

In addition to the demerit points listed above, GDL drivers can also get 2 demerit points for the following:

  • Curfew (no driving from midnight until 5 a.m. (Class 7 Learners only)
  • Having more passengers than seatbelts
  • Supervisor not fully qualified

No amount of drinking and driving is tolerated in the GDL program.  Drivers licenced under the GDL are prohibited from operating a vehicle with even the slightest amount of alcohol in their body.  Violation results in an automatic 1 month licence suspension.  If a driver under the GDL violates this condition twice, there will be another 1 month licence suspension and the driver will be required to appear before the Transportation Safety Board. 

Like the suspensions issued for Impaired charges, before a licence can be given back, the conditions of suspension outlined on the suspension order must be completed.  There is a fee that has to be paid before the licence is given back. 


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